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State Labour Inspectorate information in English language

MISSION

Mission of the state labour inspectorate of the Republic of Lithuania – preservation of life, health and employability of employees as well as prevention of infringements of safeguarding employees guarantees in labour relations.

CONTACTS/ INQUIRIES

State labour inspectorate of the Republic of Lithuania
19 Algirdo str.
LT-03607 Vilnius
Lithuania
Phone: +370 5 265 0193
Fax: +370 5 213 9751
E-mail: info@vdi.lt
E. inquiry
Example of written inquiry

MANAGEMENT

Jonas Gricius
Phone: +370 5 260 3474   
E-mail: jonas.gricius@vdi.lt                   
Chief State Labor Inspector of the Republic of Lithuania

Dalius Čeponas                 
Phone: +370 5 210 4737   
E-mail: dalius.ceponas@vdi.lt
Deputy Chief State Labor Inspector of the Republic of Lithuania

Arūnas Lupeika                 
Phone: +370 5 265 1786   
E-mail: arunas.lupeika@vdi.lt                
Chancellor

ACTIVITIES

Labour inspectors perform prevention of violations of standard acts regulating occupational safety and health, labour relations as well as the prevention of accidents at work and occupational diseases in enterprises, by controlling the compliance with these standard acts (6-7 per cent of registered enterprises in the country are inspected yearly) and by providing consultations to employees, their representatives, trade unions, employers, occupational safety and health services and committees in enterprises, as well as carrying out their educational mission of the public within the framework of their competence. Furthermore, the State Labour Inspectorate is actively encouraging and striving at the consolidation of relations between employers and employees and their organisations, based on the social dialogue and collective agreements.
The State Labour Inspectorate is assigned the function to carry out the control of undeclared work as well as to coordinate activities of institutions carrying out control of undeclared work in accordance with the procedure established by the Government of the Republic of Lithuania. The State Labour Inspectorate by controlling the compliance with laws regulating labour relations, inspects compliance with the provisions of the Labour Code, among them - related with employment contracts, work pay, organisation of work and rest, as well as the enforcement of relevant resolutions of the Government of the Republic of Lithuania and orders of the Ministry of Social Security and Labour.
Labour inspectors inspect if employers in enterprises, institutions and organisations identify hazards and perform risk analysis and assessment, investigate accidents at work, analyse and submit proposals on elimination of their causes and improvement of the occupational safety and health situation in the country, organise and together with representatives of health supervision institutions investigate causes and circumstances of occupational diseases; examine applications and complaints within the framework of the competence of the State Labour Inspectorate; submit comments and proposals on the draft standard acts on the issues of occupational safety and health, labour relations, conclusions on the occupational safety and health training programmes under preparation, participate during the examination of the competence of persons representing employers, persons authorised by employers, as well as the competence  of specialists of occupational safety and health services.
Following the established procedure, the State Labour Inspectorate participates in the acceptance for operation of undertakings, their units or individual workplaces and investigation of accidents with equipment or objects, performs the function of the manager of the Register of Potentially Dangerous Equipment, accepts applications from enterprises to assign funds for implementation of accidents at work and occupational diseases prevention measures, etc.
With Lithuania‘s EU membership, besides the supervision of enforcement of existing standard acts, the State Labour Inspectorate is endowed with new functions and obligations: control of working conditions of posted workers from EU countries, control of drivers work and rest time performed on the roads and in the enterprises following the procedure established by EU documents and national standard acts. Pursuant to the Law on European Work Councils of the Republic of Lithuania, the State Labour Inspectorate is commissioned to control the protection and guarantees of workers representatives rights in the European Community companies and their units, operating in our country; the Inspectorate also carries out the functions of the representation of the European Agency for Safety and Health at Work in Lithuania. And these, no doubt, are not the last obligations. In order to be able to execute these obligations, the inspectors are encouraged to upgrade qualifications, to improve administrative and professional capacities aiming at the implementation of the prevention culture by new activity methods, at the same time not leaving out the traditional forms of work, verified by life.
While performing its objectives and developing social partnership, the State Labour Inspectorate cooperates with all trade unions and organisations of employers in the country, also maintains relations with more than 30 governmental institutions and organisations, all municipalities and organizations of counties, Government representatives in counties. Since 1994, the State Labour Inspectorate has a permanent representative in the tripartite Commission of Occupational Safety and Health of the Republic of Lithuania;specialists of the institution on the ongoing basis participate in the activities of the tripartite Council of the Republic of Lithuania.
The complete information on the activities of the State Labour Inspectorate is presented in the yearly report on the status of occupational safety and health and compliance with labour laws in the enterprises, institutions and organisations of the Republic of Lithuania.
The top management of the State Labour Inspectorate, inspectors and specialists accept new challenges, related with economic market changes, with labour relations as well as with the enhanced responsibility in the context of public benefits. We are open for the dialogue with social partners and their representatives in order to improve working conditions, to secure work guarantees for employees more effectively.

 

HISTORY

The State Labour Inspectorate was established on 16 June 1919 as the Labour Inspection Department under the Ministry of Labour and Social Security, and later was transferred to the Ministry of Interior.
The tasks, competencies, structure of the Inspectorate were defined in the Law on Labour Inspectorate passed in 1924. The Inspectorate became legitimately responsible for legal, technical and material control of labour safety. Inspectors were granted the right to visit enterprises, estate farms and   apartments of the employees situated close to them during business hours.
Since 1940, before the reestablishment of the Independence, functions of labour safety were performed by different governmental offices, and control – by republican committees of trade unions.
After the restoration of the Independence of the Republic of Lithuania, in October 1990 the Department of Safety at Work was established under the Government of the Republic of Lithuania. Basically it took care of the technical aspects of safety at work.  Therefore under the Resolution of the Government of the Republic of Lithuania dated 16 December 1992, the Department of Safety at Work was reorganised into two bodies under the Ministry of Social Security and Labour: State Labour Inspectorate and Technical Supervision Service, which was later transformed into public institution.

LEGAL BASICS OF ACTIVITIES

Tasks, functions, structure, rights, duties, responsibility of labour inspectors, the procedure of inspections and the working procedure is defined by the Law on State Labour Inspectorate of the Republic of Lithuania, Regulations on State Labour Inspectorate of the Republic of Lithuania, Operational Regulations of State Labour Inspectorate of the Republic of Lithuania. Labour inspectors, while carrying out their duties, among other rights, have the right in relation with identified infringements in the enterprise of legal acts regulating occupational safety and health or labour relations:
- to give ordinance of the established format to a person representing the employer or a person authorised by the employer and to oblige him/her to eliminate the enumerated infringements within the indicated time period;
- to prohibit use of work or personal protective equipment not complying with occupational safety and health requirements;
- to demand to stop works, which endanger occupational safety and health;
- to write a protocol of administrative law violations to a person representing the employer or a person authorised by the employer, to examine the case of administrative law violations and to adopt a decision in the case of administrative law violations to assign a fine (up to €1,448).
Cases of undeclared work according to the protocols of administrative law violations written by labour inspectors are examined and fines (up to €2,896) are issued by courts.
Only courts shall examine cases and issue fines in relation with hindrances for the officials of the State Labour Inspectorate to carry out duties charged to them or in relation to non - compliance with their requirements.

 

Occupational safety and health law of the republic of lithuania articles related to accidents at work

Article 2, paragraph 14:

"14. An incident is a work-related event, during which the employee does not suffer any damage to his health or does not lose working capacity due to suffered damage."

Article 2, paragraph 15:

"15. An event at work, during which the employee suffers damage to his health is an event, including a traffic accident, for which an employee suffers damage to his health or for which an employee dies, and which is investigated according to the established procedure in order to determine the causal relationship with work and is then recognized or not recognized as a workplace accident."

Article 2, paragraph 21:

"21. Workplace accident is an event at work, including a traffic accident, while performing work tasks or being at the workplace, for which an employee suffers damage to his health and becomes incapable to work for at least one day or dies, and which is investigated and recognized as a workplace accident."

Article 2, paragraph 22:

"22. An accident on the way to or from work is an event, including a traffic accident, when an employee is travelling to or from work on the employee's working days on the way between the workplace and:
1) place of residence;
2) place outside of the company's premises at which the employee may be for a break and meal time;
3) place outside of work, where the employee is paid his wage;
4) any other workplace. In this case, an accident on the way to work is investigated by the committee appointed by the employer to whom the employee went."

Article 42, paragraph 1:

"1. Workplace accidents and accidents on the way to or from work are divided into minor, serious and fatal according to their consequences:
1) minor workplace accident is an accident at work, which is not in the category of serious or fatal workplace accidents;
2) serious workplace accident is an accident at work which gravely damages an employee's health. Features classified as pertaining to serious damage to the health are approved by the Minister of Health;
3) fatal workplace accident is an accident at work due to which the employee dies."

Article 43:

"Article 43. Reporting an accident on the way to or from work, workplace events, during which workers are exposed to health hazards, incidents and occupational diseases

1. An employee who was injured during an event at work, for which the employee has suffered damage to his health, during an accident on the way to or from work, or due to acute occupational disease, if able, as well as an employee who has seen the event or its consequences, must immediately notify the head of division, an employer's representative, occupational safety and health service provider or occupational safety and health specialist. The incidents are reported according to the procedures established by the company.

