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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON EMPLOYMENT CONTRACT Chapter 1 General Provisions Article

  1. Relations Regulated by this Law This law shall establish the general procedures for drawing up, altering, and terminating employment contracts. Specific requirements for drawing up, altering, and terminating employment contracts with elected employees, employees who are chosen to fill a vacancy, certified employees, employees of State bodies of authority and government, employees of court and procurator offices, temporary and seasonal workers, craftsmen working at home, apprentices, trainees, handicapped workers, and other persons, shall be determined by laws and other legislative acts which regulate labour relations with such employees, unless it is prohibited by this Law. Specific characteristics of labour relations which are formed on the basis of membership in partnerships, public companies, private companies, and agricultural partnerships shall be determined by laws which regulate the operations, bylaws, and collective agreements of such enterprises. Specific requirements of employment contracts concluded with persons who provide service to individual persons shall be determined by the Government of the Republic of Lithuania. Article
  2. Principles of Legal Regulations of Labour Relations Relations specified by Article 1 of this Law shall be regulated in accordance with the following principles: 1) equality among the parties involved in the employment contract; 2) the establishment of additional guarantees for groups of citizens who are socially vulnerable; 3) the prohibition of unilaterally modifying the terms that the parties have agreed upon; 4) the right of each employee to terminate an employment contract in accordance with the procedures established by law; 5) the right of the employer to terminate an employment contract only on lawful grounds; and 6) equality for all employees, regardless of their sex, race, nationality, citizenship, political convictions, religious beliefs, or any other factors which do no affect their professional qualifications. Article
  3. The Employment Contract The employment contract shall be the agreement between the employer and the employee in which the employee shall pledge to work in a certain profession, speciality, qualification, or office in accordance with the established rules and regulations, and in which the employer shall pledge to pay the employee, and shall guarantee working conditions which conform with employment laws, the collective agreement, and other legislative acts or agreements between the parties. Article
  4. The Employee Permanent residents of Lithuania who are 16 years of age or older may legally be employed. Persons 14 years of age and over may be employed in jobs which have been approved according to the procedures established by the Law on Labour Safety of the Republic of Lithuania, provided that the health conditions at the establishment permit them to work in such a job. Minors between the ages of 14 and 16 may be employed only with the written consent of one of their parents or guardians. The right to employ persons temporarily residing in the Republic of Lithuania shall be regulated by other laws and international agreements. Article
  5. The Employer Under this Law, employers shall be the owners or managers of all types of enterprises, institutions, and organizations (hereafter referred to as "enterprises"), who are appointed, elected, or authorized in accordance with the laws (by-laws, regulations, documents on the founding) of the appropriate enterprises (including partnerships and private enterprises) to draw up, alter, and terminate employment contracts in the name of the enterprise, as well as to perform other actions while implementing the provisions of employment laws. When an employment contract between natural persons is concluded for the provision of services, the employer shall be a natural person. Article
  6. Enforcement of the Law The provisions of this Law shall be applied to labour relations, as established in Article 1 of this Law, at enterprises located on the territory of the Republic of Lithuania, as well as at enterprises which are located outside the boundaries but are within the jurisdiction of the Republic of Lithuania. Labour relations at foreign capital enterprises and at enterprises where a portion of the authorized capital belongs to a foreign investor (i.e.. joint ventures), shall be regulated by this Law and by documents on the founding of the enterprises, except in cases when international agreements provide for other regulations applicable to the employees of the enterprises. Chapter 2 The Contents and Composition of Contracts of Employment Article
  7. The Contents of Contracts of Employment The employment contract shall include the rights and obligations of the employee and the employer as established by an agreement between them. The parties may not establish working conditions which would be less favourable to the employee than those provided by the laws of the Republic of Lithuania. Article
  8. The Conditions of Contracts of Employment In each employment contract, the parties must agree upon the following conditions: - the employee's place of work (enterprise, its subsidiary, etc.); - the functions of employment - in regard to a certain profession, speciality, qualification, or post; and - the salary. For certain employment contracts, employment laws and collective agreements may provide for other requisite conditions to be discussed by the parties upon the conclusion of such a contract (agreement on the duration of the contract, the nature of seasonal work, etc.). Upon the agreement of both parties, other conditions of the employment contract (i.e.. probation periods, shorter working hours) may be established, provided that employment laws do not prohibit such provisions. Article
