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Remuneration

Definition and structure of remuneration

The remuneration of staff working at companies, institutions and organisations under employment contracts are regulated by the Labour Code of the Republic of Lithuania.
The Labour Code stipulates that remuneration constitutes pay for work carried out by a worker under an employment contract. The wage or salary of a staff member consists of:
1) The base remuneration (base rate), i.e. an hourly rate or a monthly salary, or a fixed part of a job-based salary.
2) The additional part of a remuneration set by agreement between the parties or paid on the basis of the provisions of labour law or the remuneration framework applicable at the workplace.
3) Bonuses for acquired qualifications.
4) Bonus payments for additional work or additional duties or tasks.
5) Premiums for completed work agreed on between parties or paid on the basis of provisions of labour law or the remuneration framework applicable at the workplace.
6) Premiums awarded by an employer at their own initiative as an incentive for employees’ good work, their activity or results, or those of a company, establishment or an employee group.
When calculating average remuneration, all listed constituent parts of the salary or wage are included with the exception of bonuses paid at an employer’s initiative.
Wages and salaries must be paid in monetary form Services or goods provided by an employer cannot be deemed payment of a remuneration.
Each employment contract must include remuneration per month (monthly salary) or remuneration per hour (hourly rate), except when it is provided for in the provisions of labour law, in which case an employment contract must include a reference to the corresponding provision of labour law.
Remuneration constitutes a mandatory clause in an employment contract. It may only be amended with the written consent of an employee. An employee’s refusal to work for reduced remuneration may not be used as legitimate grounds for terminating an employment contract.

Remuneration system and non-discrimination

The Labour Code stipulates that a remuneration system must be determined in a collective agreement. When there is no such collective agreement, in workplaces with an average of 20 or more employees, a remuneration system must be approved by the employer and made available to all employees to review. The remuneration system shall specify:

  • Categories of employees by job descriptions and qualifications and payment forms for each of them.
  • Salary levels (minimum and maximum).
  • Grounds and procedure for awarding additional pay (bonuses and premiums).
  • Procedure for salary or wage-indexing.

Employers are obliged to establish a remuneration system so that any discrimination on sexual or other grounds is prevented, i.e. equal pay for equal work. Equal work means carrying out professional activity that, based on objective criteria, is the same or similar to another professional activity to the extent that the two employees could be swapped without any significant cost to the employer. Equal work means that, based on objective criteria, it requires the same qualifications and is of the same value to the employer in pursuit of the operational goals as other comparable work.
In the implementation of the principles of employee non-discrimination, an employee’s pay without discrimination means non-discriminatory pay and all additional earnings in cash or in kind directly or indirectly received by an employee from an employer for his/her work.

Minimum monthly wage

Minimum monthly wage (minimum hourly rate or minimum monthly wage) is the minimum amount permitted for unqualified work paid to a worker per hour, or for the whole standard working time per calendar month.
The standard working time of an employee is forty hours per week, unless the provisions of labour law establish reduced standard working hours for the employee, or the parties agree on part-time work.
The Labour Code that came into effect on 1 July 2017 established a new provision stating that the minimum monthly wage may only be paid for unqualified work. Unqualified work is work that does not require any special qualifications or professional skills.
The Labour Code stipulates that the minimum hourly rate and minimum monthly wage shall be approved by the Government of the Republic of Lithuania.
An employee’s monthly wage may not be lower than the minimum wage approved by the Government. The collective agreements may provide for higher minimum hourly rates and minimum monthly wages than the ones approved by the Government.
The Government of the Republic of Lithuania in its Resolution No 669 of 3 July 2019 ‘On minimum wage ’ has established (as of 1 January 2020) a minimum monthly wage of EUR 607 and a minimum hourly rate (hereinafter ‘MHR’) of EUR 3.72.

Pay rise

For work on rest days not included in the work (shift) schedule and for work on holidays, at least double the employee's regular rate of pay shall be paid.
For work during night shifts and for overtime work, at least one and one-half times the employee’s regular rate of pay shall be paid.
For overtime work on a rest day not included in the work (shift) schedule or for overtime during a night shift, at least double the employee's regular rate of pay shall be paid, while for overtime work on holidays, at least two and a-half times the employee’s regular rate of pay shall be paid.
At an employee's request, work time on rest days or holidays, or overtime multiplied by 1.5, 2.0 or 2.5, respectively, may be added to the time of annual leave.
For work not carried out under normal working conditions and when the scope of work is increased, an increased amount, compared to normal working conditions, shall be paid; specific amounts shall be provided for in collective agreements and employment contracts.
Employees working on the move or in outdoor conditions, or whose work is related to travelling or driving will be compensated based on related higher expenses for the actual time spent performing this type of work. Such compensation is not to exceed 50% of the base pay (base rate) and is paid when an employee does not receive any mission expenses.

Procedure for remuneration payment

At least once per month, an employer must provide an employee in writing or electronically with a record of the calculated, paid and deducted amounts and hours worked, with a separate indication of overtime hours worked.
The remuneration shall be paid to employees at least twice a month or once a month if requested by an employee. In any case, the remuneration for a calendar month may not be paid later than ten work days after the end of that month, unless provided otherwise in the provisions of labour law or the employment contract.
Deductions from an employee’s remuneration may only be made in cases provided for in the Labour Code or other legislation.
The Labour Code provides for the following cases when deductions are allowed:
1) To recover amounts assigned to the employee and not used as intended.
2) To recover amounts overpaid due to calculation errors.
3) To compensate the employer for damages caused to them through the fault of the employee.
4) To recover holiday pay for holidays in excess of the right to the entire duration or part of annual leave, when the employment contract is terminated by the employee without good reason (Art. 55 of the Labour Code) or by the employer through the fault of the employee (Art. 58 of the Labour Code).

