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Issue of certificate on termination of employment contract, service no. 06   2021-09-14

APPROVED
By the Order No. EV-119 of 20 July 2017
of the Chief State Labour Inspector of the Republic of Lithuania
(Edition of the Order No. EV-314 of 17 November 2020 of the Chief State Labour Inspector of the Republic of Lithuania)

 

DIVISION OF LABOUR LAW OF THE STATE LABOUR INSPECTORATE
UNDER THE MINISTRY OF SOCIAL SECURITY AND LABOUR
OF THE REPUBLIC OF LITHUANIA

 

DESCRIPTION OF ADMINISTRATIVE SERVICE PROVISION

ISSUE OF CERTIFICATE ON TERMINATION OF EMPLOYMENT CONTRACT,
SERVICE No. 06

 

No.

Title

Description of the content

1.

Administrative service code

06

2.

Administrative service version

The 4th version of the description of the provision of administrative services

3.

Name of the administrative service

Issue of Certificate on Termination of Employment Contract, service No. 06

4.

Description of the administrative service

4.1. In accordance with the Order No. A1-340 of 29 June 2017 of the Minister of Social Security and Labour of the Republic of Lithuania “Regarding Approval of the Description of the Procedure for Termination of Employment Contract when the Whereabouts of the Employer (if the Employer is a Natural Person) or of the Employer’s Representatives Cannot Be Established or When the Employer is Deceased (if the Employer is a Natural Person)”, an employee wishing to terminate the employment contract entered into with an employer whose whereabouts are unknown or when an employer (if the employer is a natural person) is deceased must submit a written application to the State Labour Inspectorate of the Republic of Lithuania regarding termination of the employment contract in accordance with Article 53(6) or Article 65(9) of the Labour Code.
4.2. If the whereabouts of an employer cannot be established or if the employer (if the employer is a natural person) is deceased, the Inspector of the State Labour Inspectorate of the Republic of Lithuania (hereinafter referred to as the SLI) shall issue a certificate in the form approved by the order of the Chief State Labour Inspector to the employee, which shall declare the termination of the employment contract in accordance with Article 53(6) or Article 65(9) of the Labour Code of the Republic of Lithuania.

5.

Legislation governing the provision of administrative services

5.1. Article 53(5–6) and Article 65(9) of the Labour Code of the Republic of Lithuania (hereinafter referred as the Labour Code).
5.2. Order No. EV-95 of 30 June 2017 of the Minister of Social Security and Labour of the Republic of Lithuania “Regarding Approval of the Description of the Procedure for Termination of Employment Contract when the Whereabouts of the Employer (if the Employer is a Natural Person) or of the Employer’s Representatives Cannot Be Established or When the Employer is Deceased (if the Employer is a Natural Person)”.
5.3. Order No. A1-340 of 29 June 2017 of the Chief State Labour Inspector of the Republic of Lithuania “Regarding Approval of the Description of the Procedure for Termination of Employment Contract when the Whereabouts of the Employer (if the Employer is a Natural Person) or of the Employer’s Representatives Cannot Be Established or When the Employer is Deceased (if the Employer is a Natural Person); Form VDI-DSPP-17 of Certificate on Termination of Employment Relationship, and Form VDI-DSPS-17 of Application to Establish the Fact of Termination of Employment Relationship”.

6.

Information and documents to be provided by the person

An employee wishing to terminate the employment contract entered into with an employer whose whereabouts are unknown or when an employer (if the employer is a natural person) is deceased is required to submit to the SLI by post, via a courier (to any territorial division of the SLI or the SLI Administration), by electronic means (with confirmation by electronic signature) (info@vdi.lt) or directly (to any territorial division of the SLI or the SLI Administration) a written application for termination of the employment contract in accordance with Article 53(6) or Article 65(9) of the Labour Code; an application sample form is available on the SLI website www.vdi.lt (heading “Termination of Employment Contract”).

7.

Information and documents to be provided by the service provider

An employee’s application and any annexes to it (for example, a copy of the employment contract if the application is made by the employee’s representative, a document certifying representation, etc.)

8.

Administrative service provider

Inspectors of the territorial divisions of the SLI

9.

Administrative Service Manager

Head of the Labour Law Division of the SLI:
Šarūnas Orlavičius tel. (1289) (8 5) 239 7247 e-mail: sarunas.orlavicius@vdi.lt

10.

Duration of the administrative service

10.1. Ten working days after receipt of an application and upon failure to establish the whereabouts of the employer, a SLI inspector shall issue on the next working day (if the employee or his/her representative applications so) or shall send by post (to the address of residence specified in the application) a certificate in the form approved by the order of the Chief State Labour Inspector stating the termination of the employment contract in accordance with Article 53(6) of the Labour Code.
A certificate may be issued within a period of less than 10 working days if an investigation had already been carried out and it has been established that the whereabouts of the employer (if the employer is a natural person) or the employer’s representatives cannot be established and no more than 3 months have passed since then.
10.2. Five working days after receipt of an application on termination of an employment contract when the employer is deceased, a SLI inspector shall issue on the next working day (if the employee or his/her representative applications so) or shall send by post (to the address of residence specified in the application) a certificate in the form approved by the order of the Chief State Labour Inspector stating the termination of the employment contract in accordance with Article 53(5) of the Labour Code.

11

Price of provision of administrative service (if the service is provided for a fee)

The service is free of charge.

12.

Application and notification form, content

12.1. A sample form of a written application for termination of an employment contract in accordance with Article 53(6) or Article 65(9) of the Labour Code is available on the SLI website www.vdi.lt (heading “Termination of Employment Contract”).
12.2. The application must be signed by the employee and must indicate the employee’s name, surname, address of the place of residence and the name and surname of the employer (if the employer is a natural person), place of residence (if known to the employee) or the title of the employer, registered office address (if known to the employee), a short description of the situation (date of conclusion of the employment contract, position held, profession, since when the salary was not paid, whether an attempt was made to find the employer and how, since when attempts to find the employer were made, whether assistance was sought from other public authorities, possible location of the employer and other relevant information). Contact details provided in the application – telephone number or e-mail address – are optional.
If the request is made by the employee’s representative, the name, surname address, address of the place of residence of the representative and the applicant on whose behalf he/she is applying must be indicated.

13.

Information and communication technologies used in the provision of administrative services

2nd degree of information maturity of transfer of administrative services to the Internet. Information about the administrative service is available on the SLI website under the heading “Services” (“Service Provision Descriptions”). An application or notification may be submitted by electronic means.

14.

Peculiarities of administrative service provision

A SLI inspector, on the day of issuing the certificate to an employee, shall remove the information about the inspection from the website and within 2 working days from the date of issuing the certificate to the employee shall inform the State Social Insurance Fund Board under the Ministry of Social Security and Labour providing a copy of the certificate.

15.

Inclusion of descriptions of the provision of administrative services in the accounting of documents

Register of outgoing documents No. DSPP-XX-