2024-04-18

News in English

<< atgalFeudal relations in the transport sector

2010-03-05

The daily allowance for the transport workers can be reduced by 50 percent of government’s norm. Drivers who want to get job, agree to such a condition, because orally they promised to pay them for mileage. Upon returning from the trip at least 1041 litas per month, or at least 6.31 litas per hour - is shown as salary. The remainder shall be paid as subsistence allowance, for which the government allows exemption from tax.
In addition, the payments for the per diem payments are not regulated. Often companies are in debt to the drivers by 3 to 10 thousand litas.

These debts consist of a security deposit or the amount of cash collected: the so-called "back" or "wall" and unpaid per diem. Although the company still didn’t pay for the previous trip, drivers are still going to another trip creating added value for free. They hope to regain some of the money.
Many times after return from the trip they found that the company declared bankruptcy. In this case, per diem becomes the third by importance debt, it is paid if the company has assets. Usually not, because the trucks are bought on lease and owned by bank, and the administration operates in rented premises.

To justify the arrears, employers or if managers instructions are not met introduce penalties, such as unanswered phone - 100 Euros. It also declares low rate of fuel, so the drivers, being in Russia, where fuel is cheaper, have to buy it for his money in order to cover the missing fuel. Moreover, administration gives the task, to bring full tank of fuel to the company. Fuel there is discarded, leaving only to the theoretically calculated amount.
According to the EC Working Time Regulation, every two weeks drivers have 45 hours to rest. Trip Act authorizes funds for accommodation to be included in the cost of production, but I do not know about companies that paid them. Whether you in summer in Italy, where about 30 degree heat, or winter minus 20 degrees in Norway, the drivers spend 6 weeks in truck cabin. At the same time during rest they work for free as guards - by storing a car, and cargo.
When they return home they get 2 or 3 weeks of rest, which is often unpaid and everything start again. Paid leave is not granted, stay at home is filled as unpaid leave or absenteeism, resulting in shorter length of working history. Due to work nature all drivers at risk of occupational disease, but the social guarantees are be calculated solely on salary. Is this not ridiculous?

Under current law the trip filled by the order, but there is no regulation how the driver is informed about it. The employers using it by posting orders after the trips on the ground that they are difficult to predict where and how long the driver will work. Understandable that non-compliance of the trip can be adjusted, but the driver should be consulted before the trip and get a receipt copy of the order. Now, when drivers depart without a order, the employer can keep them on a business trip as long as they want. How to plan the driver's life? The question arises on what basis the driver transfer to another driver hundreds of thousands costing truck and cargo, if there is no order? How sometimes it turns out that the driver took himself technically unfixed truck with renewed tires, and they willingly breach the duty requirements driving in the EU?

It is often said that if the work is not worth to do it then leave the job. However, in economic prosperity with per diems, salary was more than 5 thousand. litas. Most of the drivers took the credits began to build houses or buy apartments. Now when return home finds the banks threats, then what they should do? If no liabilities to banks, in the current conditions drivers certainly would not go on the trip.

All Lithuanian economy today is based on the principle of the cartel. In the transport sector is particularly significant. Feudal carriers have agreed to work together that the driver-servant would not get more.

Businesses offer to tolerate overtime in the name of the company's economic stability, but do not want to pay more for overtime. Someone is trying to compare economic crisis to martial law by claiming that the labor laws violation can be tolerated in the name of business future existence.

I think that the greatest asset is the employee and the company, unable to develop the business by acting in accordance with existing laws, should go bankrupt, and the Government, that not protecting of its citizens, must fail.
The transport company is a gold mine for entrepreneurs: with the accession to the European Union can employ drivers from third countries, to pay them Lithuanian minimum wage, while charging the European freight rates in the EU. Drivers from the East not require a visa to travel to all the NIS countries, they do not know Lithuanian laws, the Labor Code, etc. We will not find these legal acts in Russian. This is used by employers. It is therefore possible to reduce the money for all kinds of things. Although under the laws of Lithuania, they must be paid at least the same salary as working citizens of Lithuania, the recruitment controlling labor exchange office allows employment contract, which provides not less than the minimum monthly salary, while the transport industry statistical average salary in August 2009 was 2193 litas. Currently - maybe 2 thousand litas.
It is understood that the State Employment Agency should ensure that law enforcement, by registering contracts.
Suggestions to the Labour Exchanges representatives:

1. When is asked to extend a work visa, to check according to their contribution to "Sodra" (social security) whether the driver from third-country was paid according to the statistical average. If the payments were less, to withhold their consent.
2. When asked for the permission to work for the new driver, representative should check the amounts paid in taxes to "Sodra". If they are significantly lower than the statistical average at the time, to withhold their consent.
3. Should be noted that employers make fraud with per diems. The daily allowance is established by the Government and intended to compensate the cost of meals. The daily allowance cannot be added to the salary, because they are not taxed. For the calculation and payment of it do not apply to existing salary arrangements.
4. One of the reasons to refuse to permit the foreign employees could be company debts to workers, unpaid salaries and per diem. Statement should be provided by undertaking and confirmed by workers' representatives.
5. Another reason to refuse to permit the foreign employees could be if the company fails to comply with laws or collective agreements. This information can be obtained from the State Labor Inspectorate and the trade unions.

6. In job ads and in job fairs companies openly stated that will be paid for mileage driven, and often force to violate labor and rest periods. It must checked by the National Transport Inspectorate.
7. The company’s psycho-ergonomic assessment must be made.
8. Attention is to be made to the fact that companies looking for international transport drivers, formalize the contract with drivers as freight forwarders.
Job opportunities with a decision on the granting of work permits to aliens, must take into account labor market needs. Drivers' lack of work in Lithuania are available, and the guise of work permit to work in Lithuania EU territory. In assessing the needs of workers should be given to trade union representatives at the labor exchange views.

The Labor Exchange making a decision to permit foreign worker to work, has to look into the needs of labor market. There is no lack of drivers in Lithuania, but with the driver permit to work in Lithuania operate in the whole EU territory. Evaluating needs for workers must take into account the opinion of trade unionists to the Labor Exchange.

<< back