Late payment of remuneration and other payments due to employment relations

When the payment of remuneration or other payments related to employment relations is falling behind due to the fault of the employer, in addition, the employee shall be paid a late fee in the amount approved by the Minister of Social Security and Labour of the Republic of Lithuania, unless a higher late fee is set in the provisions of labour law. Currently, the approved rate for the late fee is 0.07%. The late fee shall be calculated from the day following the day when a respective payment should have been made.
In the case of the employer’s bankruptcy proceedings or an out-of-court bankruptcy procedure, calculation of the late fee shall cease when a court order on bankruptcy proceedings comes into effect or from the day of the creditors’ meeting where a decision is made to initiate an out-of-court bankruptcy procedure.

Standard working time

The standard working time is the duration of time that an employee on average must work for an employer over a certain period of time in order to be able to fulfil their obligations under the employment contract (not including extra work and overtime); it must be specified in the employment contract.

The standard working time of an employee is 40 hours per week, unless labour law provides for a reduced standard working time for that employee or the parties agree on part-time work.

Work schedule

This refers to the distribution of standard working time over a work day (shift), week, month or other reference period which may not exceed three consecutive months.
Unless otherwise provided for in labour law or an employment contract, the work schedule for one or several workers (worker group) or all workers at the workplace shall be set by the employer using one of the following work schedule types:

  • Fixed work day (shift) length and a number of weekly work days.
  • Annualised hours when the standard working time for the entire reference period is completed within the reference period.
  • Flexible work schedule when an employee must be present at work during fixed hours of a work day (shift) but is able to complete other hours of that day (shift) before or after the fixed hours.
  • Split-shift work day schedule when work is completed within the same day (shift) with a break to rest and eat which is longer than the established maximum length of the break for resting and eating.
  • Individual work schedule.

Unless otherwise stipulated, it shall be deemed that a work schedule is completed over a reference period of one week of five work days, each with an equal number of working hours.

Maximum working time requirements

The standard working time of an employee is 40 hours a week.

Average working time, including overtime excluding work under an agreement on additional work may not exceed forty-eight hours during each seven-day period.

Working time, including overtime and work under an agreement on additional work, may not exceed twelve hours, excluding a lunch break, during a work day (shift) and sixty hours during each seven-day period.

Night-shift workers, pregnant, who recently gave birth, and breastfeeding workers, and workers under 18 years of age are subject to special work schedules, as provided for in the Law on Occupational Health and Safety of the Republic of Lithuania.

The number of work days may not exceed six days during a period of seven consecutive days.

Overtime of 8 working hours or, with the written consent of an employee, of 12 working hours a week may not be exceeded within a period of 7 consecutive calendar days. In such cases, a maximum average working time duration of 48 hours a week (calculated over the reference period) may not be exceeded.

When an annualisation system is used, up to 52 hours may be worked within a seven-day period, but the number of working hours for the entire reference period should be ‘evened out’ to match a regular 40-hour work week.

Annualisation system

This is a type of work schedule in which standard working time for an entire reference period (which may not exceed three consecutive months) is completed within the reference period. Annualisation systems are implemented when necessary, after notifying and consulting on the procedure with a work council and considering the opinion of a trade union acting at the level of the employer.
 If an annualisation system is used, work is completed over the time specified in the work (shift) schedule, observing the maximum working time requirements. Work (shift) schedules must be planned so as not to exceed the maximum number of 52 hours within each seven-day period.
Work (shift) schedules should be communicated to staff no later than 7 days in advance of their introduction. They can only be changed in circumstances beyond the employer’s control and by notifying employees about it two (2) work days in advance. Work (shift) schedules shall be approved by the administration that coordinates the work (shift) scheduling procedure with a work council or, if there is none, with a trade union acting at the level of the employer, or by following the procedure provided for in the collective agreement.

Work (shifts) must be scheduled not to exceed the maximum number of 52 hours within each seven-day period, with the exception of work under an agreement on additional work or being on duty. The employer must ensure an even distribution of shifts. Workers with children under 3 years of age are entitled to choose a work shift with 2 days’ notice; workers with children under 7 years of age may do the same if this option is available.
Employers must schedule work (shifts) in such a way as to evenly distribute the working time of employees over the reference period as much as possible. Scheduling an employee to work two consecutive shifts shall be prohibited.
If at the end of the reference period an employee has not completed their total standard working time for the entire reference period due to their work schedule, they are paid half of their pay due for uncompleted standard working time.
If at the end of the reference period an employee has completed more hours than the total standard working time for the entire reference period, the working time in excess of their standard working time shall be paid as overtime work or, at the request of the employee, excess working hours multiplied by the factor of 1.5 shall be added to annual leave.
When an annualisation system is applied, wages are paid for hours actually worked, with the exception of cases in which, at the end of the reference period, an employee has not completed their total standard working time for the entire reference period due to their work schedule and in which at the end of the reference period an employee has completed more hours than the total standard working time for the entire reference period. The employee is entitled to be paid a fixed salary for each month of the reference period, disregarding the actual completed standard working time, and for the completion of the final payment for work carried out over the reference period based on the actual data on the last month of the reference period.

Reduced standard working time

A 36-hour weekly standard working time shall be established for:
- Teachers working in general education, formal vocational training and informal education curricula.
- Teachers working at pre-schools, general educational institutions, children’s social centres and care centres for infants with developmental disabilities.
- Speech therapists, special education and special needs teachers working at pre-schools, general educational institutions and foster-care institutions.
- Professors at higher-education institutions.
- Concert-masters and accompanists working at schools, art educators working at pre-school and foster care institutions.
- School social workers.
A 36-hour weekly standard working time shall be established for pharmaceutical specialists when their job description includes one or more of the following activities:
- Quality control (analysis) of medicinal products and substances.
- Production of medicinal products and substances.
- Packaging of medicinal products and substances.
- Receiving and/or fulfilling medicinal product orders.
- Dispensing (selling) medicinal products and substances at pharmacies.

