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Decision to include a company or no on a list of temporary employment establishments, annual verification of compliance with certain criteria and adoption of decision, service No. 10   2021-09-14

APPROVED
By the Order No. EV-38 of 14 February 2019
of the Chief State Labour Inspector of the Republic of Lithuania
(Edition of the Order No. EV-305 of 6 February 2020 of the Chief State Labour Inspector of the Republic of Lithuania)

 

DIVISION OF SUPERVISION OF ILLEGAL ACTIVITIES
OF THE STATE LABOUR INSPECTORATE
UNDER THE MINISTRY OF SOCIAL SECURITY AND LABOUR
OF THE REPUBLIC OF LITHUANIA

DESCRIPTION OF ADMINISTRATIVE SERVICE PROVISION

DECISION TO INCLUDE A COMPANY OR NO ON A LIST OF TEMPORARY EMPLOYMENT ESTABLISHMENTS, ANNUAL VERIFICATION OF COMPLIANCE WITH CERTAIN CRITERIA AND ADOPTION OF DECISION No. 10

 

No.

Title

Description of the content

1.

Administrative service code

10

2.

Administrative service version

The second version of the description of the provision of administrative services

3.

Name of the administrative service

Decision to include a company or no on a list of temporary employment establishments, annual verification of compliance with certain criteria and adoption of decision No. 10

4.

Description of the administrative service

4.1. An employer who intends to carry out temporary employment activities must submit a request to include the company to the List of Temporary Employment Establishments (hereinafter - the List) made by the State Labour Inspectorate under the Ministry of Social Security and Labour of the Republic of Lithuania (hereinafter referred to as the SLI), the request must be prepared in accordance with the procedure set forth in the Description of the Procedure on Establishment of Conformity to the Criteria for Temporary Employment Establishments to be met by a Temporary Employment Establishment Approved by the Resolution No. 151 of 12 February 2018 of Government of the Republic of Lithuania Regarding the Amendment of the Resolution No. 496 of 21 June 2017 of the Government of the Republic of Lithuania “Regarding the Amendment of the Labour Code of the Republic of Lithuania” (Edition of the Resolution No. 843 of 29 July 2020 of the Government of the Republic of Lithuania, and must state that the company meets the criteria provided for in Article 721(1) of the Labour Code of the Republic of Lithuania which are to be met by a temporary employment establishment (hereinafter referred to as the Criteria). An employer who intends to carry out temporary employment activities must submit a free-form application to the SLI by electronic means, fax, post, via a courier or at the SDL territorial branch or administration. In the application, the employer must indicate the name and code of the legal person, registered office and business address, contact details (telephone number and e-mail address) and the address of its website (if any) and, if in case of changes thereof, notify the SLI within 3 business days.
4.2. The SLI shall check whether the employer meets the Criteria and, within 10 business days from the date of receipt of the application, shall make a decision on whether the employer who intends to carry out temporary employment activities meets the Criteria or no. The SLI shall inform the employer about the decision adopted in writing, as well as shall enter it in the List compiled by the SLI, which is published on the SLI website www.vdi.lt (heading “Temporary employment”).
4.3. An employer who has been recognized as meeting the Criteria and included in the List shall submit a free-form notification by electronic means, fax, post, via a courier or at the SDL territorial branch or administration by the 15th of July of each calendar year indicating that the employer met the Criteria on the day of notification and intends to continue temporary employment activities:
4.3.1. The SLI shall check whether the employer meets the Criteria and within 10 business days from the date of receipt of the notification shall adopt a decision on whether the employer meets the Criteria or no;
4.3.2. If the employer does not meet the Criteria, the SLI shall set a deadline of 5 business days for the employer to eliminate the identified deficiencies and inform the contact person specified in the employer’s application by e-mail or telephone;
4.3.3. The employer shall provide information on the remedied deficiencies to the service provider by e-mail;
4.3.4. If the employer fails to eliminate the deficiencies, the SLI shall, within 5 business days, adopt a decision that the employer does not meet the Criteria and inform thereof in writing, stating the reasons for such decision, as well as remove the employer from the List.

5.

Legislation governing the provision of administrative services

5.1. 72(2) of the Labour Code of the Republic of Lithuania (hereinafter referred as the Labour Code).
5.2. Article 721 of the Labour Code of the Republic of Lithuania.
5.3. Resolution No. 151 of 12 February 2018 of Government of the Republic of Lithuania Regarding the Amendment of the Resolution No. 496 of 21 June 2017 of the Government of the Republic of Lithuania “Regarding the Amendment of the Labour Code of the Republic of Lithuania” (Edition of the Resolution No. 843 of 29 July 2020 of the Government of the Republic of Lithuania.

6.

Information and documents to be provided by the person

An employer may submit free-form applications and notifications by post, fax, via courier, by electronic means (confirmed by electronic signature (info@vdi.lt)) or directly to any territorial division of the SLI or the SLI administration.

7.

Information and documents to be provided by the service provider

An employer’s request or notification. Details of the employer (name, code, registration and registered office address) and data from the Register of Legal Entities. In order to determine whether the employer meets the Criteria: data from the Department of Informatics and Communications under the Ministry of the Interior of the Republic of Lithuania, the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania, the State Social Insurance Fund Board under the Ministry of Social Security and Labour, the Register of Administrative Offenses and the SLI information system.

8.

Administrative service provider

SLI Division of Supervision of Illegal Activities:
Nijolė Cilciūtė – Chief Specialist, tel. 85 213 9768; e-mail. nijole.cilciute@vdi.lt.
Aras Petrevičius – advisor, tel. 85 213 9768; e-mail. aras.petrevicius@vdi.lt.

9.

Administrative Service Manager

Birutė Macijauskienė, SLI Division of Supervision of Illegal Activities,
tel. 85 213 9768; e-mail birute.macijauskiene@vdi.lt.

10.

Recipient of the service

A legal person.

11.

Duration of the administrative service

The decision shall be adopted within 10 business days from the date of receipt of the application or notification and the employer shall be informed about the decision in writing (by electronic means, a copy of the electronic document) no later than within 5 business days from the date of the decision.
The employer shall be notified in writing of the decision that the employer does not meet the Criteria having failed to eliminate the deficiencies within 5 days not later than within 5 business days from the date of the decision.

12

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

The service is free of charge.

13.

Application and notification form, content

The application or notification must include an employer’s name, code, registration and registered office address, contact details (name, surname, contact telephone number, e-mail address), website address (if available). The application or notification shall be signed by the manager of the employer, or a person authorized by him/her.

14.

Information and communication technologies used in the provision of administrative services

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

15.

Peculiarities of administrative service provision

The administrative service provided is final.

16.

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

The decision (a letter is to be sent) shall be recorded and stored in the relevant file according to the documentation plan.