T. Gudžiauskas shared a post on the social network, which he allowed to be shared as well 15min.
In it, he writes that the company allegedly uses illegal labor, assigning work functions and creating subordination, which cannot be refused, although the persons performing the activity work according to the certificate of individual activity, as a result of which an employment relationship is created for which no payment is made.
“Concreteness of the situation: personal trainers (~240 persons) work in Gym Plus sports clubs, who pay the sports club for rent according to the contract, while working and paying taxes according to the individual activity certificate. However, the sports club (“Gym Plus”), regardless of that fact, has assigned them functions that every personal trainer must perform. Subordination is created, coaches cannot disobey, otherwise, their contracts will be terminated and they will no longer be able to carry out their activities in that club. (This is a big loss for the coach because he loses the clients he works with).
Functions that personal trainers are required to carry out: maintenance and management of the order of sports clubs, registration of equipment or facility malfunctions, conducting introductory training free of charge, participation in meetings, on-call during which assigned trainers on a rotating basis must be available live or by phone to solve problems that arise at the time . There is no reward for all of this. The company operates according to a mechanism that allows them to employ specialists without paying them a salary, thus without paying taxes and using their workforce without observing fair labor relations,” said T. Gudžiuskas.
“Gym Plus”: the contracts do not contain functions that could be associated with employment relations
Mantas Badikonis, director of “Gym Plus”. 15min said that the club’s relations with coaches are implemented in compliance with all legal requirements.
“Each trainer who provides services to his clients in the premises of Gym Plius has concluded a premises lease agreement with Gym Plius and operates according to an individual activity certificate. This is common practice in all sports club chains. According to the mentioned contract, the personal trainer rents the place of performance of the activity. In the same contract, the coach, as a lessee, undertakes certain obligations aimed at maintaining the adequate condition of the lessor’s premises (by the way, such an obligation is also established in legal acts). The same principle applies to, let’s say, renting premises from shopping or business centers – the tenants must comply with the rules set by the landlord, for example, align signs, apply promotions on certain days or prevent their employees from smoking in non-designated areas”, compared M. Badikonis.
Gymplius photo/Gym plus
According to her, the lease agreements applied by “Gym Plus” do not contain any functions that could be associated with labor relations.
Gym Plius strives to provide its customers with services that meet the highest standards, therefore it constantly invests in premises and equipment, and recently opened three new sports clubs. In order to be able to offer visitors modern sports clubs that make sense of the latest sports trends, requirements are also imposed on tenants.
The contract with the tenant can be terminated, but only in accordance with the legal norms and the grounds for termination provided for in the contract itself,” he said.
We did the research
State Labor Inspectorate (VDI) communication specialist Raimonda Keburė 15min said that the inspectorate has received complaints about this company and has started an investigation, so for now it cannot comment further on the circumstances of the investigation.
“And the Labor Disputes Commission in 2023 had received one wage dispute with this company. The dispute has been resolved by a peace agreement”, informed R. Keburė.
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Interview with T. Gudžiauskas: Allegations Against Gym Plus and the Labor Rights of Personal Trainers
Editor: Thank you for joining us today, T. Gudžiauskas. There’s been quite a buzz since your recent post regarding Gym Plus and their treatment of personal trainers. Can you summarize the key issues that you raised?
T. Gudžiauskas: Thank you for having me. The core issue is that around 240 personal trainers at Gym Plus are effectively working under conditions that resemble employment relationships, despite technically operating as independent contractors. While they pay rent to the gym and handle their taxes through an individual activity certificate, Gym Plus exerts control over their activities, creating a form of subordination. Trainers must perform specific tasks like maintaining the gym’s order, addressing equipment malfunctions, and participating in meetings, all without additional compensation.
Editor: That sounds quite serious. What impact does this have on the trainers, particularly in terms of their livelihoods?
T. Gudžiauskas: It’s detrimental. If trainers refuse to comply with the requirements set by Gym Plus, they risk having their contracts terminated. This could lead to significant financial losses since they could lose their clients, which is why many feel compelled to adhere to these unfair demands.
Editor: Gym Plus has responded, stating that their relationship with trainers complies with legal requirements, and that trainers are simply renting space and must follow standard rules. What are your thoughts on this?
T. Gudžiauskas: While it’s true that they rent space, the nature of the obligations imposed by the gym goes beyond typical landlord-tenant relations. When a business dictates the day-to-day functions of an individual providing services, it blurs the line between a contractual relationship and an employment relationship. The pressure to comply to maintain their client base cannot be overlooked.
Editor: So, you believe that the structure at Gym Plus is exploiting a loophole in labor laws?
T. Gudžiauskas: Exactly. The current arrangement allows Gym Plus to benefit from the labor of these trainers without fulfilling their responsibilities as employers—namely, providing proper remuneration and benefits. This undermines fair labor standards and puts personal trainers in a vulnerable position.
Editor: What steps do you think personal trainers should take in light of this situation?
T. Gudžiauskas: It’s crucial for them to come together, raise awareness, and consider seeking legal advice. They should evaluate their contracts and understand their rights. It’s important they advocate for fair treatment and work conditions.
Editor: Thank you, T. Gudžiauskas, for shedding light on this important matter. We’ll be watching how this situation develops further.
T. Gudžiauskas: Thank you for having me. It’s vital that we keep this conversation going for the sake of all affected trainers.
Der, it crosses the line into employment territory. The trainers are unable to operate independently, which is the hallmark of being a genuine self-employed individual. Their lack of control over their work circumstances is what raises significant concerns about fair labor practices.
Editor: You mentioned that the State Labor Inspectorate has begun an investigation into this issue. What do you hope will come from this investigation?
T. Gudžiauskas: I hope that the investigation will shed light on the questionable practices at Gym Plus and lead to necessary changes. It’s crucial that the rights of these trainers are protected, and that they receive fair compensation for their work. Additionally, I hope that the findings encourage other companies to reevaluate their employment practices and adhere to labor laws, fostering a healthier environment not just for personal trainers, but for all workers.
Editor: Given the current situation, what advice would you give to personal trainers or independent contractors who might find themselves in similar circumstances?
T. Gudžiauskas: My advice would be to document everything; keep records of your work, the tasks you’re assigned, and any communications with the management. Knowledge of your rights is essential, and I would encourage my colleagues to consult with legal experts or labor rights organizations if they feel their conditions are unfair. Speaking out, as I have done, is also important—it raises awareness and can lead to collective action for change.
Editor: Thank you, T. Gudžiauskas, for sharing your insights and shedding light on this important issue. We look forward to hearing more about the outcome of the investigation and any developments regarding these labor practices.
T. Gudžiauskas: Thank you for having me. I appreciate the opportunity to discuss this topic, and I hope for a positive resolution that protects the rights of all personal trainers.