A 37-hour weekly standard working time shall be established for:
- Health care professionals working at urgent care units where this is their major function under their job description.
- Health care professionals holding a mandatory licence for carrying out or taking part in respective operations when this is their major function under their job description.
- Health care professionals working at health care institutions with patients subject to forced hospitalisation, forced diagnostics or forced treatment, or at health care units or services of prisons, correctional facilities and detention facilities.

For health care professionals providing health care services and their co-workers who are working in direct service of patients or in the same conditions and who are not included in the list of workers subject to 37-hour weekly standard working time, a 38-hour weekly standard working time shall be established.

A standard weekly working time of no longer than 36 hours (reduced standard working time) shall be established for workers working in an environment where, after assessment of professional risks, the values of chemical working environment factors (among them carcinogens and mutagens), physical working environment factors or ergonomic working environment factors are in excess of permitted thresholds (amounts) and where there is no possibility of reducing these values to a safe level using technical or other measures.

The work duration per day shall be set based on the chosen work schedule type.
Staff working on a reduced work schedule shall be compensated the same as for a full-time job.
Staff working on a reduced work schedule and subject to output quotas (paid per piece-rate) shall be paid for the number of hours that their working time was reduced by, compared to full-time hours, based on an hourly rate (monthly salary) set for that employee.

Overtime

This is the time that an employee actually works over and above the total duration of the working time of a work day (shift) or reference period established for them in their work schedule.
An employer may instruct an employee to work overtime only with the employee’s consent, except for extraordinary cases in which:

  • Unforeseen work necessary for the public interest is carried out or is sought to prevent disasters, dangers, accidents, or potential disasters, or to eliminate the immediate consequences thereof.
  • It is necessary to complete work or remedy a fault potentially causing the suspension of work of a large number of employees or deterioration of materials, products, or installations.
  • It is provided for in the collective agreement.

Overtime periods of 8 working hours may not be exceeded within a period of 7 consecutive calendar days, unless an employee gives consent in writing to work up to 12 overtime hours per week. In such cases, the maximum average working time duration of 48 hours a week (calculated over the reference period) shall not be exceeded. The maximum amount of overtime is 180 hours per year. More overtime may be agreed upon in a collective agreement.
When working overtime, the maximum working time and minimum rest time requirements must be observed.

Minimum rest requirements

A work schedule must meet the following minimum rest time requirements:
- Over the work day (shift) an employee shall be given breaks to meet their physiological needs, as needed, and special breaks when working outdoors (for workers working outdoors at ambient temperatures under –10 oC and working in unheated premises at ambient temperatures under +4 oC, special breaks shall be granted at least every 1.5 hours), under conditions of professional risk, and when doing physically- or mentally-demanding work (special breaks on these grounds must be given, taking into account the level and nature of professional risk as determined in professional risk assessment documents, at least every 1.5 hours); the minimum duration of special breaks over a work day (shift) must be at least 40 minutes.
- After no more than 5 hours of work, the worker must be given a lunch break to rest and eat. This break must be at least 30-minutes long but may not exceed two (2) hours, unless the parties agree on a split-shift work day schedule. A worker may leave their workplace during the lunch break.
- The daily continuous rest period between work days (shifts) must be at least 11 consecutive hours and over a period of seven (7) consecutive days a worker must be granted a continuous rest period of at least 35 hours. If the work day (shift) lasts over 12 hours but does not exceed 24 hours, the continuous rest time between work days (shifts) must be at least 24 hours.
- If the worker is on duty for 24 hours, the rest period should be for at least 24 hours.

The duration of breaks, their beginning and end, and other conditions shall be established in the provisions of labour law and work day (shift) schedules. For workers carrying out work that does not allow for a break for resting and eating due to production conditions, an opportunity must be offered for them to eat during their working time.

Annual leave is a period free from work given to a worker to rest and restore their capacity to work. All employees are guaranteed average remuneration during annual leave (leave allowance).
Minimum annual leave is an annual leave of at least 20 work days (for a 5-day week) or at least 24 work days (for a 6-day week). If the work week is shorter or different, a worker must be given leave of at least four (4) weeks.
Workers under 18 years of age, those single-handedly raising children under 14 years of age or a disabled child under 18 years of age and disabled workers shall be given an annual leave of 25 work days (for a 5-day week) or an annual leave of 30 work days (for a 6-day week). If the work week is shorter or different, a worker must be given leave of five (5) weeks.

Every employer must implement principles of gender equality and non-discrimination on any other grounds. This means that no matter the type of employment relations between an employer and an employee, any direct or indirect discrimination, bullying, sexual harassment, instruction to discriminate on the grounds of sex, race, nationality, language, origin, social status, age, sexual orientation, disability, health condition, ethnicity, membership to a political party or association, religion, faith, beliefs or creed, with the exception of cases of religious practices, faith or beliefs of persons employed with religious communities, societies or centres, when employee requirements relating to religious beliefs and practices are usual, legitimate and justified with regard to the ethos of such religious communities, societies or centres, and on the grounds of intentions of having children and circumstances not related to the professional qualities of workers and any other grounds provided for in the laws shall be prohibited.

When implementing the principle of gender equality and non-discrimination on other grounds, an employer, irrespective of employee sex, race, nationality, language, origin, social status, age, sexual orientation, disability, health conditions, ethnicity, religion, faith, beliefs or creed, with exception of cases of religious practices, faith or beliefs of persons employed with religious communities, societies or centres, when requirements for employees related to their religious beliefs and practices are usual, legitimate and justified with regards to the ethos of such religious communities, societies or centres, and also on the grounds of intentions of having children and circumstances not related to the professional qualities of workers and any other grounds provided for in the laws, must:
1) Apply equal selection criteria and conditions when hiring.
2) Ensure equal working conditions and opportunities to improve qualification, pursue professional development, requalification and obtaining practical work experience, and also ensure equal benefits.
3) Apply equal criteria for work evaluation and dismissal from work.
4) Ensure equal pay for the same work and work of equal value.
5) Take measures to prevent employee bullying, and sexual harassment, provide instructions about workplace discrimination, avoiding retaliation, and ensuring protection against hostile behaviour or negative consequences after complaints or lawsuits are filed for discrimination.
6) Take appropriate measures to facilitate the employment, work, career or training of disabled persons, including the adaptation of suitable facilities, unless such measures would disproportionately hinder the duties of the employer.

