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Posting of workers NEW from 30/07/2020   2020-08-10

Terms and conditions of employment are regulated by laws- Labour Code of the Republic of Lithuania and Law on  Occupational Safety and Work. In Lithuania there are no universally applicable collective agreements.

Changes in the field of posting of employees to the territory of the Republic of Lithuania, which will take effect from 30/07/2020

In the field of working conditions applicable to posted workers (Article 108 of the Labour Code):

- remuneration - setting mandatory rates which will be applied (instead of the previously applied minimum wage); equal remuneration shall be paid for the same or equal work;
- two new conditions will be introduced, which will apply to posted workers, provided that those conditions will apply to local workers: accommodation of workers when provided by the employer to workers outside their permanent workplaces and reimbursement of expenses when travelling to and from the main place of work in the Republic of Lithuania, as well as going on business trips in the Republic of Lithuania and abroad (not for the purpose of providing services);
- daily allowance must be clearly separated from the actual travel, accommodation and meal expenses in order to be included in the remuneration;
- new provisions for long-term postings. If the posting lasts longer than twelve (12) months, all provisions of regulatory legal acts of the Republic of Lithuania regulating labour relations shall apply, including national (cross-sectoral), territorial and sectoral (industry, services, professional) collective agreements or separate provisions thereof, the application of which has been extended, but excluding provisions related to the conditions for concluding and terminating the employment contract as well as arrangements and terms of non-compete agreements. An extension of twelve (12) months will be possible if the employer submits to the State Labour Inspectorate (SLI) an electronic motivated notification. However, such extension shall not exceed eighteen (18) months of the effective duration of the employee's posting. If a posted employee is replaced by another posted employee performing the same work at the same place of work, the overall duration of the posting will comprise the periods of posting of the respective individual workers. The effective duration of the posting will start counting from 30/07/2020. Periods of postings prior to 30/07/2020 will not be included in the total duration of the effective posting;
- posted temporary workers. In order to ensure the application of the non-discrimination principle, the temporary work user enterprise will be obliged to inform his or her temporary-work agency about his or her working conditions and remuneration as far as Article 75 of the Labour Code is concerned (protection of pregnant employees, employees who have recently given birth, breastfeeding employees, employees raising children under the age of three, and persons under eighteen years of age; non-discrimination; maximum working time and minimum rest time; duration of overtime, night shift breaks, vacations and public holiday leave; remuneration);
- provisions of double posting. If a temporary worker posted to the Republic of Lithuania is additionally sent to another country for the benefit of the temporary work user enterprise, it will be considered that the temporary-work agency posted the worker to that other country. In addition, the temporary work user enterprise will be obliged to notify the temporary-work agency about the temporary worker's work in another country before the start of the said work;
- posted drivers performing international transportation of goods and/or passengers will continue to be subject to (temporarily) minimum wage requirements. New provisions on employee accommodation and reimbursement of expenses as well as provisions regarding postings longer than twelve (12) months shall not apply to these drivers.

Notifications to SLI about an employee posted to the Republic of Lithuania

The procedure for submitting a notification of an employer under the jurisdiction of a foreign country about an employee posted to the Republic of Lithuania has been changed. From 30/07/2020, the notification about the posted employee shall only be submitted to the SLI electronically by filling in the notification form on the SLI website. The notification shall be submitted at least before the employee starts working in the Republic of Lithuania and the employer under the jurisdiction of a foreign country will be able to fill out and submit it in English.

Articles 108 and 109 of the Labour Code

Notification on the posting of an employee

Reasoned notification on the extension of the period provided for in article 108(4) of the labour code of the republic of Lithuania

New procedures for posting employees to Lithuania

Working conditions, non-discrimination and posting of temporary workers

During periods of temporary employment, the temporary work user enterprise must ensurethat employees posted in the Republic of Lithuania as temporary workers are subject to the same legal provisions, collective agreements (i.e. not only provisions of broader national (interindustry), territorial and industrial (production, service, professional) collective agreements, but also provisions of employer level collective agreements) and other provisions of labour law that apply to the regular staff of the temporary work user enterprise and are observed in the workplace related to:

  • Protection offered to pregnant, who recently gave birth and breastfeeding workers; workers raising children under three (3) years of age; and workers under 18 years of age.
  • Discrimination is prohibited on the grounds of gender, sexual orientation, race, nationality, language, origin, citizenship and social status, faith, family status, intentions to have children, beliefs or creed, membership in political parties and associations, and age.
  • Maximum working time and minimum rest time, overtime, night-shift breaks, duration of annual leave and public holidays.