  9. The Duration of an Employment Contract An employment contract may be concluded for an either an indefinite or a fixed period of time, but the duration may not exceed five years unless laws provide otherwise. It shall be prohibited to conclude a contract for a fixed period of time if the employment is of a permanent nature, except in cases where such a contract is concluded at the employee's request, or when it is provided for in other laws. Employment contracts with employees who are appointed to their posts by elected bodies in accordance with the law shall be concluded for the term of office of the elected bodies. Article
  10. Determining the Term of an Employment Contract The term of an employment contract may be determined by a certain calendar date, or upon the emergence of, changes in, or termination of certain circumstances, except in the cases specified in paragraph 3 of Article
  11. If the term of an employment contract is not specified therein, or if it is not specified in the appropriate manner, the duration of the employment contract shall be considered indefinite. Article
  12. The Expiration of a Fixed-Period Employment Contract Upon the expiration of an employment contract, the employee shall have the right to discontinue work, and the employer shall have the right to discharge the employee. If neither of the parties acts in the specified manner, the employment contract shall be considered indefinite. Article
  13. The Probation Period of an Employment Contract Upon concluding an employment contract, a period of probation may be established upon mutual agreement of the parties. The period of probation may be established in order to assess the employee's competence in the field, or at the employee's request, to ascertain whether the job is suitable. Provisions concerning probation must be established in the employment contract. All employment laws shall be applicable to the employee during the period of probation. Probation periods established for the purpose of assessing the employee's competence shall be applicable when employing: 1) persons under 18 years of age; 2) persons who, upon the agreement of the employers, are transferred to another enterprise; 3) persons who must be employed in order to fulfill employment quotas; and 4) other persons specified by law. Article
  14. The Period of Probation The period of probation may not exceed three months. In cases specified by law, the period of probation may be extended. During the probation period, absence from work shall not be recorded. Article
  15. The Results of Probation If an employer is not satisfied with the results of a probation period established to assess the employee's competency, he or she may discharge the employee by the end of the probation period without adhering to the procedures established in Articles 33 and 34 of this Law, and without paying the employee discharge gratuities. If a probation period is established to ascertain if the work is suitable for the employee, the employee shall be free to assess the results of probation. During the probation period, the employee may terminate the employment contract with three days notice. If the employee continues to work upon expiration of the probation period, the employment contract may be terminated only in accordance with the established regulations. Article
  16. Documents Required for Employment Employers may require that applicants present their personal identification certificates. If, pursuant to employment laws, a certain occupation requires specific educational, professional, or health standards, the employer must requisition documents certifying qualification in the aforesaid area from the applicant. To employ minors between the ages of 14 and 18, an employer must require a birth certificate and a written consent of one of the applicant's parents or guardians. The employer also has the right to request other documents as provided for by law. Article
  17. The Employer's Responsibility to Require that Employees Present State Social Insurance Certificates The employer must require that employees present state social insurance certificates, and must register these certificates in the established manner. Regulations for the distribution and management of state social insurance certificates shall be established by the Government of the Republic of Lithuania. Article
  18. Drawing up Contracts of Employment An employment contract shall be considered complete when the parties have agreed upon the requisite conditions specified in paragraphs 1 and 2 of Article 8 of this Law. Employment contracts must be concluded in writing. Contracts must be signed by either the employer or by a person authorized by the employer, as well as by the employee. The employee must commence work one day following the signing of the contract, unless the parties agree otherwise. If an employee has actually begun working in agreement with the employer or the person authorized by the employer, the employment contract shall be considered complete and must be executed immediately. Upon signing the employment contract, the employer or the person authorized by the employer must give the applicant written information concerning the working conditions, the collective agreement, internal rules and regulations, and other internal standard acts regulating working conditions. The applicant's signature shall confirm that this has been done. Article
  19. Restrictions on Employing Relatives Persons who are immediate relatives or who are related by marriage (parents, fosterparents, spouses, brothers, sisters, children, adopted children, and brothers, sisters, parents and children of spouses) shall be prohibited from working together in one state enterprise or state stock company if such employment causes one of them becomes directly subordinate or controlled by the other. Exceptions to this rule may be established by the Government. Article