Employers with over fifty (50) employees on average must additionally adopt and publish (using usual workplace channels) measures for implementing equal opportunity and enforcement policies.

Before such measures are adopted and published, procedures for notification and consultation with worker representatives must be completed.

During periods of temporary employment, the temporary work user enterprise must ensure that 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.

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.
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.

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.

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.

An employer under the jurisdiction of a foreign country posting a worker for temporary work in the Republic of Lithuania, for a period longer than 30 days or to carry out construction work provided for in the Law on Construction of the Republic of Lithuania must submit a notification about a posted worker and applicable guarantees (working conditions) to the State Labour Inspectorate in Lithuanian or English before the posted worker begins working in the Republic of Lithuania. Such notification shall be provided electronically, by completing the ‘Notification on a posted worker form’ on the website of the State Labour Inspectorate. This notification form contains information about an employer posting a worker, information about a posted worker, information about a natural or legal person accepting a posted worker, information about the posting and specific guarantees (working conditions) applicable to the posted worker.
If, after the notification on a posted worker is submitted, there is a change in working conditions and/or duration of the posting, other circumstances of the posting of the posted worker, the employer must submit an amended notification on posted workers to the State Labour Inspectorate within one work day of the change to the posting conditions. Such notification shall also be submitted electronically, by completing a ‘Notification on a posted worker form’ on the website of the State Labour Inspectorate and indicating that this is an amended notification.

 

NOTIFICATION ON A POSTED WORKER

 

1. Nature of notification:

      Original notification (submitted before the posted worker starts working in the Republic of Lithuania)
      Amended notification replacing the original notification

2. Information about the employer posting the worker

Name and registration number of a legal person / forename, surname of a natural person

Office address (if the employer is a natural person, then actual residential address)

Telephone number

Email address

Type of operation

A contact person appointed by the employer for contacts with the State Labour Inspectorate under the Ministry of Social Security and Labour of the Republic of Lithuania, authorised to received documents sent to the employer, his/her contact information (forename, surname, phone number, email address)

A contact person appointed by the employer for contacts with social partners with regards to their proposals to participate in collective bargaining in the Republic in Lithuania over the period of provision of services in the Republic of Lithuania, his/her contact information (forename, surname, phone number, email address)

 

3. Information about a posted worker

Forename(s)

Surname(s)

Date of birth

Nationality(ies)

Identity document

Expiration date

Series No.

Profession, specialisation, qualification

Work functions

Is the posted worker going to replace another posted worker carrying out the same work at the same location of performance of functions __________________________________________________________
(answer ‘yes’ or ‘no’; if ‘yes’, provide the name and surname of the worker to be replaced)

Posted worker will be covered by social insurance ______________________
(specify country)

Is the posted worker travelling to the Republic of Lithuania in possession of a certificate on applicable social security legislation _________________________________________________
(answer ‘yes’ or ‘no’)

 

4. Information about the natural and legal person(s) receiving the posted worker

Name and registration number of the legal person / forename, surname of the natural person

Office address (if the posted worker is received by a natural person, then actual residential address)

Telephone number

Email address

Type of operation

5. Information about a posting

Grounds for posting (according to Article 108(1) of the Labour Code of the Republic of Lithuania)

posting start and end dates (year, month, day)

Planned posting period (number of months and days)

Location of performance of work functions during the posting (address)

Obligations / work functions of the posted worker

Place for keeping work documents (employment contract, information about remuneration, documentary proof of remuneration calculation and payment (as specified in legislation on employers posting such workers), copies of work time tracking sheets) of posted workers.

6. Guarantees applicable to posted workers (indicate specific applicable guarantees)

Duration of maximum working time and minimum rest time

Duration of minimum paid annual leave

Remuneration (road transport drivers transporting loads and/or passengers on international routes are subject to minimum wage), including an increased payment for overtime work, night work and work on rest days and holidays

Prohibition of discrimination at work

Occupational Health and Safety

Safety at work for persons under 18 years, pregnant, who recently gave birth, and breastfeeding workers (if applicable)

Working conditions of temporary workers (if applicable)

Conditions of worker accommodation when provided by an employer to workers on a non-permanent employment (if applicable) (not applicable to road transport drivers transporting loads and/or passengers on international routes)

Compensation of additional expenses (transportation, travelling and other expenses) for travelling to and from a primary location of work functions within the Republic of Lithuania (if applicable) (not applicable to road transport drivers transporting loads and/or passengers on international routes)

Compensation of additional expenses (transportation, travelling, accommodation and other expenses) posted in the Republic of Lithuania and abroad (when travelling in other cases than those provided for in Article 108(1) of the Labour Code of the Republic of Lithuania) (if applicable) (not applicable to road transport drivers transporting loads and/or passengers on international routes)

Other applicable guarantees

Other additional guaranties applied to postings of longer than 12 or 18 months (if extended) (not applicable to road transport drivers transporting loads and/or passengers on international routes)

_________________________

____________

(employer, natural person or

(forename and surname)

employer’s representative)

 

 

The procedure for the submission of information about posted workers and applicable guarantees 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 version of Order No A1-633 of 3 July 2020 of the Minister of Social Security of Labour of the Republic of Lithuania).

The temporary residential premises provided to employees by employers due to workplace mobility must meet minimum comforts and hygiene requirements.

Comfort and hygiene requirements for temporary worker accommodation shall be established in ‘The regulations on setting up workplaces at construction sites’ approved by the Minister of the Social Security and Labour and other legislation regulating hygiene requirements for residential premises.