The temporary-work agency must ensure that the remuneration of temporary workers for work at the temporary work user enterprise should be no lower than remuneration that would have been paid to them if the temporary work user enterprise had employed the temporary worker under an employment contract for the same job, except where temporary workers working under a temporary employment contract with an indefinite term receive remuneration from the temporary-work agency between assignments, and the amount of that remuneration between assignments is the same as during the assignments. The employing undertaking bears auxiliary responsibility for fulfilling the duty to pay the temporary agency worker for work performed for the temporary work user enterprise that is at least as much as the remuneration paid if the temporary work user enterprise  had hired the temporary worker under an employment contract at the same workplace. As part of fulfilling this duty as requested by the temporary-work agency, the temporary work user enterprise is required to submit information on the remuneration paid to the workers of specific categories working at the temporary work user enterprise.
The temporary workers shall be entitled to the use of the temporary work user enterprise's infrastructure intended for work, rest and meeting the needs of the employees (rest areas, dining room, child care and transportation services, etc.) under the same conditions as the regular staff of the temporary work user enterprise, with the exception of cases when different conditions are justified due to objective reasons.

The temporary work user enterprise must notify the temporary-work agency about the above working conditions and remuneration.

Additional posting of a temporary worker in another country
The temporary work user enterprise must notify the temporary-work agency before the start of scheduled work in another country, if a temporary worker posted in the Republic of Lithuania will be posted in another country for the purpose of provision services of the undertaking. In which case, it shall be deemed that the temporary-work agency has posted such worker on the territory of another country.

Posted third-country nationals

If a posted worker is a third-country national, they must possess a valid work permit. A company accepting a posted worker must file an application for a work permit with an employment service and submit the following documents:

  • A valid copy of the travel document of the third-country national.
  • A certified copy of a service provision or work performance agreement between a company in the Republic of Lithuania and the posting company. Along with the essential terms and conditions, the service provision or work performance agreement must include conditions ensuring guarantees for posted workers under Article 108 of the Labour Code and individually specify the remuneration to the worker and working hours during their mission in the Republic of Lithuania.
  • A certified copy of the registration certificate of the posting company or an extract from the other country's register.
  • A certified copy of an employment agreement between the third-country national and the posting company.
  • A document issued by a competent authority in the country of the posted employee confirming that the third-country national has been employed at the posting company for at least the past three (3) months and has had social insurance coverage in that country, also confirming the posting company's obligation to keep this social insurance active in that country over the period of the mission in the Republic of Lithuania. If the competent authority of the other country does not provide a document about the person's social security, the following is required: a statement from the posting company confirming that the third-country national has been employed and has had social insurance for at least three (3) months, and a document from a competent authority of the other country confirming that the posting company has no arrears in national social security tax.
  • Information from the posting company about the qualifications of the third-country national.
  • A copy of a payment order or receipt proving that a fee set by the Government of the Republic of Lithuania was paid for the issuing of a work permit.
  • A certificate about effective administrative penalties.

These documents shall be reviewed and a decision on issuing a work permit shall be made within seven (7) work days.

Documents from other countries must be validated following an established procedure or by apostille, unless otherwise stipulated by the law. The Lithuanian translation of documents drafted in foreign languages must be signed by the translator. Copies of documents must be signed and stamped, if applicable, by the supervisor of the employer or their authorised person.

A posted third-country national shall be issued a work permit for a period provided for in the service provision or work performance agreement concluded between a company in the Republic of Lithuania and a company posting the worker, and in any case for no longer than one (1) year. During that time, the worker must have an effective employment contract with the sending company. A third-country national may be re-posted for temporary work in the Republic of Lithuania if more than three (3) months have passed since the expiry of an earlier work permit.

In addition to a valid work permit, a third-country national must possess a valid national D visa for the duration of the posting.

A posted third-country national may not be employed by any other employer or provide services/carry out activities not specified in their work permit.