2. An employer's representative or a person authorized by the employer must immediately notify the relevant territorial office and the State Labour Inspectorate about all events at the workplace for which the employee died, or through which his health was seriously damaged. In cases of acute occupational disease for which an employee has died, the employer's representative or a person authorized by the employer must immediately report to the National Public Health Centre under the Ministry of Health.

3. The doctor who suspects a chronic occupational disease, no later than in 3 days must notify the employer, the State Labour Inspectorate and the National Public Health Centre under the Ministry of Health in writing.

4. The employer's representative or a person authorized by the employer shall immediately notify the State Labour Inspectorate about the event at workplace for which the employee has suffered damage to his health, but was not gravely damaged, about an accident on the way to or from work, when there are not enough people to create a bilateral committee referred to in this Law, Article 44 paragraph 2

5. The procedure of notifying about events at work, for which the workers are exposed to health hazards, accidents on the way to or from work and occupational diseases, and their registration is laid down in the relevant regulations of investigation and registration of Workplace accidents and Occupational diseases".

Article 44:

"Article 44. Investigation of workplace accidents, for which employees are exposed to health hazards, incidents, accidents on the way to or from work, and occupational diseases

1. An event at work, for which an employee is exposed to health damage, an accident on the way to or from work must be investigated and the results recorded according to the Workplace accident investigation and registration regulations. The incident is investigated and registered according to the procedures established by the company. The circumstances and reasons of a workplace accident for which the employer was exposed to health hazards and ways to prevent the causes of similar events are determined during the investigation.

2. An event at work, for which the employee suffered damage to his health, but was not gravely injured, an accident on the way to or from work are investigated by the bilateral committee approved by the order of the representative or another document, consisting of the representative(s) of safety and health of the employer (appointed by the employer's representative) and the employee.

3. The event at work, for which an employee suffers damage to his health or dies, is investigated by the State Labour Inspectorate, in the presence of representatives of safety and health of the employer and the employee. The State Labour Inspectorate shall also investigate the accident at work, for which the employee has suffered damage to his health, but was not gravely injured, and an accident on the way to or from work, when there is not enough staff at the company for a bilateral committee referred to in paragraph 2 of this Article, or when the employer or the employee in disagreement with the investigation act of the workplace accident or the accident on the way to or from work investigated by the bilateral committee submits a complaint to the chief state labour inspector.

4. An event at work, for which the employee suffers damage to his health or dies from work-unrelated illness or in an attempt to kill himself when violence is used against him, if the circumstances and motives of the violent act are unrelated to work, when an employee makes a criminal offence or arbitrarily (without employer’s knowledge) works for himself (his own interests), is not recognized as a workplace accident.

5. A case of occupational disease must be investigated, the findings of occupational disease cause investigation and confirmation must be listed in the investigation act of occupational disease cause and the confirmation act of an occupational disease according to the procedure determined in the Occupational disease investigation and registration regulations.

6. An employee or an authorized person may take part in the investigation of the event at work, which results in harm to health, or accident on the way to or from work, or occupational disease, has the right to access the investigation file, must get the investigation act of the workplace accident, or accident on the way to or from work, or causes of occupational disease and the act of occupational disease confirmation.

7. If the employee or the employer disagrees with investigation acts of the accident at work, or an accident on the way to or from work, or causes of occupational disease, he can appeal to the chief state labour inspector. Chief state labour inspector's decision on the requests, which appealed against the investigation acts of the accidents at work, or an accident on the way to or from work, or causes of occupational disease may be appealed to the Court of Administrative Proceedings in accordance with law.

9. The event at work for which an employee incurs damage to his health, or for which 3 or more employees died, are investigated by a committee. The chairman of this committee is the the chief state labour inspector; the members: chief state labour inspector deputy, Head of State Labour Inspectorate Territorial Division and 2 labour inspectors of this division. During the investigation, the representatives of the employer and of the employee must participate.

10. Acute occupational diseases for which 3 or more employees died are investigated by a committee. The chairman of this committee is the the chief state labour inspector; the members: the head (or his deputy) or his appointed representatives of the National Public Health Centre under the Ministry of Health, the head of State Labour Inspectorate Territorial Department, the inspector of the State Labour Inspectorate Territorial Department. During the investigation, the representative of safety and health of the employer and of the employee must participate.

Article 45, paragraph 5:

"5. All events at work, for which the employee is exposed to health hazards, accidents on the way to or from work, and occupational diseases are registered according to the regulations of workplace accident investigation and registration, and the occupational diseases investigation and registration."

MINISTER OF SOCIAL SECURITY AND LABOUR OF THE REPUBLIC OF LITHUANIA

MINISTER OF HEALTH OF THE REPUBLIC OF LITHUANIA

 

ORDER
ON THE APPROVAL OF THE NATIONAL ACTION PLAN ON HEALTH AND SAFETY at work FOR 2017–2021

22 May 2017 No A1-256/V-584
Vilnius

Pursuant to Point 8.1.8 of the Regulations of the Ministry of Social Security and Labour of the Republic of Lithuania approved by Resolution No 892 of 17 July 1998 of the Government of the Republic of Lithuania ‘On the approval of the Regulations of the Ministry of Social Security and Labour of the Republic of Lithuania’ and Point 10.2.2 of the Regulations of the Ministry of Health of the Republic of Lithuania approved by Resolution No 926 of 24 July 1998 of the Government of the Republic of Lithuania ‘On the approval of the Regulations of the Ministry of Health of the Republic of Lithuania‘ and having regard to the Council Conclusions of 10 March 2015 ‘EU StrategicFramework on Health and Safety at Work 2014-2020: Adapting to New Challenges’ and the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘EU StrategicFramework on Health and Safety at Work 2014-2020’ of 6 June 2014, and seeking to improve health and safety at work, we hereby:
1. A p p r o v e the appended National Action Plan on Health and Safety at Work for 2017-2021 (the ‘Action Plan‘).
2. C h a r g e
2.1. the Ministry of Social Security and Labour of the Republic of Lithuania with the responsibility for coordinating the implementation of the Action Plan;
2.2. entities responsible for the implementation of the Action Plan with the responsibility for submitting to the Ministry of Social Security and Labour of the Republic of Lithuania, by 30 January every year, about implementation of the measures of the Action Plan in the past year.
3. E s t a b l i s h that measures of the Action Plan shall be financed from the general allocations approved for relevant ministries, institutions and other entities in the Republic of Lithuania Law on the Approval of Financial Indicators of the State Budget and Municipal Budgets as well as funds received from the European Union and international organisations and other lawfully received funds.
4. P r o p o s e that higher educational establishments, scientific institutions and social partners should take part in the implementation of the Action Plan.

 

Minister of Social Security and Labour Linas Kukuraitis

 

Minister of Health Aurelijus Veryga


approved
By Order of the Minister of Social Security and Labour and the Minister of Health of the Republic of Lithuania No A1-256/V-584
of 22 May 2017

NATIONAL ACTION PLAN ON HEALTH AND SAFETY at work FOR 2017–2021

SECTION I
GENERAL PROVISIONS

1. The purpose of the National Action Plan on Health and Safety at Work for 2017-2021 (the ‘Action Plan‘) is to implement the health and safety at work (HSW) policies on a national level, promote interest in HSW as a component of good governance and a key factor of increasing production efficiency and competitiveness, and ensure HSW so that working conditions are improved and productivity is increased.

2. The Action Plan has been prepared in accordance with the provisions of the Council Conclusions of 10 March 2015 ‘EU StrategicFramework on Health and Safety at Work 2014-2020: Adapting to New Challenges’ and the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘EU StrategicFramework on Health and Safety at Work 2014-2020’ of 6 June 2014.

3. The Action Plan consists of an overview of the HSW situation (Section II), a table of the objectives, tasks, measures and allocations of/for the Action Plan and entities responsible for implementation (Section III), and a list of the objectives’ and tasks’ evaluation criteria and their values (Section IV).

SECTION II
OVERVIEW OF HSW SITUATION

4. According to Statistics Lithuania, as of 1 January 2017 there were 83,256 enterprises, institutions and organisations operating in Lithuania (hereinafter collectively referred to as the ‘enterprises‘) employing 939,388,000 people in all. Enterprises with up to 9 employees (micro enterprises) accounted for 81% of all enterprises in operation, enterprises with 10–49 employees (small enterprises) – for 15.5%, enterprises with 50–249 employees (medium enterprises) – 3 %, and enterprises with more than 250 employees (large enterprises) – 0.5 % of all operating enterprises. Every year, the State Labour Inspectorate of the Republic of Lithuania under the Ministry of Social Security and Labour (SLI) inspects about 4% of all enterprises in operation. SLI‘s inspections cover illegal work, compliance with the HSW legal acts and other functions falling within the remit of SLI. In 2015, the largest number of violations of HSW legislation was found at construction enterprises (39.4%); violations at manufacturing industry enterprises accounted for 20.7%, trading enterprises 7.8%, and transport and warehousing enterprises 5.9 %. Works suspended by the SLI inspectors in construction enterprises in 2015 accounted for 96.3% of all works suspended by the SLI inspectors (in all, in 2015 works were suspended at 136 workplaces and the use of 32 means of work was prohibited).
In 2015, the majority of violations of HSW legislation found by the SLI inspectors were related to the occupational risk assessment (14%), training and certification (13.6%), means of work (9.8% including 7.3% in relation to potentially dangerous equipment). Since 2009, violations related to the occupational risk assessment are most often found in the manufacturing industry sector (28% of all violations of this type in 2015).