  20. Employment Guarantees The employer shall be prohibited from refusing employment: 1) on the grounds specified in paragraph 6 of Article 2 of this Law; 2) in jobs reserved for residents of corresponding categories ( part 1 of Article 7 and Article 8 of the Republic of Lithuania Law on Employment of the Population); 3) if there is a written agreement between employers concerning the transfer of an employee to another job; and 4) in other cases provided by law. If a person specified in paragraph 1 hereof is refused employment, he or she may bring the employer to court within one month. If the court concludes that a person has been refused employment unlawfully, the employer shall be obligated by court order to employ the person from the day of application of employment, and to pay the employee minimum wage for the expired period. Chapter 3 Fulfillment and Modification of an Employment Contract Article
  21. The Employee's Duty to Personally Carry out Assigned Work Employee do not have the right to assign their work to other persons without the permission of the employer or the person authorized by the employer. Article
  22. Prohibition of Requiring an Employee to Perform Work which is not Specified in the Employment Contract An employer does not have the right to require an employee to perform work that is not agreed upon in the employment contract. Another employment contract must be concluded for additional work. Article
  23. Changing Working Conditions An employer has the right to change an employee's working conditions (to change the working place within the same enterprise and locality, or to assign work with another machinery or device), or to change other conditions (benefits, the work regime, the amount of material liability, posts, etc.), only when this change is related to changes in production or technology, or when the organization of labour is being changed and the employer has to change the working conditions of certain employees as a result. The employee must be given written notice of the planned changes in working conditions no later than one month prior to the introduction of such changes. If the changes are related to production technology, the employer must provide conditions for the employees to improve their qualifications or change their specialization so that they will be able to work after the changes in production or production technology are introduced. The collective agreement may require a longer notice period, as well as additional obligations for the provision of conditions which would enable the employee to prepare for work after the introduction of changes in production or production technology. If an employee refuses to work under changed working conditions, he or she may be discharged from work in the manner established in paragraph 9 of Article 26 of this Law. If changes are introduced and as a consequence an employee's salary is reduced for reasons beyond his or her control, the employee shall be compensated for the disparity in wages for at least three months after the introduction of the changes in working conditions. Article
  24. Transference at the Request of the Employer If an employer wishes to transfer an employee to another job or locality (i.e. to change the requisite conditions of the employment contract), even if the entire enterprise is being transferred, it shall only be permitted if the employee gives written consent. Exceptions are provided for in Article 24 of this Law. Article
  25. Temporary Transference in Cases of Emergency An employer shall have the right to transfer an employee to a job other than the one agreed upon in the employment contract, either in the same enterprise (on the territory of a forest district) or in another enterprise situated in the same locality, for the period of one month if the purpose of such a transfer is: to avert a natural calamity or industrial accident, to liquidate or immediately eliminate the consequences of such an accident, to distinguish a fire, or to prevent a fire from spreading. It shall be prohibited to transfer an employee to a job which is incompatible with his or her health. If an employee's salary is decreased after being transferred to another job for reasons beyond his or her control, the employee shall be paid the equivalent of the former average wage. Article
  26. Dismissal from Work If an employee comes to work under the influence of alcohol, drugs, or other toxic substances, the employer shall not allow him or her to work that day (shift). Employees may be dismissed from work (office) or have their wages suspended in other cases specified by laws. Chapter 4 Termination of an Employment Contract Article
  27. Grounds for the Termination of an Employment Contract An employment contract shall be terminated : 1) upon the agreement of both parties (Article 27); 2) upon the expiration of the term of the contract, with the exception of the case specified in Article 11 of this Law; 3) upon the application of the employee (Article 28); 4) upon the initiative of the employer in cases provided for in this Law (Article 29) or at the will of the employer (Article 30); 5) upon the execution of a court sentence which disenables an employee to continue work; 6) when an employee is deprived of the right to work a certain occupation according to the procedure established by law; 7) when an enterprise goes bankrupt or is liquidated against the will of the employer; 8) when the employee refuses to be transferred together with the enterprise (its unit) to another locality; 9) when the employee refuses to work after the introduction of changes in working conditions set forth in Article 22 of this Law; 10) when the medical commission or the commission for the establishment of disability concludes that an employee is unable to hold his or her post or work in such an occupation; 11) when, in cases provided for by law, the former employee returns to work; 12) when an employee takes an elected office or an office for which a vacancy is announced; when an employee is not reelected to office or is removed from office; 13) when a parent or guardian of an employee who is between the ages of 14 an 16 demands that the employment contract be terminated; 14) when the employment contract contradicts provisions established by law (Article 31); and 15) upon the motivated demand of bodies and officials authorized under law. Article