Long-term postings and provision of reasoned statement

If the actual duration of the posting exceeds 12 months, a posted worker shall be subject to all provisions of the Labour Code of the Republic of Lithuania and other legislation of the Republic of Lithuania regulating employment relations, including national (interindustry), territorial and industrial (production, service, professional) collective agreements or their individual provisions with extended application, with the exception of provisions on the terms and conditions of the conclusion and termination of contracts and non-competition agreements.
When a posted worker is replaced by another posted worker carrying out the same work at the same place of work, the above calculated posting duration shall be deemed the duration of the postings of the respective individual posted workers. The condition of the same work carried out at the same place of work shall be assessed with regard to the nature of the provided service, work function, physical address(es) where the work is to be carried out and other circumstances related to the performance of the work.
The calculation of the actual duration of the posting shall start from 30 July 2020, and any posting periods before 30 July 2020 shall not be included in the total duration of the actual posting.
An employer under the jurisdiction of a foreign country may be able to extend the above duration of an actual posting (in which not all working conditions shall apply to the posted worker, but only those provided for in Article 108(2) of the Labour Code of the Republic of Lithuania) by submitting a reasoned statement to the State Labour Inspectorate; in any case, such an extension may not exceed a period of 18 months. A reasoned statement shall be submitted electronically, by completing a ‘Reasoned statement concerning the extension of the period provided for in Article 108(4) of the Labour Code of the Republic of Lithuania’ form in Lithuanian and English on the website of the State Labour Inspectorate. This statement form must include information about an employer who posted a worker, information about the posted worker, the specific period for extension of the actual duration of the posting and the specific reasons for extension. The reasoned statement must be submitted before the actual duration of the posting exceeds 12 months. If the reasoned statement is submitted after this period has passed, the period provided in Article 108(4) of the Labour Code of the Republic of Lithuania shall be deemed not extended.

The procedure for submission of the reasoned statement concerning the extension of the period provided for in Article 108(4) of the Labour Code of the Republic of Lithuania to the State Labour Inspectorate shall be established in the Description of information about the posted workers and the procedure for submission of the reasoned statement concerning the extension of the period provided for in Article 108(4) of the Labour Code of the Republic of Lithuania approved by Order No. A1-169 of 16 June 2005 of the Minister of Social Security of Labour of the Republic of Lithuania (revised edition of Order No. A1-633 of 3 July 2020 of the Minister of Social Security of Labour of the Republic of Lithuania).

Additional terms and conditions of employment contracts applicable to postings of over 12 or 18 months (when a period provided for in Article 108(4) of the Labour Code was extended)

If the duration of the posting exceeds 12 months (or 18 months, if extended), posted workers shall be subject to all the provisions of the Labour Code of the Republic of Lithuania and other legislation of the Republic of Lithuania regulating employment relations, including national (interindustry), territorial and industrial (production, service, professional) collective bargaining agreements or their individual provisions with extended application, with the exception of provisions on the terms and conditions of the conclusion and termination of contracts and non-competition agreements.
At present, there are no national (interindustry), territorial and industrial (production, service, professional) collective agreements or related individual provisions which have been extended.

Additional applicable provisions of the Labour Code of the Republic of Lithuania and other legislation of the Republic of Lithuania regulating employment relations on:

  • Respect for the Employee’s Family Obligations (Art. 28 of the Labour Code).
  • Respect for the Employee’s Pursuit of Professional Development  (Art. 29 of the Labour Code).
  • Protection of Material and Non-Material Interests  (Art. 31 of the Labour Code).
  • Part-time work (Art. 40 of the Labour Code).
  • Idle time (Art. 47 of the Labour Code).
  • Remote work (Art. 52 of the Labour Code).
  • Special leave (maternity, paternity, child care, learning, creative, unpaid) (Art. 131-137 of the Labour Code).
  • Unpaid free time (Art. 137(3) of the Labour Code).
  • Additional leave (Art. 138(2) of the Labour Code).
  • Extended leave (Art. 138(1) of the Labour Code).
  • Additional rest time for employees raising children (Art. 138(3)-(4) of the Labour Code).
  • Compensation for damages (Art. 151-157 of the Labour Code).
  • Other statutory working conditions applicable within the Republic of Lithuania (with exception of provisions on the terms and conditions of the conclusion and termination of contracts and non-competition agreements).