Premises for workers’ rest areas and/or accommodation at construction sites: taking into consideration the long distance from the place of residence to the construction site, nature of work and number of workers, premises for rest areas and/or accommodation must be easily accessible to workers; taking into consideration the number of workers, such premises should be spacious enough and furnished with a proper number of tables and chairs; residential premises for worker accommodation with the exception of those reserved for exceptional cases must be equipped with a proper number of sanitary installations, with a dining room and a rest area; the residential premises must be equipped with beds, cabinets, tables and chairs based on the number of workers; when allocating accommodation, female and male needs have to be taken into account; rest areas and/or residential premises must ensure protection of non-smokers against tobacco fumes.

The Lithuanian Hygiene Standard HN 42-2009 ‘Micro climate parameters in the premises of residential and public buildings’ provides for the micro climate parameters in the premises of residential and public buildings and general requirements for measurement and control of micro climate parameters. Other hygiene standards approved by orders of the Minister of Health of the Republic of Lithuania might provide for special thresholds for micro-climate parameters of certain premises and must be followed in such cases.
The micro climate parameters of residential premises are as follows: air temperature, temperature differences, relative humidity and air movement speed. Their threshold values:

It. No.

Micro-climate parameters

Threshold values

Cold season

Warm season

1.

Air temperature, °C

18–22

18–28

2.

Temperature differences at 0.1 m and 1.1 m above floor level, max. °C

3

3

3.

Relative humidity, %

35–60

35–65

4.

Air movement speed, m/s

0.05–0.15

0.15-0.25

 

Seasonal work
A third-country national planning to do seasonal work in the Republic of Lithuania must have proper accommodation with a residential area per person of at least 7 m2. The State Labour Inspectorate shall oversee whether accommodation procured for a non-national during the period of a permit to do seasonal work is in line with this requirement.

Lithuania does not have a system for proclaiming collective agreements as universally applicable therefore, an extended application of collective agreements of a level superior to that of the employer meeting the criteria provided for in paragraphs 2 and 3 of Article 3(8) of Directive (EU) 2018/957 was chosen, i.e. provisions of national (interindustry), territorial and industrial (production, service, professional) collective agreements or their individual provisions of extended application must be followed.

At present, there are no national (interindustry), territorial and industrial (production, service, professional) collective agreements or individual provisions of extended application.

Application of employer-level collective bargaining agreements
The provisions of employer-level collective agreements shall only apply to temporary workers and only to the extent that is necessary to ensure the application of non-discrimination principle for those workers (per Article 5 of Directive 2008/104/EC). The following provisions
shall apply: 1) 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; 2) prohibition of discrimination on the grounds of sex, sexual orientation, race, nationality, language, origin, citizenship and social status, faith, family status, intentions on having children, beliefs or creed, membership in political parties and associations, and age; 3) 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 if the temporary work user enterprise had employed temporary workers under an employment contract for the same job; except where temporary workers working under temporary employment contracts for an indefinite term receive remuneration from the temporary-work agency for in-between assignments, and the amount of that remuneration for in-between assignments is the equivalent.

 

Social partners

Representatives of professional unions

Lithuanian Trade Union Confederation www.lpsk.lt
Lithuanian Trade Union ‘Sandrauga’ www.sandrauga.lt
Lithuanian Trade Union ‘Solidarumas’ www.lps.lt
Lithuanian Trade Union Alliance www.lvps.lt (road transport domain)
Lithuanian Transport Workers’ Trade Union Forum (ltdpsforumas@gmail.com) (road transport domain)
Driver Trade Union www.vairuotojuprofsajunga.lt (road transport domain)

Representatives of employer organisations
‘Investors’ Forum’ Association www.investorsforum.lt
Lithuanian Employer Confederation www.darbdaviai.org
Lithuanian Confederation of Industrialists www.lpk.lt
Lithuanian Chamber of Commerce, Industrial and Craft www.chambers.lt
Lithuanian Business Confederation www.lvk.lt
Lithuanian Chamber of Agriculture www.zur.lt
Lithuanian National Road Carriers Association ‘Linava’ www.linava.lt (road transport domain)
Lithuanian Carriers Union www.vezejas.eu (road transport domain)

 

Each worker must be provided with working conditions free of health and safety risks. The workplace and workplace environment of each worker must meet the requirements of the occupational health and safety legislation. Workplaces must be set up so that workers are protected against possible injuries and against harmful or dangerous risk factors in their working environment. Physical capabilities of workers must be taken into consideration when setting up workplaces. Work premises, workplaces and territory of the company where there are risks to worker safety must be marked using signs provided for in occupational health and safety legislation. Only work equipment in good technical condition and meeting requirements of occupational health and safety legislation must be used at the company. Work equipment must be designed, made and installed so as to prevent workers from entering the danger zones of work tools, especially zones with moving parts; very hot or very cold surfaces of work tools must be isolated; control devices of work tools must meet ergonomic requirements; measures must be taken to prevent the work tool from accidentally starting up and to allow its immediate shut down; the noise, vibration and other environmental pollution caused by work tools must be within the thresholds established in hygiene standards.
Employers cannot demand workers to start performing work assign to them at the company before they are instructed and/or trained to do it safely. Workers shall be instructed in line with their workplace or assigned work, when being hired, transferred to another work or workplace, when starting to use new or updated work tools and new technologies. If workers lack professional skills and knowledge provided through instruction to be able to work safely and without harm to their health, the person representing such workers or a person authorised by the employer shall organise training for the workers at the workplace, the company or school or other educational institution taking into consideration harmful and/or dangerous factors to which workers are exposed. Workers who, under agreement between employers, are sent for temporary work from one company to another, cannot start working before they are informed about present and potential risk factors at the company they are sent to work at and before they are instructed on how to work safely in a specific workplace, even if they were instructed and trained on safe work practice at their permanent place of employment. Workers sent to work at another company must also be informed about such company’s employees responsible for provision of first aid, organising rescue operations and evacuation of workers in case of emergencies, natural disasters or fires, and about fire-fighting and evacuation devices; they must also be introduced to employee evacuation schemes. Workers performing work or providing services at other companies and workers performing control functions provided for in the laws or other legislation shall be instructed by their employers. If two or more workers are carrying out work at the same workplace(s), they must organise their work in a way to ensure the health and safety of all workers, irrespective of which employer workers are working for. To protect workers against accidents at work and professional illnesses, employers shall collaborate and coordinate their actions in implementation of provisions of health and safety under work legislation and notify each other, representatives of workers, representatives of workers for occupational health and safety and the workers about potential dangers and risks, and, if needed, draft a description of procedures for coordinating cooperation and actions.
Mandatory employee health checks