5. According to the SLI, as of 1 January 2017, 45,012 declarations on HSW situation and workplaces’ compliance with HSW legislation were submitted to the SLI System of Electronic Services to Employers, in accordance with Article 39(5) of the Republic of Lithuania Law on Safety and Health at Work. According to the information in the declarations, functions of an HSW service are performed by the employer, the employer‘s representative or a person authorised by the employer in 88.8% of cases, HSW services are established in 20.3% of cases, there is an HSW specialist in 19.7% of cases, and agreements with legal/natural persons on the performance of HSW functions or part of them have been concluded in 11.5% of cases.

6. In 2015, 44 lethal, 146 serious and 3,335 minor accidents at work occurred. The numbers of accidents at work per 100,000 employees were as follows: lethal 3.5, serious 11.8 and minor 269. The total number of accidents at work was increasing in 2012–2015 (from 2,927 to 3,525), whereas the number of serious accidents at work ranged from 119 to 149. The number of lethal accidents at work has decreased: 44 in 2015 compared to 59 in each year of the period 2012–2014.
According to the types of economic activities, in 2015 the majority of accidents at work took place in construction enterprises (14, or 32%), transport and warehousing enterprises (13, or 30%), and manufacturing industry enterprises (6, or 14.3%). In 2015, the majority of serious accidents at work took place in construction enterprises (47, or 32.4%), manufacturing industry enterprises (26, or 14%), and transport and warehousing enterprises (17, or 12%). As much as 41% of lethal accidents at work and 37% of serious accidents at work involved employees with a less than 1 year’s service record with the enterprise. 19% of lethal accidents at work involved employees with the service record with the enterprise varying between 1 and 2 years. The majority of lethal accidents at work occurred due to the employee‘s fall from a height (13, or 31%), road vehicle (9, or 21%), falling objects (5, or 12%), whereas serious accidents at work – due to the employee‘s fall from a height (29%), falling of the employee (19%), falling objects (12%), vehicles (10%). 6 lethal and 8 serious accidents at work occurred due to a failure to remove drunk employees from work.

7. 437 occupational diseases were recorded in the Register of Occupational Diseases of Lithuania in 2015. The numbers of occupational diseases recorded annually remain similar since 2010. In 2015, most cases of occupational diseases were determined by physical factors (230 occupational diseases, or 52.6 % including 157 (35.9%) by vibration and 73 (16.7%) by noise) and ergonomic factors (186 occupational diseases, or 42.6%). Ergonomic factors were responsible for 81.8% of occupational diseases diagnosed in women. Since 2011, the number of diseases caused by ergonomic factors has increased. Occupational cancer cases are recorded very rarely, just as occupational diseases caused by chemical and biological factors (2015: 0.6% and 0.7% of occupational diseases, respectively). During prophylactic health checks of employees carried out in 2015, only 3% of cases of occupational diseases established that year were suspected; 46% of persons for whom an occupational disease/diseases was/were diagnosed in 2015, had lost at least 45% of capacity for work (were incapable for work or partly capable for work).

8. According to the 2013 survey of employment of Lithuania‘s population (EUROSTAT), 27,800 (2.2%) of Lithuania‘s employees had work-related health problems. 53.8% of the employees indicated that a work-related health problem had led to a loss of capacity for work. Most often Lithuania‘s employees complained of work-related disorders of the skeletal-muscular system and mental health problems.

9. The SLI provides ongoing consulting to employers, employers’ representatives and employees on matters related to the implementation of the HSW legislation. In order to ensure a continuous information and training process aimed at employers and employees, the SLI presents to the public, using various mass media, information about the HSW requirements, HSW situation at the country‘s enterprises, SLI activities, best practices of enterprises and other preventive information. Social advertising is also used for the dissemination of information. Over 100 preventive-information reports, method local guidelines, and press releases are prepared and published every year.
Increasing youth awareness of HSW and labour law issues is in the focus of SLI‘s attention. Using the mass media and various events (meetings, lectures, discussions etc.) young people are made conversant with legal acts governing youth work, issues of employment relations, potential occupational risks etc.; in the summer season when enterprises employ young seasonal workers, more attention is devoted to such enterprises in order to avoid violations of legal acts governing youth work; an SLI account focussed on youth education has been created on Facebook where urgent consulting and answers to questions are provided.

10. Provision of information about SLI and instilling habits of safe behaviour start at school. A general programme on human safety is taught as a separate subject at the basic education level (Years 5-10), with the children made conversant with the indispensable requirements for safe behaviour. On a secondary school level, this programme has been integrated into a number of subjects. Since 2012, a general programme on health education is taught at schools. Pupils who study under formal vocational training programmes are taught HSW according to the Description of the Health and Safety at Work Programme for Pupils Studying under Basic Vocational Training Programmes approved by Order of the Minister of Education and Science of the Republic of Lithuania No ISAK-1953 of 28 September 2005 ‘On the approval of the Description of the Health and Safety at Work Programme for Pupils Studying under Basic Vocational Training Programmes‘. The Descriptors of the Higher Education Study Areas that form a basis for the formulation of study programmes state that persons having completed the study programmes must be knowledgeable about HSW requirements. The descriptors are approved by the Minister of Education and Science and are binding for all higher educational establishments.

OBJECTIVES, TASKS, MEASURES AND ALLOCATIONS OF/TO THE ACTION PLAN AND ENTITIES RESPONSIBLE FOR IMPLEMENTATION

Item No

Description of objective/task/measure

Entities responsible for implementation

Imple-mentation timeframe

Allocations, EUR‘000

Funding sources

2017

2018

2019

2020

2021

1.

Objective: Improving the HSW legal framework and implementation of HSW regulations at enterprises, in particular micro and small enterprises and, in particular, by strengthening their capacities for implementing efficient occupational risk prevention measures

1.1.

Task: Improving legal acts and implementing accidents at work prevention policy and initiatives

1.1.1.

Measure: Formulating safety requirements for forestry works

Ministry of Environment of the Republic of Lithuania (the ‘Ministry of Environment‘)

2017–2018

3

6

 

 

 

State budget funds

1.1.2.

Measure: Formulating methodological guidance for health and safety at work for forestry works having regard to the Safety Requirements for Forestry Works

SLI, social partners

2018–2019

 

7

7

 

 

State budget funds

1.1.3.

Measure: Drafting amendments to the Regulations on the Fitting out of Workplaces at Construction Sites approved by Order of the Minister of Social Security and Labour and the Minister of Environment of the Republic of Lithuania No A1-22/D1-34 of 15 January 2008 ‘On the approval of the Regulations on the Fitting out of Workplaces at Construction Sites‘ by updating rights and responsibilities of HSW Coordinators

Ministry of Social Security and Labour of the Republic of Lithuania (the ‘Ministry of Social Security and Labour‘), Ministry of Environment, SLI, social partners

2018

 

 

 

 

 

1.2.

Task: Formulating recommendations and providing practical measures to help ensure compliance with HSW regulations

1.2.1.

Measure: Analysing causes of accidents at work involving employees with less than one year service record with the employer

SLI

2017

 

 

 

 

 

1.2.2.

Measure: Formulating interactive methodological guidance online for the prevention of accidents at work involving employees with less than one year service record with the employer, having regard to occupational risks that have led to lethal and serious accidents and to the victims‘ age, and publish it on SLI‘s website and social networks.

SLI

2018–2019

 

10

10

 

 

State budget funds

1.2.3.

Measure: Formulating interactive methodological guidance online for the prevention of falls from a height in the construction sector and publish it on SLI‘s website and social networks.

SLI

2018–2019

 

10

10

 

 

State budget funds

1.3.

Task: Developing, with the help of the European Agency for Safety and Health at Work (EU-OSHA), online interactive risk assessment tools (OiRA) and other tools based on information technologies (IT)

1.3.1.

Measure: Developing an OiRA tool for furniture production enterprises

SLI, social partners

2017

7

 

 

 

 

EU-OSHA funds

1.3.2.

Measure: Developing an OiRA tool for plastic articles production enterprises

SLI, social partners

2017

7

 

 

 

 

EU-OSHA funds

1.3.3.

Measure: Developing an OiRA tool for enterprises providing cleaning services

SLI, social partners

2017

7

 

 

 

 

EU-OSHA funds

1.3.4.

Measure: Developing an OiRA tool for enterprises providing sewing services

SLI, social partners

2017

7

 

 

 

 

EU-OSHA funds

1.3.5.

Measure: Developing an OiRA tool for quarry operating enterprises

SLI, social partners

2017

7

 

 

 

 

EU-OSHA funds

1.3.6.

Measure: Developing an OiRA tool for agricultural enterprises

SLI, social partners

2018

 

10

 

 

 

State budget funds

1.3.7.