For the above provisions, follow the link to the Labour Code.
https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/676587f2cf1911e9a56df936f065a619?positionInSearchResults=1&searchModelUUID=cdf1864a-bf12-4587-ac6e-9b5dfadc4990

Additional leave

Additional leave shall be granted:

  • For long-term continuous employment at the same workplace: three (3) work days to employees with over 10 years of continuous service at the same workplace and one (1) work day for every subsequent 5 years of continuous service at the same workplace. The long-term continuous service at the same workplace subject to additional leave shall include the actual time worked at the same workplace and other periods provided for in Article 127(4) of the Labour Code.
  • For work under conditions in which there are deviations from normal working conditions and such deviations cannot be avoided: for employees working under tolerable professional risk conditions (i.e. a risk that can be tolerated when risk prevention measures are implemented to reduce the risk to a practicable minimum level, i.e. a level where it can be demonstrated that the costs of further risk reduction (expressed as time costs, monetary value and/or scope of work) would be disproportionate in comparison to the attainable benefit). This is based on the results of an evaluation of professional risks carried out in accordance with ‘The regulations for the evaluation of professional risks’ approved by the Minister of Social Security and Labour. When the values of the hazardous factors are in excess of the permitted thresholds (amounts) specified in the legislation on occupational health and safety and when it is not possible to reduce those amounts to safe levels, up to five (5) work days calculated according to (in proportion to) the total number of hours worked in such an environment in the current year for which additional leave may be granted: five (5) work days are granted if 81-100% of time was worked in such an environment; four (4) work days for 61-80%; three (3) work days for 41-60%; two (2) work days for 21-40%; and one (1) work day for up to 20%.
  • For work of an extraordinary nature – two (2) work days for workers doing work (at least half of the total annual working time, subject to annual leave) on the move or while travelling, outdoors or related to driving.

For workers entitled to additional leave on various different grounds, one of the following additional types of leave of their choice shall be granted along with the annual leave.
Additional leave shall be added to the annual leave, as per the parties’ agreement, and may be granted together or separately. If there is no agreement, all the leave shall be granted together.
Workers entitled to extended and additional leave shall be granted, at their choice, either to extended or additional leave added to the annual leave.

Extended leave

The list of categories of workers entitled to extended leave and the duration of specific extended leave for each worker category:

  • Teachers working in general education, formal vocational training and informal educational curricula; support staff working at educational institutions providing psychological, special educational and social education support, other educational specialists working at schools, psychological and educational services, foster-care institutions and care centres for infants with developmental disabilities are entitled to extended leave of 40 work days (for a 5-day week) or 48 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted an extended leave of 8 weeks.
  • Employees in research and educational institutions (chief researchers, senior researchers, researchers, assistant researchers) are entitled to extended leave of 40 work days (for a 5-day week) or 48 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted an extended leave of 8 weeks.
  • Creative staff in professional performing arts institutions are entitled to extended leave of 30 work days (for a 5-day week) or 36 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 6 weeks.
  • Health care professionals: 1) providing health care services, staff working alongside them, directly serving patients or working under the same conditions, not specified below, are entitled to extended leave of 26 work days (for a 5-day week) or 31 work days (for a 6-day week). If the number of work days per week is lower or different, an employee must be granted extended leave of 5 weeks and one work day; 2) for providing urgent health care services, when that is their major function in their job description, they are entitled to extended leave of 27 work days (for a 5-day week) or 32 work days (for a 6-day week). If the number of work days per week is lower or different, an employee must be granted extended leave of 5 weeks and 2 work days; 3) when holding a mandatory licence for carrying out or taking part in surgical operations when this is their major function under their job description, they are entitled to extended leave of 28 work days (for a 5-day week) or 33 work days (for a 6-day week). If the number of work days per week is lower or different, an employee must be granted extended leave of 5 weeks and 3 work days; 4) when working in health care institutions with patients subject to involuntary hospitalisation, diagnostics or treatment, or in health care units or services of prisons, correctional facilities and detention facilities, they are entitled to extended leave of 28 work days (for a 5-day week) or 33 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks and 3 work days.
  • Psychologists working at social care institutions (except foster-care institutions), care centres for infants with developmental disabilities and social service workers working in residential social care institutions, congregated living facilities, community foster-care facilities, care centres for infants with developmental disabilities, are entitled to extended leave of 30 work days (when working a 5-day week) or 36 work days (when working a 6-day week). If the work week is shorter or different, a worker must be granted an extended leave of 6 weeks.
  • Pharmaceutical specialists whose job descriptions include one or more of the following activities: quality control (testing) of medicinal products and substances, production of medicinal products and substances, packaging of medicinal products and substances, dispensing (selling) medicinal products and substances at pharmacies, are entitled to an extended leave of 25 work days (for a 5-day week) or 30 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.
  • Social service workers working in prisons and detention facilities, educational institutions, outpatient social services for persons with mental disabilities, temporary living facilities, also social service workers working (as per their job description) with adults, families and persons with mental disabilities at social risk, and social service workers providing social services at home (as per their job description) – 25 work days (for a 5-day week) or 30 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.
  • Pilot instructors, chief navigator, navigator instructors, flight engineer instructors are entitled to an extended leave of 41 work days (for a 5-day week) or 50 work days (for a 6-day week), or 8-week extended leave (if the number of work days a week is lower or different), when the total flight time amounts to at least 210 hours per year.
  • Airplane captains, pilots, navigators, navigator instructors, flight engineers, flight operators, flight attendants are entitled to an extended leave of 41 work days (for a 5-day week) or 50 work days (for a 6-day week), or an 8-week extended leave (if the number of work days a week is lower or different), when the total flight time amounts to at least 350 hours per year.
  • Test pilots are entitled to extended leave of 41 work days (for a 5-day week) or 50 work days (for a 6-day week), or an 8-week extended leave (if the number of work days a week is lower or different), when the total flight time amounts to at least 120 hours per year.
  • Employees of the state enterprise ‘Oro navigacija’: 1) flight coordinators, senior flight coordinators are entitled to extended leave of 35 work days (for a 5-day week) or 41 work days (for a 6-day week), or a 7-week extended leave (if the number of work days a week is lower or different), when they have provided at least 500 hours of air navigation services a year; 2) flight coordinator instructors, shift managers of airport coordination centres are entitled to extended leave of 35 work days (for a 5-day week) or 41 work days (for a 6-day week), or a 7-week extended leave (if the number of work days a week is lower or different), when they have provided at least 150 hours of air navigation services a year.
  • seafarers working at ships registered with the Register of Seagoing Ships of the Republic of Lithuania are entitled to extended leave of 25 work days (for working 5 days per week) or 30 work days (for working 6 days per week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.
  • Contract workers in fishing vessels undertaking commercial fishing and other (special) fishing activities are entitled to extended leave of 25 work days (for working 5 days per week) or 30 work days (for working 6 days per week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.
  • Employees of the state enterprise Ignalina Nuclear Power Plant: 1) working in conditions of exposure to ionising radiation are entitled to extended leave of 25 work days (for working 5 days per week) or 30 work days (for working 6 days per week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks; 2) working in conditions of exposure to ionising radiation, for work or operations directly in the field of spent nuclear fuel, handling special high-level radioactive objects (removal from reactors, transportation, relocation, cutting, loading to containers) or high-risk radiation work at premises with Category 1 radiation safety rating (repair of high-level radioactive equipment, isolation, dismantling, sampling, preparation for performance control) are entitled to extended leave of 30 work days (for a 5-day week) or 36 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted an extended leave of 6 weeks.
  • workers directly involved in the handing of animal pathogens or performing bacteriological, virology, serology, haematological, anatomical pathological, parasitology, mycology, chemical, toxicity, biochemical, radiology, molecular testing related to animals are entitled to an extended leave of 25 work days (for a 5-day week) or 30 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.

Maximum Work Periods

Normal working time is 40 hours per week.
Average working time including overtime is 48 hours per week; maximum working time including overtime and additional work is 12 hours per day and 60 hours per week.
Maximum overtime – eight hours per week or 12 hours per week if the employee agrees; maximum annual overtime – 180 hours.

Minimum Rest Periods
Employees shall be granted a break of maximum two hours and minimum half an hour to rest and to eat. This break shall be provided, not later than after five working hours.
The duration of uninterrupted rest between working days/shifts may not be shorter than 11 consecutive hours.
An uninterrupted weekly rest period shall not be shorter than 35 hours

Minimum Paid Annual Holidays
Annual leave will be calculated in terms of working days.
Annul leave – 20 working days (for those who work five days per week), or 24 working days (for those who work six days per week).
Employees under the age of 18, employees who are single parents raising a child under the age of 14 or a disabled child under the age of 18, and disabled employees entitled to 25 working days (for those who work five days per week), or 30 working days (for those who work six days per week) of annual leave.