  28. The Procedure for Terminating an Employment Contract upon the Agreement of Both Parties One party of an employment contract may submit to the other party a written proposal concerning the termination of an employment contract by bilateral agreement. If the other party agrees with the proposal, it must, within five calendar days, present a written reply to the party which submitted the proposal concerning the termination of an employment contract. Upon agreeing to terminate an employment contract, the parties shall also agree upon the date and other terms of termination (compensations, granting unused vacation, etc.). If the other party does not announce its agreement to terminate the employment contract within the time period specified in paragraph 1 hereof, the proposal to terminate the employment contract by bilateral agreement shall be considered to have been rejected. Article
  29. Termination of an Employment Contract upon the Application of the Employee The employee shall have the right to terminate an employment contract of indefinite duration provided that he or she gives the employer 14 days notice. The collective agreement may provide for a shorter period of notice. At the end of the period the employee shall have the right to leave the job, and the employer shall register discharge papers. If termination of an employment contract of indefinite duration is requested because an employee's illness or disability is interfering with adequate work performance, or for other sound reasons provided for in the collective agreement, the employment contract must be terminated from the day specified in the employee's application. Employees may withdraw applications concerning the termination of an employment contract within three calendar days from the presentation of the application. After this period, applications may be withdrawn only with the consent of the employer. Employees shall have the right to terminate fixed- period employment contracts before the date of expiration provided that they give written notice to the employer and that there are reasons set forth in paragraph 2 hereof. Such a contract may also be terminated if the employer has violated the rights of the employee provided for in the employment laws and in the collective agreement or the employment contract. In the event of a controversy concerning the termination of a fixed-period employment contract before its expiration, the dispute shall be resolved, upon the application of the employee, by bodies settling labour disputes. Article
  30. Termination of an Employment Contract on the Initiative of the Employer An employment contract may be terminated on the initiative of the employer for the following reasons: 1) liquidation of an enterprise at the employer's will; 2) reduction of the number of employees due to changes in production or production organization; 3) inability of the employee to adequately perform the assigned work for due to deterioration in health or lack of required qualifications; 4) absence from work due to temporary disability for more than 120 consecutive calendar days, or during the last year of work, for more than 140 calendar days, unless the law has a provision which reserves the place of employment (office) for an employee in the event of a certain illness. The place of employment (office) shall be reserved for an employee who has lost capacity to work due to an industrial accident or occupational disease until the employee regains his or her capacity to work or the disability is certified; 5) if an employee fails to return to work within two months of release from the national defence service; 6) if an employee neglects assigned work or is guilty of other violations of labour discipline, provided that he or she has been penalized for disciplinary reasons at least once during the 12 months prior to the violation; 7) if the employee commits misappropriation of property (theft) at the working place, or any other deliberate unlawful action thereby incurring damage to the employer; 8) if a court sentence convicting the employee for a deliberate offence comes into effect; 9) if the employee is under the influence of alcohol, drugs or other toxic substances during working hours; 10) if the employee is absent without reason for the entire working day (shift); and 11) if the employee makes public the commercial or technological secrets of the enterprise, or divulges information thereon to a rival company. An employer may terminate an employment contract with employees whose work is related to the stock-taking, security, receival, delivery, or transportation of things of value, when the said employees can no longer be trusted to perform the duty assigned to them due to guilty actions at work. People employed as public officers and employees working in educational fields may be dismissed from work if their conduct, either during or outside of working hours, is immoral and consequently incompatible with their office. Employers shall be prohibited from discharging an employee on their own initiative during the period of temporary disability (except discharge under paragraphs 1 and 4 hereof) or during the vacation period (except discharge under paragraph 1 hereof) of the employee in question. If an employment contract is terminated in violation of this provision, the first working day after the vacation period or period of temporary disability shall be considered the day of termination of the contract. The employee shall be paid wages at a double rate as well as disability benefits and holiday pay for the period during which the termination of the employment contract is postponed. It shall be illegal for an employer to discharge an employee on the basis of political conviction, religious views, nationality, citizenship or other factors which are not related to his or her professional qualifications. Article