Measure: Developing an OiRA tool for educational establishments

SLI, social partners

2019

 

 

10

 

 

State budget funds

1.4.

Task: Providing information to enterprises, in particular micro and small enterprises, using all appropriate means such as awareness raising campaigns, training and exchange of best practices as well as various IT-based measures and social networks

1.4.1.

Measure: Organising round-table discussions/training for heads of enterprises and employees and providing consulting to them on matters of participation in management of the enterprise

SLI, social partners

2018–2021

 

 

 

 

 

1.4.2.

Measure: Improving the SLI website in order to increase its accessibility and dissemination of information, in particular to micro and small enterprises

SLI

2018–2019

 

10

5

 

 

State budget funds

1.5.

Task: Ensuring effective implementation of HSW regulations and monitoring by the efficient methods, providing consulting, using new communications means as well as imposing effective, proportional and deterring sanctions

1.5.1.

Measure: Ensuring consistent control over compliance with HSW regulations on construction sites at enterprises engaged in construction works and ensuring prevention of falls from a height (during site inspections, special questionnaires aimed at preventing falls from a height shall be used and information to social partners shall be provided)

SLI

2018–2021

 

 

 

 

 

1.6.

Task: Propagating HSW preventive measures in cooperation with social partners

1.6.1.

Measure: Implementing HSW information/consulting activities aimed at farmers and farm workers.

Ministry of Agriculture the Republic of Lithuania (the ‘Ministry of Agriculture‘)

2017–2020

12

12

12

12

 

Funds of the National Rural Development Programme for 2014–2020 and state budget funds

1.6.2.

Measure: Implementing HSW information/consulting activities aimed at forestry sector workers and self-employed persons.

SLI, social partners

2018–2021

 

5

5

5

5

State budget funds

1.6.3.

Measure: Organising an information campaign aimed at promoting responsible and safe behaviour of workers working at a height

SLI, social partners

2018–2019

 

50

10

 

 

State budget funds

1.6.4.

Measure: Organising a promotional campaign aimed at promoting responsible and safe behaviour of workers with a less than one year record of work with the employer

SLI, social partners

2019–2020

 

 

50

10

 

State budget funds

1.7.

Task: Providing information to enterprises, in particular micro and small enterprises, about the benefits of proper HSW management

1.7.1.

Measure: Formulating online interactive methodological guidance for heads of micro enterprises in the manufacturing industry sector for the implementation of HSW measures at enterprises, considering potential occupational risks, and publish it on SLI website and social networks

SLI, social partners, higher educational establishments, scientific institutions

2018–2019

 

10

10

 

 

State budget funds

1.7.2.

Measure: Formulating online interactive methodological guidance for heads of micro enterprises in the transport and warehousing sector for the implementation of HSW measures at enterprises, considering potential occupational risks, and publishing it on SLI website and social networks

SLI, social partners, higher educational establishments, scientific institutions

2018–2019

 

10

10

 

 

State budget funds

2.

Objective: Improving prevention of work-related diseases by eliminating existing, new and arising occupational risks (inter alia, psychosocial risk and risk related to the use of new technologies and materials) having regard to, inter alia, gender mainstreaming, and prevention of occupational and work-related diseases, in particular occupational cancers and diseases related to the use of other chemical substances as well as disorders of the skeletal-muscular system

2.1.

Task: Improving legal acts as part of implementation of policies and initiatives of preventing occupational and work-related diseases

2.1.1.

Measure: Drafting amendments to the Criteria for Diagnosing Occupational Diseases approved by Order of the Minister of Health of the Republic of Lithuania No V-1087 of 29 December 2007 ‚On the approval of the Criteria for Diagnosing Occupational Diseases‘

Ministry of Health of the Republic of Lithuania (the ‘Ministry of Health‘), Hygiene Institute, higher educational establishments

2018

 

12

 

 

 

State budget funds

2.1.2.

Measure: Drafting amendments to the Methodological Guidance on the Investigation of Psychosocial Risks approved by Order of the Minister of Health of the Republic of Lithuania and the Minister of Social Security and Labour of the Republic of Lithuania No V-699/A1-241 of 24 August 2005 ‘On the approval of the Methodological Guidance on the Investigation of Psychosocial Risks, having regard to changed working conditions and needs of enterprises, and adding provisions on the evaluation of psychosocial risks in ships in order to implement the International Labour Organisation‘s Maritime Labour Convention.

Ministry of Health, Ministry of Social Security and Labour, Hygiene Institute,
social partners

2018

 

10

 

 

 

State budget funds

2.1.3.

Measure: Drafting amendments to the Lithuanian Medical Standard 73:2007 ‘Occupational Physician. Rights, Responsibilities, Competences and Liability’ approved by Order of the Minister of Health of the Republic of Lithuania No V-516 of 20 June 2007 ‘On the approval of the Lithuanian Medical Standard 73:2007 ‘Occupational Physician. Rights, Responsibilities, Competences and Liability‘.

Ministry of Health

2019

 

 

9

 

 

State budget funds

2.1.4.

Measure: Drafting amendments to the Methodological Guidance on the Investigation of Ergonomic Risks approved by Order of the Minister of Health of the Republic of Lithuania and the Minister of Social Security and Labour of the Republic of Lithuania No V-592/A1-210 of 15 July 2005 ‘On the approval of the Methodological Guidance on the Investigation of Ergonomic Risks‘, having regard to changed working conditions and needs of enterprises

Ministry of Health, Ministry of Social Security and Labour, Hygiene Institute,
social partners

2020

 

 

 

10

 

State budget funds

2.2.

Task: Improving HSW for workers of relevant categories that are exposed to specific occupational risks

2.2.1.

Measure: Upon assessing ergonomic occupational risks that have led to occupational diseases diagnosed in 2010-2015, prepared an online interactive guide on the implementation of HSW measures at enterprises, considering potential occupational risks to which the workers are exposed, and publishing it on SLI website and social networks.

SLI, social partners

2020–2021

 

 

 

10

10

State budget funds

2.3.

Task: Promoting the application of measures of employees‘ health promotion and welfare at work at workplaces having regard to the needs of vulnerable employee groups and age-related needs as well as related risks

2.3.1.

Measure: Preparing informational and methodological publications on health promotion and ensuring welfare at work having regard to the needs of vulnerable employee groups and age-related needs, and publish them on the website of the Hygiene Institute.

Hygiene Institute, social partners

2017–2021

8

8

8

8

8

State budget funds

2.4.

Task: Disseminating best practices related to the prevention of mental health issues at work

2.4.1.

Measure: Presenting results of investigations into the impact of working environment upon mental health to representatives of enterprises concerned.

Hygiene Institute

2017–2021

5

5

5

5

5

State budget funds

2.5.

Task: Increasing access to quality occupational health care services, in particular, for micro and small enterprises

2.5.1.

Measure: Formulating procedures for occupational health care specialists in accordance with the Model Regulations on Enterprises‘ Health and Safety at Works Services approved by Order of the Minister of Health of the Republic of Lithuania and the Minister of Social Security and Labour of the Republic of Lithuania No A1-266/V-575 of 2 June 2011 ‘On the approval of the Model Regulations on Enterprises‘ Health and Safety at Works Services‘

Hygiene Institute, Ministry of Health, social partners

2017

20

 

 

 

 

State budget funds

2.5.2.

Measure: Developing a model for the provision of occupational health care services to micro and small enterprises.

Ministry of Health,
Hygiene Institute, social partners

2019

 

 

15

 

 

State budget funds

2.5.3.

Measure: Compiling a list of indicators for the monitoring of occupational health care activities

Hygiene Institute

2021

 

 

 

 

5

State budget funds

2.6.

Task: Improving monitoring of work-related occupational diseases

2.6.1.

Measure: Conduct a work-related health issues monitoring feasibility study, considering best practices of the Nordic Countries

Hygiene Institute

2021

 

 

 

 

12

State budget funds

3.

Objective: Ensuring appropriate competences of SLI inspectors and occupational healthcare specialists for dealing with new arising tasks

3.1.

Task: Organising HSW training for SLI inspectors, in particular, on new occupational risks and new technologies

3.1.1.

Measure: Organising training for SLI inspectors in order to build their capacities to effectively and efficiently carry out inspections of construction sites

SLI

2018–2021

 

7

7

7

7

State budget funds

3.1.2.

Measure: Organising training for SLI inspectors in order to build their capacities to identify occupational risks at workplaces and to assess efficiency of risk elimination/reduction measures.

SLI

2018–2021

 

7

7

7

7

State budget funds

3.2.

Task: Organising improvement of competences of occupational health specialists

3.2.1.

Measure: Organising skills improvement events for enterprises’ occupational health specialists

Hygiene Institute

2017–2021

5

5

5

5

5

State budget funds

3.2.2.

Measure: Organising skills improvement events on occupational medicine and occupational health for physicians carrying out mandatory health checks for employees and other physicians.

Hygiene Institute

2017–2021

5

5

5

5

5

State budget funds

4.

Objective: Improving employers’ and employees’ HSW training

4.1.

Task: Organising checks of HSW knowledge of employers and employers’ representatives

4.1.1.