The Minimum Rates of Pay, Including Overtime Rates
Article 141 of the Labour Code of the Republic of Lithuania provides that an employee’s monthly remuneration may not be less than the minimum wage set according to the procedure established in this Article. Minimum wage (the minimum hourly rate or the minimum monthly wage) is the lowest permissible amount that can be paid to an employee for unqualified work for one hour or for the full standard working hours of a calendar month, respectively. Unqualified work is considered to be work that does not require any special qualification skills or professional expertise.  The minimum hourly rate and the minimum monthly wage shall be approved by the Government of the Republic of Lithuania upon recommendation of the Tripartite Council of the Republic of Lithuania and taking the indicators and trends of development of the national economy into account. The Tripartite Council of the Republic of Lithuania shall present its conclusion to the Government of the Republic of Lithuania on an annual basis, by the 15th of June or other date as requested by the Government of the Republic of Lithuania. Collective agreements may establish minimum hourly rates and minimum monthly wages that are higher than those established in paragraph 3 of this Article.
  Under Government resolution No 669 of 3 July 2019, the minimum hourly wage is € 3,72 and the minimum monthly wage €607. For overtime work, an amount of at least 1.5 times the employee's remuneration must be paid.

Protective measures with regard to the terms and conditions of employment of young people, pregnant women, women who have recently given birth and are breast feeding

Additional breaks:
Employees under 18 years of age, who work for more than four hours, must be granted an additional break of at least 30 minutes to rest during their working time. This break shall be included in their working time;
In addition to the general break to rest and to eat, a breast-feeding woman shall be at least every three hours given at least 30-minute breaks to breast-feed. At the mother’s request the breaks for breast-feeding may be joined or added to the break to rest and eat or given at the end of the working day, shortening the working day accordingly. Payment for these breaks to breast-feed shall be calculated according to the average daily pay of the employer.
Additional guarantees of working time:
Pregnant women, women who have recently given birth, women who breastfeed, may be assigned to do overtime work only with their consent. Working at night shall be prohibited for persons under 18 years of age. Pregnant women, women who have recently given birth, women who breastfeed, may be assigned to work at night only with their consent.

Additional guarantees of safety and health at work:
Pregnant women or women who have recently given birth or breast-feeding women may not be assigned to perform work in the conditions that may be hazardous and affect the health of the woman or the child. In compliance with the list of hazardous conditions of work and working environment risk assessment results, the employer must establish the nature and duration of potential effect to safety and health of woman who has recently given birth and breast-feeding woman. Upon assessment of the potential effect, the employer must take necessary measures to ensure that the above risk is eliminated.
Employment of persons who are under 18 years of age shall be prohibited for:
1) work which is beyond their physical and psychological capacity;
2) work involving exposure to agents which are toxic, carcinogenic, cause genetic mutation or are harmful to health;
3) work involving possible exposure to ionising radiation or other hazardous and (or) harmful agents;
4) work involving a higher risk of accidents or occupational diseases and work which young person might not be able to perform safely due to lack of experience or attention to safety.

Prohibition of discrimination at work

It is prohibited discriminate employees irrespective of their gender, sexual orientation, race, national origin, language, origin, citizenship and social status, religion, marital and family status, age, opinions or views, political party or public organisation membership, factors unrelated to the employee's professional qualities.

The terms of employment for temporary workers

Labour legislation specifies conditions of workers hired by temporary employment agencies:
During the period of work for a user enterprise, the user enterprise must ensure that the temporary worker is subject to the same provisions of the laws, collective agreements and other labour law provisions that are applied at the workplace and are valid for the user enterprise's employees with respect to:

1) the protection of employees who are pregnant, who recently gave birth, or who are breast feeding, employees who are raising children under the age of three, and individuals under the age of 18;
2) the prohibition of discrimination on the basis of gender, sexual orientation, race, nationality, language, origin, citizenship and social status, faith, family status, intention to have a child/children, convictions or views, political affiliation, or age;
3) the length of maximum working time and minimum rest periods, overtime, night work breaks, leave and public holidays.