An employer shall approve a list of workers subject to mandatory health checks and a schedule of health checks, introduce it to workers and have them signed, and oversee that this schedule is closely followed. In cases when a worker’s health check is not completed as scheduled not through the fault of the worker, such worker shall have the right to refuse to work due to potential health risks. Mandatory health checks shall be carried out during working time. The working time during which worker’s health check is performed shall be compensated to workers at their average remuneration rate.
Mandatory health checks shall apply to the following categories of workers:
1) Workers under 18 shall be check upon employment and periodically, each year until they reach 18 years old.
2) Workers whose evaluation of professional risks at a workplace shows that they are likely to be exposed to potential health and safety risks at work shall be checked upon employment and periodically in accordance with the health check schedule for employees approved at the company.
3) Workers working nights and shifts shall be checked upon employment and periodically in accordance with the health check schedule for employees approved at the company.
4) Workers with disabilities shall be checked upon employment and in case of changes in their working conditions.
Workers experiencing negative health effects from work, or their work environment are entitled to a health check and an employer who may be concerned that a worker’s health may jeopardise the health and safety of that worker or other workers is entitled to arrange a health check for workers at another time than the one scheduled in the health check schedule for employees. The employer must set aside enough time for a worker to have a health check. In cases when a health care institution indicates that work and/or working environment damaged workers’ health, the employer shall pay to such workers their average pay for the time during which they had their health checked at their own initiative.
The procedure for health checks of workers driving land, air and water transport vehicles before leaving for a trip shall be established by the employer.
Workers refusing a scheduled health check shall be removed from work without any pay.

Provision of personal protection equipment to the workers

Installation of collective health and safety work equipment at workplaces and/or work premises must be provided for during the design phase of work or production technological processes by evaluating materials, work tools used at work or production processes and potential risk factors. In case of changes to work or technological processes or starting using materials or work tools, the employer shall, after assessing professional risks, improve the current, and/or install new, collective protective measures, as necessary. If collective protective measures fail to protect workers against risks, the workers must be provided with personal protection equipment. Personal protection equipment shall be given to workers only after evaluating the exposure of risk factors and choosing the most suitable equipment to protect workers against those specific risk factors. Personal protection equipment must be suitable for work, comfortable to use, not pose additional dangers to occupational health and safety, and meet the requirements of occupational health and safety legislation. Persons authorised by the employer shall be responsible for the storage, drying, washing, cleaning, repair and inspection of personal protection equipment as provided for in the documents of specific personal protection equipment provided with such equipment by its manufacturer. If work relates to contamination, the workers must be issued personal hygiene products (soap, towels, etc.) free of charge. If work relates to the use of hazardous chemicals or their products, workers must be issued decontamination products free of charge, taking into consideration information from safety data sheets on the chemicals, the properties of such chemicals, or products and references on the use of decontamination products.

 

Employee rights and obligations

Employee rights:

  • Employees may request employers to ensure that working conditions are free of health and safety risks, install collective protective measures, provide personal protection equipment when collective protective measures fail to protect against risks.
  • Employees may be notified by a representative of the employer for occupational health and safety, unit manager or other person authorised by the employer or person representing the employer about health and safety risks in workplace environments.
  • Employees may review the results of preliminary and periodic mandatory health checks and, in case of disagreement on the results, repeat a health check. Employees may demand to be transferred to another job if, based on the opinion of the health care institution, because of the workers’ health they are unable to perform the work or maintain the post provided for in the employment contract.
  • Employees may personally consult the unit manager, person representing the employer concerning the improvement of occupational health and safety or delegate this task to the employee representative for occupational health and safety or other employee representative.
  • Refusing to work in case of health and safety risks, a worker has the right to refuse to work and work must be halted if a unit manager or other person authorised by the employer or employer’s representative fails to take necessary measures to eliminate breaches of health and safety rules at work and protect workers against potential dangers to their health and safety in the following cases: 1) when employees are not trained for safe work; 2) in case of failure of a work tool or emergency situation or danger; 3) when work is carried out in violation of established technological regulations; 4) when work is carried out without collective protective measures in place and/or when employees are not provided with personal protection equipment; 5) other cases, when the working environment presents harm and/or danger to health or life. For the suspension of work in cases specified herein, workers shall be paid their average remuneration. Work should be also interrupted in cases when it is not safe to continue working due to the conditions. In case of danger due to the conditions, the employer, to prevent accidents at work, following applicable laws shall have the right to transfer workers to perform work not agreed in the employment contract in the same company or in another company located at the same location. Transferring workers to do work that is unsuitable for them because of their health shall be prohibited. If there is no work to do in other locations where workers could work safely, work shall be suspended as provided for in the Labour Code. If work is interrupted due to the conditions, workers shall be paid the same as in case of suspension.
  • Employees may demand by law to be compensated for damages to their health due to unsafe working conditions.
  • In case of questions about health and safety conditions at their workplace or company, workers may contact the employee representative for health and safety, unit manager, company’s health and safety at work department, committee for health and safety at work, worker representatives, an employee representative, the State Labour Inspectorate, or other state organisations and institutions.

