Law on Guarantees for Posted Workers


Published: 2005-12-05

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OFFICIAL TRANSLATION
 
REPUBLIC OF LITHUANIA
 
LAW
ON GUARANTEES FOR POSTED WORKERS
 
 
12 May 2005  No X-199 Vilnius
 
 
 
Article 1. Purpose of the Law
1. This law shall ensure guarantees for the workers posted to perform temporary work in another Member State of the European Union as well as in a state of the European Economic Area (hereinafter referred to as a Member State) and for the workers posted by other states to perform temporary work in the territory of the Republic of Lithuania. Undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State.
2. The provisions of this Law shall be in compliance with the EU legal acts listed in the Annex to this Law.
 
Article 2. Definitions
1. “Employer” shall be defined as specified in Article 16 of the Labour Code of the Republic of Lithuania.
2. “Employee” shall be defined as specified in Article 15 of the Labour Code of the Republic of Lithuania.
3. “Undertaking of the group” shall mean a controlling or controlled undertaking owned by a group of undertakings.
4. “Undertaking” shall mean a legal person having the right to engage in economic and commercial activity.
5. “Group of undertakings” shall mean a group which consists of a controlling undertaking and controlled undertakings as specified in the Republic of Lithuania Law on European Works Councils.
6. “Posted worker” shall mean a worker who is habitually employed in the territory of the Republic of Lithuania, but has been posted by the employer temporarily to perform work in another Member State as well as a worker who is habitually employed in another state, but has been posted temporarily to perform work in the territory of the Republic of Lithuania.
7. “Temporary employment undertaking” shall mean a legal or natural person engaged in the posting of its employees to perform temporary work for another person for that person’s account and under his direction.
8. “Customer” shall mean a natural or legal person with which a contract has been concluded on the provision of services or performance of work.
 
Article 3. Scope of the Law
1. This Law shall apply where a worker is posted to perform temporary work in the territory of another Member State:
1) under a contract on the provision of services or performance of work as concluded by the employer with a customer operating in that Member State, or
2) in a branch, representative office of the undertaking or undertaking of the group of the employer, or
3) as an employee of a temporary employment undertaking.
2. This Law shall also apply where a worker is posted from another state to perform temporary work to the territory of the Republic of Lithuania on the grounds provided for in paragraph 1 of this Article.
3. This Law shall not apply to the seagoing personnel of merchant ships, which are subject to the Republic of Lithuania Maritime Shipping Law.
 
Article 4. Guarantees for Posted Workers
1. A posted worker must, whatever the law applicable to the employment contract or employment relationship, be applied the provisions of the regulatory enactments of the state to whose territory the worker is posted to perform temporary work, including extended sectoral or territorial collective agreements, insofar as they concern:
1) maximum work periods and minimum rest periods;
2) minimum paid annual holidays;
3) the minimum rates of pay, including overtime rates;
4) the conditions of employment of workers of temporary employment undertakings;
5) health, safety and hygiene at work;
6) protective measures with regard to the terms and conditions of employment of young people, pregnant women, women who have recently given birth and are breast feeding;
7) prohibition of discrimination at work.
2. Per diem allowances, with the exception of expenditure on travel, board and lodging actually incurred on account of the posting, shall be considered to be part of the minimum wage. )
3. Where the legal provisions of a state whose law is applicable to an employment contract or employment relationship provide to workers more favourable conditions than the provisions of paragraph 1 of this Article, the legal provisions of the state whose law is applicable to the employment contract or employment relationships shall apply.
4. In the cases provided for in subparagraphs 1 and 2 of paragraph 1 of Article 3 of this Law, the guarantees related to the minimum rates of pay, including overtime rates, shall not apply where the period of posting does not exceed 30 days.
5. The guarantees specified in subparagraphs 2 and 3 of paragraph 1 of this Article and related to minimum annual holidays, minimum rates of pay and overtime rates shall not apply where initial assembly and/or first installation of goods is an integral part of a contract for the supply of goods and necessary for taking the goods supplied into use and is carried out by the skilled and/or specialist workers of the supplying undertaking, if the period of posting does not exceed eight days This exception shall not apply where a posted worker carries out building work in the territory of the Republic of Lithuania as provided for in the Republic of Lithuania Law on Construction.
6. The length of a posting shall be calculated by adding up all calendar days of the posting or postings over a period of one year from the beginning of the first posting.
 
Article 5. Notification
1. The employer posting a worker to perform temporary work in the territory of the Republic of Lithuania for a period exceeding 30 days or to carry out building work as provided for the Republic of Lithuania Law on Construction shall, in accordance with the procedure laid down by the Ministry of Social Security and Labour of the Republic of Lithuania, notify in advance the territorial division of the State Labour Inspectorate of the posted worker’s place of employment of the provisions as specified in paragraph 1 of Article 4 of this Law and applied to this worker.
2. Employers of the Republic of Lithuania shall keep the documents relating to a posted worker within the time limits and in accordance with procedure laid down in laws of the Republic of Lithuania. The employers must immediately submit these documents to competent bodies at their request. The employers of other states shall keep these documents within the time limits and in accordance with procedure laid down in the legislation of the appropriate state, however, not longer than the duration of a worker’s posting to the Republic of Lithuania.
3. The State Labour Inspectorate shall, free of charge, provide information or co-operate otherwise with the competent bodies of other Member States with regards to the application of the conditions specified in paragraph 1 of Article 4 of this Law to posted workers as well as with regards to violations of the guarantees provided for a posted worker under this Law. It shall ensure that information about the provisions of the regulatory enactments of the Republic of Lithuania, including extended sectoral or territorial collective agreements, with regards to the conditions specified in paragraph 1 of Article 4 of this Law and applied to a posted worker is available to employers of the Member States.
4. The State Labour Inspectorate shall, at its own initiative and/or at the request of the competent bodies or posted workers of other Member States, carry out verifications to ascertain whether posted workers’ guarantees are not violated.
5. The procedure for issuing a work permit to a worker posted to the territory of the Republic of Lithuania shall be laid down by laws and other legal acts of the Republic of Lithuania.
 
Article 6. Settlement of disputes
1. A worker posted to the territory of the Republic of Lithuania as well as a worker the posting whereof in the territory of the Republic of Lithuania has ended may apply to courts of the Republic of Lithuania for nonfeasance or misfeasance of the guarantees provided for under this Law in accordance with the procedure laid down by the Republic of Lithuania Code of Civil Procedure.
2. Disputes concerning the guarantees specified in this Law and arising between the employer and the workers posted to perform work in another Member State may be, at the choice of the worker, examined in accordance with the procedure laid down by legal acts of the Republic of Lithuania for examining labour disputes.
3. Where international treaties of the Republic of Lithuania stipulate other rules than those laid down in this Article, rules of the international treaties of the Republic of Lithuania shall apply.
 
Article 7. Liability for Violations of the Law
The persons in breach of the provisions of this Law shall be held liable under laws of the Republic of Lithuania.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
 
 
 
 
 
president of the republic                                                 VALDAS ADAMKUS
 
Annex to
12 May 2005
Republic of Lithuania
Law No X-199
 
 
 
 
 
EU LEGAL ACTS IMPLEMENTED BY THE LAW ON GUARANTEES FOR POSTED WORKERS
 
 
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.