Measure: Developing and implementing a system for the checking of HSW knowledge of employers and employers‘ representatives

SLI, Ministry of Social Security and Labour

2018–2019

 

50

50

 

 

State budget funds


SECTION IV
ACTION PLAN’S EVALUATION CRITERIA AND THEIR VALUES

Objectives’ and tasks’ evaluation criteria

Values of evaluation criteria

Entities responsible for implementation

2017

2018

2019

2020

2021

Objective 1: Improving the HSW legal framework and implementation of HSW regulations at enterprises, in particular micro and small enterprises and, in particular, by strengthening their capacities for implementing efficient occupational risk prevention measures

Task 1.1: Improving legal acts and implementing accidents at work prevention policy and initiatives

P-1-1-1 Requirements prepared, number

 

at least
1

 

 

 

Ministry of Environment

P-1-1-2 Guidance prepared, number

 

 

at least
1

 

 

SLI

P-1-1-3 Order drafted, number

 

at least
1

 

 

 

Ministry of Social Security and Labour, Ministry of Environment, SLI, social partners

Task 1.2: Formulating recommendations and providing practical measures to help ensure compliance with HSW regulations

P-1-2-1 Guidance prepared, number

 

 

at least
2

 

 

SLI

Task 1.3: Developing, with the help of EU-OSHA, OiRA tools and other IT-based tools

P-1-3-1 OiRA tool developed, number

at least
5

at least
1

at least
1

 

 

SLI, social partners

Task 1.4: Providing information to enterprises, in particular micro and small enterprises, using any appropriate means such as awareness raising campaigns, training and exchange of best practices as well as various IT-based measures and social networks

P-1-4-1 Training/discussion held, number

 

at least
4

at least
4

at least
4

at least
4

SLI

Task 1.5: Ensuring effective implementation of HSW regulations and monitoring by the efficient methods, providing consulting, using new communications means as well as imposing effective, proportional and deterring sanctions

P-1-5-1 Inspections carried out /prevention questionnaires completed, number

 

at least
500/500

at least
500/500

at least
500/500

at least
500/500

SLI

Task 1.6:: Propagating HSW preventive measures in cooperation with social partners

P-1-6-1 Farmers or farm workers trained under HSW programmes, number

at least
70

at least
70

at least
70

at least
70

 

Ministry of Agriculture

P-1-6-2 Farmers to whom HSW consulting was provided, number

at least
80

at least
80

at least
80

at least
80

 

Ministry of Agriculture

P-1-6-3 Series of consulting to entities / information campaign implemented, number

 

at least
4/1

at least
4/1

at least
4

at least
4

SLI, social partners

Task 1.7: Providing information to enterprises, in particular micro and small enterprises, about the benefits of proper HSW management

P-1-7-1 Methodological guidance prepared, number

 

 

at least
2

 

 

SLI, social partners

Objective 2: Improving prevention of work-related diseases by eliminating existing, new and arising occupational risks (inter alia, psychosocial risk and risk related to the use of new technologies and materials) having regard to, inter alia, gender mainstreaming, and prevention of occupational and work-related diseases, in particular occupational cancers and diseases related to the use of other chemical substances as well as disorders of the skeletal-muscular system

Task 2.1: Improving legal acts as part of implementation of policies and initiatives of preventing occupational and work-related diseases

P-2-1-1 Order drafted, number

 

at least
1

 

 

 

Ministry of Health, Hygiene Institute, higher educational establishments

P-2-1-2 Order drafted, number

 

at least
1

 

 

 

Ministry of Health, Ministry of Social Security and Labour, Hygiene Institute, social partners

P-2-1-3 Order drafted, number

 

 

at least
1

 

 

Ministry of Health

P-2-1-4 Order drafted, number

 

 

 

at least
1

 

Ministry of Health, Ministry of Social Security and Labour, Hygiene Institute, social partners

Task 2.2: Improving HSW for workers of relevant categories that are exposed to specific occupational risks

P-2-2-1 Guide prepared, number

 

 

 

 

at least
1

SLI, social partners

Task 2.3: Promoting the application of measures of employees‘ health promotion and welfare at work at workplaces having regard to the needs of vulnerable employee groups and age-related needs as well as related risks

P-2-3-1 Informational/methodological publication, number

at least
1

at least
1

at least
1

at least
1

at least
1

Hygiene Institute, social partners

Task 2.4: Disseminating best practices related to the prevention of mental health issues at work

P-2-4-1 Events at which results of investigations into the impact of working environment on mental health were presented, number

at least
2

at least
2

at least
2

at least
2

at least
2

Hygiene Institute

Task 2.5: Increasing access to quality occupational health care services, in particular, for micro and small enterprises

P-2-5-1 Procedure prepared, number

at least
1

 

 

 

 

Hygiene Institute, Ministry of Health, social partners

P-2-5-2 Occupational healthcare services provision model for micro and small enterprises developed, number

 

 

at least
1

 

 

Ministry of Health,
Hygiene Institute, social partners

P-2-5-3 List of indicators prepared, number

 

 

 

 

at least
1

Hygiene Institute

Task 2.6: Improving monitoring of work-related occupational diseases

P-2-6-1 Study completed, number

 

 

 

 

at least
1

Hygiene Institute

Objective 3: Ensuring appropriate competences of SLI inspectors and occupational healthcare specialists for dealing with new arising tasks

Task 3.1: Organising HSW training for SLI inspectors, in particular, on new occupational risks and new technologies

P-3-1-1 Training held, number

 

at least
4

at least
4

at least
4

at least
4

SLI

Task 3.2: Organising improvement of competences of occupational health specialists

P-3-2-1 Event organised at which skills improvement certificates issued, number

at least
3

at least
3

at least
3

at least
3

at least
3

Hygiene Institute

Objective 4: Improving employers’ and employees’ HSW training

Task 4.1: Organising checks of HSW knowledge of employers and employers’ representatives

P-4-1-1 System implemented, number

 

 

at least
1

 

 

SLI, Ministry of Social Security and Labour

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   

Description of the provisions of the Labour

Safety and health at work

Occupational safety and health law of the Republic of Lithuania, articles related to accidents at work

Information about labour dispute committee

Persons service. Complaints and reports.

Deductions from the employee’s remuneration

Republic of Lithuania Law on the Approval, Entry into Force and Implementation of the Labour Code


  LAW ON THE STATE LABOUR INSPECTORATE OF THE REPUBLIC OF LITHUANIA

14 October 2003 No. IX-1768
Vilnius

                                                                             CHAPTER ONE

                                                              GENERAL PROVISIONS

             Article 1. Purpose of the Law

          This Law shall establish the objectives, functions and structure of the State Labour Inspectorate of the Republic of Lithuania (hereinafter referred to as the „State Labour Inspectorate“), as well as rights, duties and responsibilities of inspectors of the State Labour Inspectorate and procedures of conducting inspections.

            Article 2. Legal status of the State Labour Inspectorate

         1. The State Labour Inspectorate is a state control institution enjoying the rights of a legal entity, functioning under the Ministry of Social Security and Labour.

         2. The State Labour Inspectorate is a budgetary institution financed from the state budget of the Republic of Lithuania, possessing its own bank accounts, the seal comprising the State‘s emblem and its own name.

           Article 3. Legal grounds of activities of the State Labour Inspectorate

In its activities the State Labour Inspectorate shall observe the Constitution of the Republic of Lithuania, international treaties of the Republic of Lithuania, the Labour Code of the Republic of Lithuania, this Law, as well as other laws and standard acts regulating occupational safety and health as well as labour relations.

         Article 4. Remit of competence of the State Labour Inspectorate  

       The remit of competence of the State Labour Inspectorate includes the prevention of accidents at work, occupational diseases, violations of occupational safety and health, standard acts on labour law and control of the Labour Code of the Republic of Lithuania, laws and other standard  acts regulating occupational safety and health as well as labour relations in enterprises, institutions, organisations or other organisational structures, irrespective of their forms of ownership, type, nature of activity, also in these cases when an employer is a natural person (hereinafter referred to as the „employers“).

                                                                                     CHAPTER TWO

                   STRUCTURE AND FUNCTIONS OF THE STATE LABOUR INSPECTORATE

 

          Article 5. Structure of the State Labour Inspectorate

        1. The State Labour Inspectorate shall be headed by the chief state labour inspector of the Republic of Lithuania (hereinafter referred to as the „chief state labour inspector“).

        2. The State Labour Inspectorate shall consist of the administration and territorial divisions. The administration shall consist of the chief state labour inspector and his deputies as well as divisions and services coordinating and organising activities of the State Labour Inspectorate, acting in accordance with regulations of divisions and services.

        3. The number and subordination of divisions and services of the administration as well as territorial divisions (hereinafter referred to as the „structural subdivisions“) shall be established by approval of the structure of the State Labour Inspectorate. Sectors, uniting specialists of certain activities may be established within the structural subdivisions.

        4. In their activities structural subdivisions shall follow regulations, establishing the purpose, objectives and functions of the structural subdivisions.