Employee obligations
Every employee shall be obliged to follow the requirements of occupational health and safety documents and the occupational health and safety legislation that they were introduced to and trained to implement, and to take care of their own health and safety and that of other workers based on their knowledge and following the instructions of the unit manager or persons representing the employer. While taking care of their own health and safety and that of their co-workers, employees must:
1) Use work tools following the requirements for safe use provided for in the work tool documentation and occupational health and safety instructions.
2) Properly use collective protective measures and/or personal protection equipment.
3) Not arbitrarily turn off, modify, or remove health and safety protection devices or signs installed in work tools or other equipment, buildings and other locations of the company, use such devices for their intended purposes and notify failures to the workers’ representative for health and safety, the unit manager or person representing the employer.
4) Immediately notify the workers’ representative for health and safety, unit manager, company’s occupational health and safety unit or its staff, committee for occupational health and safety, or a person representing the employer about situations in the workplace, work premises or other locations of the company which, in their belief, might pose danger to the health and safety of workers. Notify the workers’ representative for health and safety, unit manager, company’s occupational health and safety unit or its staff, or person representing the employer about the violations of occupational health and safety requirements that employees are unable or not obliged to eliminate on their own.
5) Collaborate with the workers’ representatives for health and safety, the staff of the company’s occupational health and safety unit, unit manager, other persons authorised by the employer in the implementation of occupational health and safety requirements and measures.
6) If capable and knowledgeable, take actions to eliminate situations that may cause traumas, acute poisoning, accidents and immediately notify this to a workers’ representative for health and safety, unit manager, or person representing the employer.
7) Immediately notify the workers’ representative for health and safety, unit manager, company’s occupational health and safety unit or its staff, or person representing the employer about injuries at work and other work-related health disorders.
8) Have their health checked following the procedure established at the company.
9) Observe work and rest periods established in the company's rules for work procedure and the work schedule.
10) Follow the instructions of the unit manager, person representing the employer, other persons and officers authorised by the employer as responsible for the supervision of occupational health and safety at the company.
11) After receiving an opinion of the Disability and Working Capacity Assessment Office concerning the nature and conditions of work, provide a copy of the opinion to the employer.
Safety at work for persons under 18:
Working time for persons under 18

Work of children (14 to 16 years)
Child labour shall be prohibited with the exception of light work in line with their physical abilities and without any harmful effect on children’s safety, health, physical, mental, moral and social development.
Working time for children doing light work: 1) Not during the school year when working at least one week, up to 6 hours a day and 30 hours a week; 2) during the school year up to 12 hours a week: up to 2 hours a day after school on a school day and up to 6 hours a day on school days during the trimester or semester, work is not allowed during school hours.
Children shall be prohibited from working mornings from 6am to 7am before school.
Children doing light work shall be prohibited from working from 8pm to 6am.
Daily continuous resting time for children within a period of 24 hours must be at least 14 hours.
Work of adolescents (16 to 18years)
Working time of adolescent children shall not exceed 8 hours a day, including daily school hours, and 40 hours a week including weekly school instruction.
Adolescent children are prohibited from working from 10pm to 6am.

Resting time for persons under 18:

  • At least 2 resting days must be granted, if possible, in sequence, with one of them falling on a Sunday.
  • When working time or practical training lasts longer than 4 hours, at least a 30-minute rest break must be granted. It is included in the working time or practical training time.
  • Daily continuous resting time for children (14 to 16 years) within a period of 24 hours must be at least 14 hours.
  • Daily continuous resting time for adolescents (16 to 18 years) within a period of 24 hours must be at least 12 hours.

Abilities of persons under 18 to do certain work

Work for persons under 18 years of age must not present any health and safety risks and risks to their physical, mental, moral and social development or learning.
Persons under 18 must be protected against any concrete risks to their safety, health or development arising from their lack of experience and awareness of present or potential risks, or due to the immaturity of persons under 18 years of age.
Persons under 18 years of age may not be employed or trained for work, if:

  • Due to objective reasons they are not physically or mentally capable of doing certain work or performing practical training tasks.
  • The work or practical training can have harmful effects, including toxic, carcinogenic and mutagenic effects, toxic effects on a reproductive system and permanent harmful effects to human health.
  • The work or practical training involves harmful exposure to radiation.
  • The work or practical training presents a risk of accidents which might be overlooked and not prevented due to the under-age person’s lack of attention to safety or lack of experience or training.
  • The work or practical training presents health risks due to very low or very high temperatures or noise, vibrations, electromagnetic fields or ergonomic factors.

 

Safety for pregnant, who recently gave birth, and breastfeeding workers

Pregnant, who recently gave birth, and breastfeeding workers must be guaranteed safe and healthy working conditions.
The Government shall approve ‘The description of working conditions for pregnant, who recently gave birth, and breastfeeding workers’ establishing the procedure for evaluating working conditions and harmful factors and professional risks and provision of information about working conditions to pregnant, who recently gave birth and breastfeeding workers, types of work prohibited for pregnant, who recently gave birth, and breastfeeding workers and a list of dangerous working conditions, effects and substances that are harmful to pregnant, who recently gave birth, and breastfeeding workers. If dangerous or harmful effects cannot be eliminated, the employer shall take measures to improve working conditions so that pregnant, who recently gave birth, or breastfeeding worker are protected against such effects. If such effects cannot be eliminated even after changing working conditions, the employer must transfer workers (with their consent) to a different work (workplace) at the same company, institution or organisation. After transferring to a different work (workplace) at the same company, institution or organisation, pregnant, who recently gave birth, or breastfeeding workers shall receive at least the same pay as before the transfer.
If there is no possibility to transfer a pregnant worker to a different work (workplace) where she or her unborn baby would be protected against negative effects, such workers (with their consent) shall be granted leave before their maternity leave and paid their usual monthly salary.