A temporary agency must ensure that a temporary worker's remuneration for work done for a user enterprise be at least as much as the remuneration that would be paid if the user enterprise had hired the temporary worker under an employment contract at the same workplace, except in cases where temporary workers employed under open-ended temporary agency employment contracts receive remuneration from the temporary agency between assignments to work and the size of this remuneration between assignments to work is the same as during assignments to work. The user enterprise shall bear subsidiary responsibility for fulfilling the duty to pay the temporary worker for work done for the user enterprise at least as much as the remuneration that would be paid if the user enterprise had hired the temporary worker under an employment contract at the same workplace. In fulfilling this duty, the user enterprise must, on the request of the temporary agency, provide information about the remuneration paid to the corresponding category of workers employed by the user enterprise.

Temporary workers shall be entitled to use the infrastructure that the user enterprise has to satisfy employee work and rest needs as well as their interests (rest areas, dining room, child care and transportation services, etc.) under the same conditions as the employees of the user enterprise, except in cases where the application of different conditions is justified by objective reasons.

The Rights and Obligations Between the Temporary Worker and the User Enterprise:

Before the commencement of work, the user enterprise must familiarise the temporary worker in writing with the working conditions, work regulations, and other legal acts regulating the work for the user enterprise, and take all measures to protect the health and life of the temporary worker in accordance with the provisions of the Republic of Lithuania Law on Safety and Health at Work.

A user enterprise must inform temporary workers about vacant positions that are available, specifying the job function and the requirements therefor. Information about vacant positions may be published on public information boards on the premises of the user enterprise or in other ways that are accustomed at the workplace.

The user enterprise shall bear liability for damage caused by the user enterprise to a temporary worker.

Health, safety and hygiene at work

Law on Safety and Health at Work. (LT)

Law on Safety and Health at Work. (ENG)

Procedure for the provision of information about posted workers

         Article 109 of the Labour Code of the Republic of Lithuania provides that an employer under the jurisdiction of a foreign country who posts a worker to work temporarily in the territory of the Republic of Lithuania for a period of more than 30 days or to perform construction work established in the Republic of Lithuania Law on Construction shall, in accordance with the procedure established by the Minister of Social Security and Labour of the Republic of Lithuania, give advance notice to the territorial office of the State Labour Inspectorate where the job function of the posted worker will be performed about the conditions established in points 1–7 of Article 108(2) of this Code that will apply to this worker. Employers must have the documents related to the posted worker at the place where the job function of the posted worker is being performed during the entire period of the posting and must provide them without delay to competent authorities at the request thereof.
Procedure for the provision of information about posted workers, approved by order of the Minister of Social Security and Labour of the Republic of Lithuania No. A1-169 of 16 June 2005 (hereinafter – Procedure), establishes the procedure for the provision of information about posted workers and guarantees for such workers to territorial offices of the Lithuanian State Labour Inspectorate under the Ministry of Social Security and Labour (hereinafter “LSLI territorial offices”). Point 3 of the Procedure provides that an employer under the jurisdiction of a foreign country who posts a worker to work temporarily in the territory of the Republic of Lithuania for a period of more than 30 days or to perform construction work established in the Republic of Lithuania Law on Construction, shall submit to the LSLI territorial office of the place of performance of the work functions a report in the set form in the Lithuanian language (Annex) about posted worker (hereinafter “Report”).
Point 5 of the Procedure provides that the Report shall be submitted by e-mail, post, fax or using the system of electronic services for employers of the Republic of Lithuania State Labor Inspectorate under the Ministry of Social Security and Labour not later than one working day prior to commencement of work by the posted worker in the territory of the Republic of Lithuania.
Form of the Report contains information on: employer posting the worker; posted worker; legal/natural person accepting the posted worker; posting (start of posting, anticipated posting period, place of posting, etc.); guarantees provided for the posted worker.

National acts concerning prior declaration about posting of workers

Labour Code of the Republic of Lithuania

Procedure for the Provision of Information about Posted Workers (LT)

Report on a Worker Posted to Perform Work in the Republic of Lithuania (EN)

Report on a Worker Posted to Perform Work in the Republic of Lithuania (LT)

Liaison office: State Labour Inspectorate of the Republic of Lithuania
Aguonų str. 4, Vilnius, e-mail. info@vdi.lt
Contact person: Aras Petrevičius (information available in English)
Advisor of
Illegal Activities Monitoring Division
of the State Labour Inspectorate
of Republic of Lithuania
tel. +370 52139768
e-mail  aras.petrevicius@vdi.lt