           Article 6. Functions of the State Labour Inspectorate  

The State Labour Inspectorate within the remit of its competence shall:

         1) inspect if employers comply with regulatory provisions of laws regulating occupational safety and health  as well as labour relations, other standard acts and collective agreements, and issue ordinances and notices for employers;

         2) inspect if occupational safety and health services as well as committees are established following the provisioned procedure and how internal control of occupational safety and health status is organised;

          3) inspect if used work equipment, workstations, technological processes, working conditions comply with the requirements of laws or other standard acts, execute control how the procedure and terms of inspection of technical status of potentially dangerous equipment are met, if ongoing supervision of this equipment is effected, also if traffic of transport in enterprises is duly organised;

        4) inspect if works of mining, blasting, extraction and processing of mineral resources, geological borings, seismic explorations, processing of flammable gas, chemistry, oil, as well as technological processes during which cases of blasting, fire or poisoning are probable, are performed in a safe manner and submit conclusions, ordinances, notices as well as proposals for employers in the manner prescribed by laws and other standard acts;

        5) inspect if employers organise manufacturing and use of hazardous and dangerous substances in a safe manner, if measures of industrial accidents prevention are implemented duly;

        6) inspect if employers identify hazards, carry out risk analysis and assessment;

        7) inspect if ancillary, sanitary and hygiene premises, collective measures for occupational safety and health are installed, if personal protective equipment is issued and used following the established procedure, if requirements of hygienic norms are duly observed, if lists of persons, who must undergo compulsory medical examination are compiled correctly, if employers organise compulsory medical examinations for employees following the established procedure;

        8) inspect the application of safety and health guarantees, organisation of work and rest for persons under 18 years of age, pregnant women,  women who have recently given birth, breast-feeding women and working disabled persons as established by laws and other standard acts;

       9) investigate the causes and circumstances of serious and fatal accidents. In cases of serious and fatal accidents, inspectors of the State Labour Inspectorate shall submit the materials of investigation of accident at work to a law enforcement institution. Inspect if the established procedure of investigation of accidents at work is observed, if employers introduce preventive measures in order to prevent accidents at work and cases of occupational diseases;

      10) organise and together with representatives of health surveillance institutions investigate circumstances and causes of occupational diseases;

       11) record serious and fatal accidents at work, compile the information received from employers on minor accidents at work, following the established procedure file statements of investigation of accidents at work and causes of occupational diseases;

       12) examine the calculation and payment of the compensation for damage to an employee’s health in cases when employers are responsible for payment of the compensation;

       13) following the established procedure, participate in the investigation of industrial accidents to installations and objects;

      14) analyse circumstances and causes of accidents at work, occupational diseases, industrial accidents, infringements of occupational safety and health, develop proposals on improvement of the status of occupational safety and health in the country;

      15) investigate applications and complaints within the remit of competence of the State Labour Inspectorate, ensure the confidentiality of applicants;

      16) execute control of appearances of illegal work, following the procedure established by the Government, coordinate the activities of institutions executing the control of illegal work;

      17) present conclusions concerning training programmes on occupational safety and health under preparation, intended for training of employees, operating potentially dangerous equipment, performing ongoing mandatory supervision of this equipment during its utilisation, employers’ representatives, persons authorised by employers, specialists of occupational safety and health services, participate in testing of their knowledge. Inspect if employees are instructed, trained, attested on issues of occupational safety and health;

      18) submit comments and proposals regarding draft standard acts under preparation in the fields of occupational safety and health, labour relations;

      19) analyse practice of application of labour laws, standard acts on occupational safety and health, submit proposals regarding amendments to laws or other standard acts in force;

     20) provide consultations to employees, workers’ representatives,  employers’ representatives, persons authorised by employers on issues of compliance with the requirements of occupational safety and health, labour laws, conclusion of collective agreements as well as other issues;

      21) following the established procedure, participate in acknowledgment of workplaces, their subdivisions or newly established workplaces as suitable for exploitation;

     22) administer the State Register of Potentially Dangerous Equipment, organise preparation of draft standard acts on supervision of potentially dangerous equipment;

     23) at the end of the calendar year, prepare report on the status of occupational safety and health and the implementation of labour laws; and submit it to the Ministry of Social Security and Labour of the Republic of Lithuania and the Occupational Safety and Health Commission of the Republic of Lithuania before the 1st of June. Prepare yearly report on the implementation of the International Labour Organisation Convention No. 81 „Labour Inspection in Industry and Commerce“, submit information to the Ministry of Social Security and Labour on compliance with other ratified conventions of this organisation in the country, related to occupational safety and health as well as labour relations;

The wording of paragraph 24  till 1 January 2011:

       24) carry out other functions established by other standard acts.

The article is supplemented with a new paragraph 24, former paragraph 24 shall be considered to be paragraph 25 as from 1 January 2011:

       24) following the procedure established by the Government or an institution authorised thereof, shall submit data to the State Social Insurance Fund Board under the Ministry of Social Security and Labour (hereinafter referred to as the „State Social Insurance Fund Board”) for establishment of the number of the tariff groups of social insurance contributions against accidents at work and occupational diseases as well as for the calculation of tariffs of contributions of this insurance regarding the following issues: that work equipment, working conditions do not comply with the requirements established by the standard acts, on the identified violations of standard acts on occupational safety and health, on the number of accidents at work which occurred during the performance of dangerous works,  as well as on the number of employees carrying out dangerous works in the relevant enterprise;

Note. Provisions of paragraph 24 Article 6 on submitting of data on non-compliance of work equipment, working conditions to the requirements established by standard acts on occupational safety and health shall come into force from 1 January 2012.

       25) carry out other functions established by other standard acts.

                                                                                    CHAPTER THREE

                             INSPECTORS OF THE STATE LABOUR INSPECTORATE

         Article 7. Inspectors of the State Labour Inspectorate

       1. Inspectors of the State Labour Inspectorate shall be the following:

       1) chief state labour inspector;

       2) deputies of the chief state labour inspector;

       3) heads of divisions – chief labour inspectors;

       4) deputy heads of divisions – chief labour inspectors;

       5) chief labour inspectors;

       6) senior labour inspectors;

       7) labour inspectors.

       2. Inspectors of the State Labour Inspectorate shall be liable for misconduct in office following the procedures established by the Law on Public Service. 

       3. Inspectors of the State Labour Inspectorate shall be supplied with workstations equipped according to the established requirements, also means of transportation, expedient for carrying out of official duties in cases when there is no possibility to make use of public transport. Expenses for public transport as well as other expenses incurred by inspectors of the State Labour Inspectorate in relation with the performance of official duties shall be compensated with the appropriations assigned to the State Labour Inspectorate for this purpose.

         Article 8. Chief state labour inspector

       1. The State Labour Inspectorate shall be headed by the chief state labour inspector, who is appointed to and dismissed from office by the Minister of Social Security and Labour following the procedure established by the Law on Public Service. The chief state labour inspector shall be directly subordinated and accountable to the Minister of Social Security and Labour.

       2. The chief state labour inspector shall:

       1) organise the work of the State Labour Inspectorate, be responsible for its activities, organise use of appropriations received from the state, establish the procedure of carrying out of internal audit;

       2) represent the State Labour Inspectorate;

       3) approve the structure of the State Labour Inspectorate, Rules of Operation of the State Labour Inspectorate, regulations of structural subdivisions as well as job descriptions, templates of ordinances, protocols, decisions as well as other documents within the remits of his competence, authorise one of his deputies to execute duties of the chief state labour inspector in his absence;

       4) establish structural subdivisions of the State Labour Inspectorate;

       5) examine requests and complaints of citizens and persons regarding the actions of inspectors of the State Labour Inspectorate as well as the legitimacy of decisions adopted thereof;

       6) establish regimes of working time for subdivisions of the State Labour Inspectorate taking into consideration the specifics of their activities;

       7) issue orders, within the remits of his competence approve standard acts on issues of occupational safety and health;

       8) establish the procedure of prohibition to use work and personal protective equipment in cases when they do not meet the requirements of standard acts on occupational safety and health;

       9) following the procedures provisioned by laws, appoint to and dismiss from office public servants of the State Labour Inspectorate, appoint to and dismiss from office employees working under employment contracts, provide incentives and impose upon them official or disciplinary sanctions;

      10) authorise inspectors of the State Labour Inspectorate to represent the State Labour Inspectorate in other institutions, establishments or organisations as well as courts;

The wording of paragraph 11 till 1 January 2011:

       11) carry out assignments of the Minister of Social Security and Labour.

Part 2 is supplemented with a new paragraph 11, former paragraph 11 shall be considered to be paragraph 12 as from 1 January 2011:

       11) participate in the meetings of the State Social Insurance Fund Board and submit his opinion when issues under discussion are related to the tariffs of contributions of social insurance against accidents at work and occupational diseases, assignment of assurers to relevant groups of tariffs of contributions of this insurance as well as funds, allocated for prevention of accidents at work and occupational diseases;

       12) carry out assignments of the Minister of Social Security and Labour.

