The President proposes amending 22 provisions for the benefit of the employee out of 260 Articles contained in the Labour Code.
The Head of State proposes to reinstate in the Labour Code the constitutional provision that the employee is the socially weaker party in the labour relations and has fewer bargaining powers. In the event of a dispute, the provisions of the Code should therefore be interpreted in favour of the employee.
The proposals also aim to ensure proper protection of socially vulnerable groups, namely, persons with disabilities, single parents, minors, persons of retirement age, and persons exposed to harmful conditions and night shifts at work.
For cases of dismissal from work on the employer’s initiative without employee’s fault, it is proposed to extend the period of notice to three months to most vulnerable groups; for dismissal on the employee’s own will, the compensation would be eight times the average wage, instead of the previously proposed six times the average wage. For termination of the employment contract upon the employee’s initiative on important grounds, it is proposed to pay a severance pay that would consist of two average wages instead of the previously proposed one average wage. In cases of delayed payment to the employee, the penalty rate should not be limited by the ceiling amounting to three average wages as so far has been laid down in the new draft Labour Code.
In view of the constitutionally enshrined human right to a free choice of employment and a safe working environment, the Head of State proposes abolishing the socially most unsafe zero-hours contracts of indefinite duration and proposes applying fixed-term contracts for permanent work exclusively in cases provided for in collective agreements.
It is proposed to reinstate in the Labour Code the provisions ensuring protection of employees exposed to the most difficult conditions: for shorter working hours due to exposure to harmful or other similar conditions, full-time salary should apply. It is proposed to provide additional annual leave for continued work in the same workplace.
The President proposes abolishing the provision on the binding nature of establishment of work councils; providing additional protection to trade union leaders against unjustified dismissal; and laying down more democratic modalities for the establishment of the Tripartite Council.
Subsequent to the presentation of the presidential decrees, 95 MPs voted in favour of review of the draft amendments to the Labour Code and the accompanying draft legislation, with 23 votes in favour of considering the previously adopted new Labour Code legislation to be null and void. The drafts will be further debated in the lead committees, namely, the Committee on Social Affairs and Labour and the Committee on Budget and Finance.
The new Labour Code was adopted by the Seimas on 21 June 2016. Jointly with the accompanying draft legislative amendments it forms part of the seven packages of the New Social Model aimed at improving the regulation of labour relations.