Ar Lietuvos Respublikos teisės aktai užtikrina darbuotojų, dirbančių per laikinojo įdarbinimo įmones, teisių apsaugą? ; Whether the Republic of Lithuania Legislation Ensures Employees, Working Through Temporary Work Agencies, Protection of the Rights?

Open Access

Abstract

In the final work of the master analyzed a temporary work through temporary work agency. Temporary agency work is an important and growing sector. In 2004 Lithuania ratified International Labor Organization Convention No. 181, which aims to develop employment policies and to establish a legal framework to regulate temporary agency work. In 2008, the European Parliament and the Council adopted Directive 2008/104/EC, which aims to raise the work through temporary employment companies' quality, and to ensure protection for workers. To this end, in 2011, in transposition of the directive into Lithuanian law was adopted, the Republic of Lithuania employment through temporary employment agencies Act. It sets out the characteristics of temporary work and temporary employment agency, temporary employee and the temporary employee's user firm rights and obligations. In the three-way relationships between temporary employment agencies, the employee and the user of temporary work, the weakest and most vulnerable party is an employee. To carry out research that temporary staff are far more vulnerable than permanent staff. Temporary agency workers' vulnerability are characterized by the fact that their salaries for the same work may be less than permanent staff in the field; there is no guarantee for the further work, frequent change in the workplace, etc. In addition, both the Directive 2008/104/EC and national legislation provide for the possibility to derogate from certain provisions (for example, the principle of equal treatment). Therefore, in this work analyses the legal protection of temporary agency workers. In view of the fact that the most common violations of the rights of workers, which is discrimination based on the principle of equal treatment and is not guaranteed safe and fair working conditions. At work raised the hypothesis – the Lithuanian legislation does not guarantee temporary agency workers, the protection of rights. The objective of work is to analyze the temporary employment through temporary employment agencies legal regulation of foreign countries and the Republic of Lithuania. Assessment of Directive 2008/104/EC transposed into the national legal systems, the impact on the protection of temporary agency workers. To achieve that objective are to formulate these tasks: 1. analyze the characteristics of the temporary work, and international regulation of the temporary work; 2. to examine in detail the regulation of temporary work in selected countries, and the protection afforded to workers; 3. discuss the protection provided to the temporary agency workers, after Directive 2008/104/EC transposition into national legal systems and to examine the current practice of the Court of Justice of the European Union; 4. to analyze the Republic of Lithuania national legislation which regulate temporary work. The first part of work analyzes the specifics of temporary work, the benefits and disadvantages. Is presented temporary work model and describes its performance. As well analyzes the emergence of international regulation and the International Labor Organization changing approaches on this form of work. In view of the fact that such work's form of a relatively new phenomenon in Lithuania, while Germany, France and the United States such work's form already exists in more than one decade is analyzed the practice of those States, regulating temporary work. In the second part of the analysis of the work analyze the European Parliament and Council Directive 2008/104/EC concerning temporary agency work. Analyze the protections and guarantees of workers offered by the directive and issues that arise from certain its provisions. There are also analyzed the Council of Europe report, which assesses the implementation of the provisions of the directive, how the Member States have succeeded in improving the situation of temporary workers. While discussing the jurisprudence of the Court of Justice of the European Union, the work describes the first and so far the only case law in the case, which clarifies the application of the provisions of the directive. The third part analyzes the Republic of Lithuania the temporary employment regulation. Emphasizes that, before fully adjusting to this form of work was approved the labor hire conception. The concept was reflected basic principles of Law of the temporary agencies workers and was set up by the analysis of the practice of European countries on this matter. Further in this part of the work is analyzed The Republic of Lithuania employment through temporary employment agencies Act, it is compared with the Directive 2008/104/EC, the provisions of the regulation of foreign temporary work and with the new the Republic of Lithuania Labour Code project. In the final work, raised the hypothesis that the Lithuanian legislation does not guarantee temporary agency workers, protection of the rights is confirmed only partially. The Republic of Lithuania employment through temporary employment agencies Act, drawn up in accordance with Directive 2008/104/EC enshrines the essential principles of the Directive and ensures protection of fundamental rights. However, the temporary employment agencies poor control and licensing absence creates preconditions to violate workers' rights.