       3. The chief state labour inspector shall have the right to:

       1) submit proposals to the Minister of Social Security and Labour regarding the submission of drafts of standard acts to the Government, with the effect of suspending and (or) abolishment of decisions of state institutions or establishments, contradicting the labour laws as well as other standard acts regulating labour relations;

       2) request the employers, employers’ representatives as well as the persons authorised by employers to eliminate identified violations of standard acts on occupational safety and health or other regulatory acts as well as to introduce preventive measures with the aim to improve status of occupational safety and health;

       3) following the established procedure, to participate in sittings of the Government and express his opinion when issues related to the competencies of the State Labour Inspectorate are under consideration;

       4) request that the employer’s representative, a person authorised by the employer for occupational safety and health (head of the subdivision or any other official of the administration, who has been authorised by the employer’s representative to implement the requirements on occupational safety and health in the relevant enterprise and (or) structural subdivision of the enterprise (hereinafter referred to as the „person authorised by the employer“) should re-take the examination of knowledge in the field of occupational safety and health.

          Article 9. Rights and duties of inspectors of the State Labour Inspectorate

        1. Inspectors of the State Labour Inspectorate shall have the following rights:

       1) upon presentation of the certificate of employment and authorisation, to enter any work station freely and without prior notification at any time of the day and to inspect the compliance with the requirements laid down in labour laws, standard acts on occupational safety and health or other regulatory acts;

       2) to obtain data and documents (copies, extracts thereof) and other evidence from the employer, which are expedient for execution of the functions of the State Labour Inspectorate;

       3) to get explanations orally or in writing from employers‘ representatives, persons authorised by employers, employees as well as from other persons present in the workplace under the inspection regarding violations of laws on labour, occupational safety and health, other standard acts regulating occupational safety and health and labour relations or regarding the non-compliance with instructions of the State Labour Inspectorate (if there is no possibility to obtain the above mentioned information on the spot, the employer‘s representative or a person authorised by the employer shall be called upon to the territorial division of the State Labour Inspectorate or the administration of the State Labour Inspectorate);

      4) for the purposes of investigation of serious and fatal accidents at work, if necessary, to use the means of communication and transportation of the employer for free of charge;

      5) upon investigating accidents at work, occupational diseases, to obtain data and documents necessary for the said investigation from the employer, and from the employer‘s representative, a person (persons) authorised by the employer, employees and witnesses – explanations regarding circumstances and causes of the accident at work or the case of occupational diseases, also to assign an expert examination in case of need. To obtain additional information from health surveillance establishments, law enforcement and other institutions, following the procedure established by relevant standard acts;

       6) to perform control measurements of parameters of working environment;

       7) to give instructions to the employer‘s representative, a person authorised by the employer regarding the projects of buildings under construction or renovation in the enterprise as well as labour means when it becomes evident that the arrangements provisioned in the projects do not fulfil the requirements of standard acts on occupational safety and health;

       8) pursuant to the procedure approved by the chief state labour inspector, to ban the use of work equipment and personal protective equipment for the employer if they are not in compliance with the requirements of standard acts on occupational safety and health or other regulatory acts;

       9) to demand that the employer, the employer‘s representative or a person authorised by the employer immediately stop the works: when employees are not trained and (or) not instructed to work safely, when employees’ safety and health is in danger due to faults of work equipment or emergency situations, when works are carried out in a manner violating technological regulations, without installation of relevant collective protective equipment or when employee (employees) are  not supplied with personal protective equipment and in other cases when the working environment  becomes hazardous and (or) dangerous to health and safety;

      10) to take out temporarily – for up to 7 working days – from the employer the documents, expedient for fulfilment of the functions of the State Labour Inspectorate, by way of drawing up and presenting the statement on taking out of said documents, or to make copies or extracts from said documents. In cases when documents are taken out, inspectors of the State Labour Inspectorate upon the request of the employer‘s representative shall allow him to make copies of the taken out documents. The employer‘s representative shall enjoy the right to request the certification of the authenticity of said copies with the official stamp of the inspector of the State Labour Inspectorate;

      11) during performance of official duties, in case of need, to call upon the assistance of police officers;

     12) exercising the prevention and control of violations of laws regulating occupational safety and health as well as labour relations and other regulatory acts, and in the manner not contravening the immunity of private life of persons as guaranteed by relevant laws, to take photos, to make audio and video records;

      13) also may have other rights, established by other standard acts.

      2. Inspectors of the State Labour Inspectorate must:

      1) upon disclosing violations of standard acts regulating occupational safety and health as well as labour relations, and following the procedures established by the Rules of Operation of the State Labour Inspectorate, to draw up an ordinance for the employer‘s representative or a person authorised by the employer, indicating the identified violations as well as to establish the time, within which the above mentioned persons are obliged to eliminate said violations;

      2) to transfer the materials of investigation to law enforcement institutions in cases when it is established that violations of labour laws, standard acts on occupational safety and health as well as other standard acts at the enterprise have resulted or might have resulted in serious accidents at work to employees or any other serious consequences;

      3) to settle disputes between employers and employees regarding the refusal of employees to work due to the motivation that occupational safety and health is not secured;

     4) to notify the employer‘s representative, a person authorised by the employer of the employees who do not comply with requirements of labour laws, standard acts on occupational safety and health as well as other standard acts;

     5) upon disclosing violations of labour laws, standard acts on occupational safety and health, and following the established procedure to draw up protocols, ordinances, statements and other documents of the approved form;

     6) to address police officials regarding withdrawal of employees from dangerous workplaces or zones in cases when the employer‘s representative or a person authorised by the employer refuses to fulfil the request of the inspector of the State Labour Inspectorate to stop the works;

     7) to respect the rights and legitimate interests of the entity under inspection;

    8) to safeguard and not reveal the information of state, employers commercial secrets, which they have discovered while discharging official duties;

    9) exercise duties established by other standard acts.

       Article 10. Appeals against actions and decisions of inspectors of the State Labour Inspectorate

     Actions and decisions of inspectors of the State Labour Inspectorate may be appealed against to the chief state labour inspector or to the administrative court in the manner prescribed by the Law on Administrative Proceedings. Decisions of the chief state labour inspector may be appealed against to the administrative court.

                                                                                   CHAPTER FOUR

                                  PROCEDURE FOR CONDUCTING INSPECTIONS

        Article 11. Inspection

      1. While inspecting the employer, inspectors of the State Labour Inspectorate shall notify the employer‘s representative of the inspection if the inspector is of the opinion that such notification does not impair the discharge of his official duties.

      2. Inspectors of the State Labour Inspectorate shall notify the workers’ representatives of their arrival if the inspection is carried out on the request of workers’ representatives.

      3. Employers must provide conditions for inspectors of the State Labour Inspectorate, discharging their official duties as well as specialists called upon thereof and performing control measurements of parameters of working environment, or carrying out expert examinations in relation with investigation of accidents at work or occupational diseases.

      4. Inspectors of the State Labour Inspectorate, upon carrying out the inspection and identifying of violations of labour laws as well as standard acts on occupational safety and health, following the established procedure shall draw up documents of the set form (ordinance,  protocol, statement, decision, etc.). They are presented to the employer‘s representative or a person authorised by the employer for signing or posted by mail.

      5. Workers‘ representatives shall be acquainted with the results of inspection and drawn up documents upon their request.

      6. Ordinances and instructions of inspectors of the State Labour Inspectorate shall be obligatory. Persons who do not comply with requirements of inspectors of the State Labour Inspectorate shall be held liable under law.

      7. Procedure for conducting inspections shall be established by the Regulations on the State Labour Inspectorate approved by the Minister of Social Security and Labour.

        Article 12. Indemnity of expenses for expert examinations

      Expenses for expert examinations appointed by the State Labour Inspectorate, related with the investigation of occupational diseases and accidents at work, provided that they are not carried out by State agencies, shall be paid by the State Labour Inspectorate with the funds appropriated to it for this purpose from the state budget.

                                                                                    CHAPTER FIVE

                                                                FINAL PROVISIONS

           Article 13. Relations of the State Labour Inspectorate with other entities

        The State Labour Inspectorate, while carrying out its functions, shall cooperate and exchange information with state and municipal institutions as well as establishments, trade unions, labour councils, organisations of employers and analogous authorities of other countries.

           Article 14. Entry into force of this Law

        1. This Law shall enter into force from 1 January 2004.

        2. Upon entry into force of this Law, the following standard acts shall become invalid:

        1) the Law on the State Labour Inspectorate of the Republic of Lithuania (Official Gazette, 1994, Nr. 87-1644);

       2) the Law of the Republic of Lithuania amending and supplementing Articles 6 and 15 of the Law on  the State Labour Inspectorate (Official Gazette,1996, Nr. 41-987);

      3) the Law of the Republic of Lithuania amending Article 6 of the Law on the State Labour Inspectorate (Official Gazette, 1997, Nr. 67-1654);

      4) the Law of the Republic of Lithuania amending and supplementing Articles 4, 5, 6, 7, 8, 12, 13, 15, 18, 21, 25 of the Law on the State Labour Inspectorate (Official Gazette, 1998, Nr. 98-2712);

      5) the Law of the Republic of Lithuania amending Article 11 of the Law on the State Labour Inspectorate (Official Gazette, 1999, Nr. 33-952);

      6) the Law of the Republic of Lithuania supplementing Articles 7 and 8 of the Law on the State Labour Inspectorate (Official Gazette, 2000, Nr.61-1829).