  31. Termination of Employment Contracts at the Request of the Employer The employer (with the exception of state enterprises) shall have the right to terminate an employment contract on grounds which are not prohibited by Articles 26 and 29 of this Law, provided that the discharged employee is compensated for the amount of: 1) 3 average monthly wages, if the employee has worked at the enterprise for up to 1 year; 2) 6 average monthly wages, if the employee has worked at the enterprise from 1 to 5 years; 3) 9 average monthly wages, if the employee has worked at the enterprise from 5 to 10 years; 4) 12 average monthly wages, if the employee has worked at the enterprise from 10 to 20 years; 5) 18 average monthly wages, if the employee has worked at the enterprise for more than 20 years. The provisions of paragraph 4 of Article 29, and Articles 34 and 40 of this Law shall not be applied in the cases specified above. Article
  32. Elimination of Terms of Employment Contracts Which Contradict the Law If constituent part(s) of an employment contract contradict the prohibitory provisions of laws, and the contradicting terms cannot be eliminated, or if it is not possible to transfer an employee with his or her consent to another place of work, the employment contract shall be terminated. If the employee does not accept the proposed job, he or she shall be paid discharge gratuity equaling an average monthly wage upon the termination of the employment contract. If there is not a place for the employee to be transferred, the employee shall be paid discharge gratuity equaling three average monthly wages. Disputes concerning the termination of an employment contract or discrepant terms within the contract shall be resolved by court. Employment contracts which violate laws or international agreements which regulate the employment of persons temporarily residing in the Republic of Lithuania (paragraph 3 of Article 4 of this Law) must be terminated. Sanctions provided by law shall be applied to the employer or authorized representative who is guilty of the said violation. Article
  33. Restrictions on Terminating Employment Contracts during the Reorganization of an Enterprise Employment contracts shall not be terminated due to a change in ownership, jurisdiction, or name of an enterprise. Upon the merger, division, or realignment of an enterprise, or upon the change of the type of enterprise, labour relations shall not be terminated provided that the employee gives consent thereto. In such a case, terminating an employment contract on the initiative of the employer shall be permitted only in the event that the number of employees is being reduced. Article
  34. The Consent of Trade Union Bodies to Discharge Employees Employers may not discharge an employee on their own initiative or will (except under paragraph 1 of Article 29 of this Law) without the consent of the elective trade union body whereto the employee has been elected. Collective agreements may establish that trade union bodies must give their consent to discharge employees who are members of the trade union under Article 29 of this Law (except paragraphs 1, 6, 7, 8, 9, 10, and 11). Trade union bodies must consider discharge consent applications from employers within 14 calendar days of receipt of the application. If a trade union does not give consent to discharge an employee, the employer may appeal this refusal. The court shall revoke the decision of the trade union body if the employer proves that the decision expressly violates his or her interests. In cases provided by law, employees may not be discharged on the initiative of the employer (except under paragraph 1 of Article 29 of this Law) without the consent of other bodies. Employees who are discharged in violation of this Article, or who are discharged after more than one month from the day the consent is received, must, upon the decision of the court, have their previous job restored. Article
  35. Requirements of Employment Contract Termination when the Employee is not at Fault When the employee is not at fault, an employer may terminate the employment contract at his or her own initiative in accordance with the procedures established by law only after giving the employee a written notice of two months. Persons who are within five years of being entitled to full pension, minors under 18 years of age, disabled persons, women who have children under 14 years of age, and men who are the sole supporters of children under 14 years of age must be given a written notice 4 months prior to the discharge. A longer term of notice may be established in the employment contract or collective agreement. The notice shall become invalid after 1 month ( excluding periods of temporary disability or vacation) from the expiration of its term. In the event that the period remaining until a fixed- period employment contract expires is shorter than the period of notice provided by this Article, the employer may not discharge an employee at his or her own initiative if the employee is not at fault. If an employee is discharged before the expiration of the term of notice, his or her discharge shall become effective prior to the date of the expiration thereof. Terms of notice provided for in this Article shall not be applied when an employee is discharged under Article 30 of this Law. It shall be permitted to discharge an employee on the employer's initiative when the employee is not at fault, on the grounds set forth in paragraphs 9, 10, and 11 of Article 26 of this Law, if the employee refuses to be transferred to another locality when only the unit wherein he or she is employed is being transferred (paragraph 8 of Article 26), or when the employee is not reelected or is removed from office (paragraph 12 of Article 26), if transference is impossible with the employee's consent. Article