If there is no possibility to transfer a worker who recently gave birth or breastfeeding worker after maternity leave to different work (workplace) where she or her baby would be protected against negative effects, such workers (with their consent) shall be granted childcare leave until the child turns one year and shall be paid maternity social security benefits over that time as provided for by law.
Assigning overtime work to pregnant, who recently gave birthor breastfeeding workers without their consent shall be prohibited. Pregnant, who recently gave birth, and breastfeeding workers may be assigned to being on duty, working night-shifts, resting days and holidays, and posted on missions only with their consent. If such workers object to working a night-shift or provide documentary proof that such work would be harmful to their health and safety, they shall be transferred to work day shifts. If, due to objective reasons, there is no possibility to transfer such workers to work day-shifts, they shall be granted leave before the maternity leave or childcare leave until the child turns one year. Such workers shall be paid their usual monthly salary during such leave before maternity leave.

Breastfeeding workers, in addition to breaks for resting and eating, shall be guaranteed at least 30-minute breaks for breastfeeding no less than every three hours. At the request of the worker, breastfeeding breaks might be joined or added to a break for resting and eating, or moved towards the end of a work day, reducing the duration of the work day accordingly. Breastfeeding breaks shall be remunerated according to the worker’s wage or salary.
When a pregnant, who recently gave birth or breastfeeding worker is due for a health check, she must be excused from work without any pay reduction for that time if the health check is during working time.

 

Health and safety guarantees at work for people with disabilities

The opinion from a health care institution on the ability of a person with a disability to do a specific job shall be binding on the employer and the worker. People with disabilities may be asked to work overtime, night-shifts and be on duty provided that the opinion of the health care institution allows this, and only with the worker’s consent.

 

Safety of temporary workers

The main requirements for ensuring the safety of temporary staff are as follows: a temporary work user enterprise must notify temporary workers before they start work about all potential risks, specify qualifications, professional skills and health care requirements and clearly state any specific increased risks that might arise while doing this work. The temporary work user enterprise shall only allow temporary workers start their work after informing them of the applicable requirements of occupational health and safety legislation, including present and potential risks and use of preventive measures and after temporary workers are instructed on how to work safely in a specific workplace, even if they have already had instruction on general occupational health and safety at the contracting undertaking. The temporary work user enterprise must notify the occupational health and safety specialist(s), occupational health and safety unit, person authorised by the employer to act as the health and safety service, natural or legal person performing all or part of the functions of the occupational health and safety service about the start and end of the work of a temporary worker at the temporary work user enterprise so that they are able to duly organise preventive occupational health and safety measures for all employees. The temporary work user enterprise must notify the temporary-work agency in advance, before it assigns a temporary worker, about the required worker qualifications and workplace specifics. A temporary-work agency must notify this to interested temporary workers. Without prejudice to employer liability, the temporary work user enterprise shall be responsible for working conditions of temporary workers in relation to their occupational health and safety.

Safety of remote workers

Remote workers are provided with the same occupational health and safety conditions as other employees in companies. If needed, workers working remotely are provided with work tools and personal protection equipment by the employer. The work tools used by remote workers and their workplace must comply with the requirements of occupational health and safety legislation. Employers must train remote workers on how to safely use the provided work tools. Remote workers must ensure their own health and safety and that of other persons who might be harmed by their behaviour or errors and make proper use of work tools and personal protection equipment.

If workers incur additional expenses (transportation, travelling, accommodation, etc.) during a mission, employers must compensate them.
If a mission lasts longer than one work day (shift) or if a worker is posted abroad, workers must be paid daily allowances as provided for in ‘The list of maximum daily allowance amounts’ and ‘The description of the procedure for payment of daily allowances’ approved by Resolution No 526 ‘On the payment of daily allowances and other mission expenses’ of 29 April 2004 of the Government of the Republic of Lithuania.
Daily allowances shall be calculated based on the approved maximum daily allowances, or lower daily allowances if lower allowances are stipulated in the collective bargaining agreement or employment contract. The daily allowances provided for in the collective agreement or employment contract may not be less than 50% of the maximum daily allowances approved by the Government of the Republic of Lithuania.

If workers are sent on a mission in the Republic of Lithuania for more than one work day or sent abroad, they shall be paid expenses for the mission:

  • A daily allowance based on ‘The list of maximum daily allowance amounts’ and ‘The description of the procedure for payment of daily allowance’. The daily allowance rate within the Republic of Lithuania is EUR 15/calendar day.
  • Accommodation expenses. The maximum accommodation rate within the Republic of Lithuania is EUR 140/day.
  • Transportation expenses and other mission expenses (e.g. car parking fees at the location of the mission, local fees, event registration fees or event ticket expenses, etc.).

 

When going on a mission abroad, the daily allowance for the day of the mission when the worker leaves the Republic of Lithuania shall be calculated based on the rate for the destination country.
When returning from a mission abroad, the daily allowance for the day of the mission when the worker comes back to the Republic of Lithuania shall be calculated based on the rate for the country of origin.
When the mission is in a few countries, the daily allowance for days actually spent in a specific country shall be calculated based on rates for that country.
If a few countries are visited on a mission in one day, the daily allowance for that day of the mission shall be calculated as an average of rates for those countries.
Workers going on a mission and paid daily allowances or other cash payments by an event organiser not exceeding a rate established in that country shall be paid a daily allowance which, together with daily allowance or other cash payments paid by the event organiser, shall not exceed the rate established for that country; and when meal expenses are provided, at the decision of the head of the company or authorised person, daily allowances may be paid up to 100% of the rate established for that country.
Unless a collective agreement, employment contract, and/or legislation of the state or municipal authority or institution provides otherwise, an advance of at least 50% of the daily allowances for the entire mission must be paid to workers no later than the last work day before the start of the mission. The daily allowances shall be recalculated after the posted worker returns from the mission and the unpaid balance for daily allowances shall be paid by the end of the salary period.

Posted road transport drivers transporting loads and/or passengers on international routes

These posted workers shall temporarily remain subject to minimum wage rules, the new provisions on worker accommodation, reimbursement of costs, and provisions on postings of more than 12 months do not apply.