        I promulgate this Law enacted  by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC                                                                                                ROLANDAS PAKSAS

Starting from the reestablishment, the State Labour Inspectorate actively tried to take up the working methods of the European countries, based on the provisions that in enterprises employers are primarily responsible for the establishment of the system ensuring occupational safety and health, its implementation, improvement, by identifying hazards at work as well as assessing risks, and ensuring the ongoing operation of this system. Therefore already in May 1993 the first training course was arranged, where lectures were given by the experts from the International Labour Organisation and Denmark. In the course of all the years of reestablishment of the State Labour Inspectorate, Lithuanian labour inspectors were widely and extensively trained under training programmes prepared by experts from Denmark, Sweden, Norway, Germany, France, United Kingdom and other countries as well as PHARE programme. The State Labour Inspectorate has covered a long and complicated road in the international activities – from the first seminar in 1993 till participation in the seminars and conferences organised by other countries: presentations delivered in Nicosia, London, Wroclaw, Stockholm, Paris, Tallinn, Riga, etc.
Before Lithuania entered EU, inspection visits to enterprises of Lithuanian labour inspectors were observed by the group of specialists from four countries, constituted by the Senior Labour Inspectors Committee, making the evaluation of labour inspection systems of candidate countries. Both the inspections and general activities were evaluated positively and it was stated that the State Labour Inspectorate of the Republic of Lithuania fully complies with the standards of labour inspectorates operating in the EU countries.
The State Labour Inspectorate is a member of the International Association of Labour Inspection (IALI) from 1994, and from 1995 – a member of Senior Labour Inspectors Committee (SLIC), and maintains contacts with analogous establishments and institutions from other countries. Cooperation agreements are signed with labour inspectorates of Poland, Latvia, and Estonia. 
With Lithuania‘s membership in the EU, according to the new status representatives of the State Labour Inspectorate are actively involved in the international working groups on concrete issues of occupational safety and health (,,Machinery“, ,,Enforcement“, ,,Common principles of inspection“, ,,European strategy. Activity programme project“, ,,Efficiency indicators of Labour Inspectorate“, ,,European construction campaign“, ,,Asbestos“, etc.), various campaigns, evaluation of inspection systems of other countries. Currently 14 specialists of the State Labour Inspectorate participate in the activities of various EU working groups.


The competence improvement visit to Nordic countries 2018

Labour disputes

A worker posted in the Republic of Lithuania shall have an option to protect their infringed rights by filing an application with a labour dispute commission.

What is a labour dispute commission? 
A labour dispute commission is a mandatory institution for hearing labour disputes on the law and for resolution of individual labour disputes and collective labour disputes on the law. Labour dispute commissions function under the territorial divisions of the State Labour Inspectorate. At present, there are 22 labour dispute commissions: 8 in Vilnius, 4 in Kaunas, 3 in Klaipėda, 2 in Šiauliai, 2 in Panevėžys, 2 in Alytus and 1 in Telšiai. Utena and Tauragė counties are served, respectively, by the Panevėžys and Telšiai labour dispute commissions while Marijampolė, Birštonas, Prienai and Kalvarija counties are served by the Alytus labour dispute commission.  From July 1st of 2017, after new Labor Code came into force, the Labor Dispute Commettee also deals with disputes concerning the dismissal of a worker, legality of removal from work, and non-pecuniary damage, which was previously settled by the courts.

What is an individual labour dispute?
An individual labour dispute over the law is a disagreement between an employee or other parties of employment relations, one party, and an employer, the other party, arising from the conclusion, amendment, execution or termination of an employment contract, also due to failure to (properly) follow the provisions of labour law in employment relations between the employer and the employee. A party to a labour dispute may also be a former employee, a person who expressed willingness to enter into a labour agreement and was refused, or a person entitled to a remuneration of an employee or other payments related to employment relations.
For example, the disputes may arise over unpaid remuneration, legitimacy of dismissal, removal from work, failure to compensate material damages or grant leave, etc.

What is a collective labour dispute about the law? 
A collective labour dispute about the law is a disagreement between the representatives of workers, one party, and an employer or employer organisations, the other party, over the default provisions of labour law or mutual agreements.

Who can file a case with a labour dispute commission? 
The application can be filed with a labour dispute commission both by workers (or worker groups) and employees, representatives of trade unions or employer organisations, whenever their rights are infringed.

What is the period for filing a labour dispute with a commission?
Within 3 months or, in case of unjustified removal or dismissal from work and violations of a collective agreement, within 1 month of finding out (or when they should have found out) about the violation of rights. The missed period for filing an application may be extended by a decision of the labour dispute commission if the commission finds that the reasons stated in the application are justified. If the commission makes a decision not to extend the filing period, a claim may be filed at a court within one month of the decision of the labour dispute commission concerning the court hearing of the dispute in law.

 

What documentation should be submitted with an application to hear a labour dispute? 
The key document is a detailed description of the situation in the prescribed form. Such an application is filed in Lithuanian, in writing or by email and signed electronically; the commission must also be provided with other documents, such as employment contracts, remuneration payment slips, work schedules, and work-time records.

How are labour disputes heard and how are decisions made?
After receiving an application from an employee or employer, the labour dispute commission will review the provided documentation and, if needed, interview company employees and collect other necessary information. On a scheduled date, both parties to the labour dispute (employer and employee) will be invited to the commission hearing. The purpose of the hearing is to reconcile both parties. In case of failure to reconcile, the commission shall vote on a decision. All members of the commission have equal votes, i.e. none of them have a casting vote. The commission may also make a decision in absentia of the parties.

What is the period for the resolution of a labour dispute? 
The commission must resolve a labour dispute within one (1) month from the receipt of the application. In individual cases this term might be extended for one (1) month more.

Is there a fee charged for the resolution of labour disputes?
No, this procedure is provided by the state free of charge.

How are the interests of employees and employers represented?
To ensure the effective and transparent resolution of labour disputes, a labour dispute commission consists both of the representatives of employer organisations and trade unions. They are appointed in rotation from a list approved by the Chief State Labour Inspector of the Republic of Lithuania.

What decisions can be made by the labour dispute commission?
The labour dispute commission shall have the right to: 1) oblige the other party to restore rights that were violated due to a breach of the provisions of labour law or mutual agreements; 2) award compensation for material or non-material damage, or, in cases provided for in the provisions of the labour law or agreements, payment of penalties or interest; 3) terminate or modify the legal relations; 4) oblige actions specified in other laws or the labour law provisions.

What should be done if a party is not satisfied with the decision of the labour dispute commission? 
The decisions of the labour dispute commission are binding on the parties and enforceable per civil procedure regulations. But if an employee or an employer disagrees with a decision of the labour dispute commission, they may file a case with a court where the dispute will be heard once again.

How to access a labour law case file?
 The parties to a labour law case or their representatives shall have access to the case file on work days, except on the day of the court hearing. The case file may be reviewed on the premises of the State Labour Inspectorate (SLI), at the time agreed in advance with the chairperson or secretary of the labour dispute commission (or, in their absence, with the head of the division of work organisation of labour dispute commissions of the SLI or another authorised person).
The case material must stay on the premises of the SLI at all times. Persons wishing to review a case file must present their identity document and the representatives must present proof of their right to review a case file, sign on the back of the case, and state the review date and time. Persons reviewing a case file shall be prohibited from bending the pages, making notes, striking out or underlining, tearing or causing any other damage to the case file.
If persons entitled to review a case file need to make copies of the documents in the case file, they must submit a request in writing and obtain the permission of the chairperson of the labour dispute commission to make copies of such documents. After permission to make copies of the case file is received, these copies shall be produced no later than within three (3) work days.
Please note that the safety, confidentiality, non-disclosure and/or prevention of the use of data provided by the SLI for unintended purposes shall be the responsibility of the subject who received such data, as provided for by law.

Is a decision of the labour dispute commission taken into consideration by a court hearing the labour dispute?
The court is independent when making decisions; the court will rule solely based on the merits of the case. Nevertheless, when making a decision, a judge may refer to the material collected by the labour dispute commission in the dispute in question and to the decision of the labour dispute commission.

The contact details of labour dispute boards (Lith. DGK):

Vilniaus I DGK - (8 5) 210 4733
Vilniaus II DGK - (8 5) 2104746
Vilniaus III DGK - (8 5) 210 4731
Vilniaus IV DGK - (8 5) 233 7839
Vilniaus V DGK - (8 5) 210 4742
Vilniaus VI DGK - (8 5) 233 7839
Vilniaus VII DGK - (8 5) 260 3384
Vilniaus VIII DGK  - (8 5) 210 4742
Kauno I DGK - (8 37) 328 166
Kauno II DGK - (8 37) 328 170
Kauno III DGK - (8 37) 328 184
Kauno IV DGK - (8 37) 32 81 71
Klaipėdos I DGK - (8 46) 495 545
Klaipėdos II DGK - (8 46) 494 759
Klaipėdos III DGK - (846) 210 207
Šiaulių I DGK - (8 41) 524 633
Šiaulių II DGK - (841) 524634
Panevėžio I DGK - (8 45) 433 615
Panevėžio II DGK- (8 45) 469 166
Alytaus DGK - (8 315) 75 320
Telšių DGK - (8 444) 60 664
Alytaus II DGK - (8 315) 61150