  36. Restrictions for Terminating Employment Contracts of Pregnant Women or Women who Have Children under 3 Years of Age Employers shall be prohibited from terminating, at their own initiative and own will, employment contracts of pregnant women. Employers shall be prohibited from terminating, at their own will, employment contracts of women who have children under 3 years of age or of fathers and other persons who are the sole supporters of children under 3 years of age. Employers shall also be prohibited from terminating employment contracts of said persons at their own initiative if the employee is not at fault. Guarantees provided by paragraphs 1 and 2 hereof shall not be applied in cases when an employment contract is terminated under paragraph 1 of Article 29 of this Law. (Amended December 10, 1991) Article
  37. Restrictions for Terminating Employment Contracts of Persons Liable to Established Employment Quotas and of Conscripted Persons Except in cases specified in paragraph 1 of Article 29 of this Law, employers may not terminate the employment contracts at their own initiative of: disabled persons; employees who are liable to established employment quotas, or for whom additional working places are provided under the established quotas; employees who are not at fault, and whose total number does not exceed the quotas established by the local government; or employees conscripted to the national defence service. Article
  38. Employment Precedence during Employee Reduction In the event that an enterprise reduces the number of employees, the right to retain employment shall reside with the employees who have sustained work-related injuries or have contracted an occupational disease, as well as with other employees to whom this right is provided by the collective agreement. Article
  39. The Employee's Right to be Informed of the Reasons for Discharge Employees shall have the right to file written applications within 10 days of being discharged to demand that the employer impart the reasons for their discharge. Within 5 days of receipt of such an application, the employer must notify the applicant in writing of the precise reasons for discharge, and must specify the findings whereon the discharge was based. If the employer fails to satisfy this requirement, and the employee appeals against his or her discharge in court, the employer shall be subject by court to pay the employee the equivalent of the salary of 20 working days, even if the employee's job is not restored. Article
  40. Employment Contract Termination Statements In the event that an employment contract is terminated, the wording in the documents must comply with the conditions and laws of the termination contract. Article
  41. Discharge Gratuity Upon the termination of an employment contract on the grounds set forth in paragraphs 8, 9, 10, and 11 of Article 26 of this Law, and when an employee is discharged for failure to be reelected for a new term of office, as well as on the termination of an employment contract at the initiative of the employer and through no fault of the employee, or on the application of the employee and on reasonable grounds (paragraphs 2 and 4 of Article 28 of this Law), the employee shall be paid a discharge gratuity equivalent to an average monthly salary. Upon discharge under paragraph 7 of Article 26, and paragraphs 1 and 2 of Article 29 of this Law, discharge gratuity shall be paid in the amount of the average salary of two months. The amount of discharge gratuity specified in paragraph 1 hereof shall be increased: one and a half times for employees who have worked at the enterprise for more than 5 consecutive years; two times for employees who have worked at the enterprise for more than 10 consecutive years; three times for employees who have worked at the enterprise for more than 20 consecutive years. Said increases in the amount of discharge gratuity shall not prolong the term on the expiration of which the person is liable to receive unemployment benefit (paragraph 2 of Article 16 of the Republic of Lithuania Law on Employment of the Population). Article
  42. The Obligation of the Employer to Pay the Discharged Employee the Total Amount of the Money Due On the day of discharge, the employer must pay the employee the entire sum of money due. If the employer fails to pay the due amount on time through his or her own fault, the employee shall be paid an average wage for the entire period of delay in payment. Article
  43. Reinstatement of an Employee to Work If the employee disagrees with his or her discharge, removal from work, or transfer to another job, he or she shall have the right to appeal to court within one month of receiving the document confirming the discharge, removal from work, or transfer to another job. If the employee is discharged, removed from work, or transferred to another job without legal grounds, or in violation of the procedures established by law, he or she shall be reinstated in his last employment by court. Upon reinstating in his last employment the employee who was unlawfully discharged, transferred to another work, or removed from work, the court shall subject the employer to the liability of payment of the employee's wages for the entire period of enforced idleness, or of the unpaid amounts of his last average wage for the period he had to work for lower remuneration. When an unlawfully discharged employee declares, that upon his reinstatement in his last employment unfavourable conditions would be created for him, the court, declaring the discharge unlawful, may, at the employee's request, refrain from reinstating him in his last employment, and adjudge to him compensation in the amount of up to 12 average monthly wages. In this case, the employee shall be considered to have been discharged from work under Article 28 of this Law. VYTAUTAS LANDSBERGIS President Supreme Council Republic of Lithuania Vilnius 28 November 1991 No. I-2048 ____________

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