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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA official translation REPUBLIC OF LITHUANIA LAW ON HOLIDAYS Vilnius, 17 December 1991, No.I-2113 (As amended by 1 July 1997) Chapter

  1. General Provisions Article
  2. Objective of the Law This Law shall establish types of holidays, as well as the minimum duration, and the procedure and conditions for granting and remunerating for holidays. Article
  3. The Right to Holidays, Specific Ways of Granting Holidays Citizens of the Republic of Lithuania working under employment contract or on the basis of partnership at an enterprise, institution or organisation (hereinafter referred to as "enterprise") on the territory of Lithuania as well as at enterprises beyond the boundaries of Lithuania which are under the jurisdiction of the Republic of Lithuania, regardless of their type of ownership, shall be entitled to holidays. The right to holidays, as well as specific ways of granting holidays to soldiers of the national defence service, employees of the internal affairs system, and militarised and other groups shall be established by appropriate standard acts of the Republic of Lithuania. Foreign citizens and persons without citizenship working at enterprises specified in the first part of this Article shall have the same right to holidays as citizens of the Republic of Lithuania unless otherwise provided in interstate agreements (contracts). Article
  4. Types of Holidays Holidays shall be annual and purposive. Chapter
  5. The Annual Holiday Article
  6. The Concept of the Annual Holiday The annual holiday shall be calendar days granted to employees so that they are able to rest and renew their ability to work while leaving the work place (post) and being paid an average wage. Public holidays declared as days off shall not be considered part of the holiday. Article
  7. Types of Annual Holidays Annual holidays shall be: minimal; extended. Article
  8. Duration of the Minimal Annual Holiday The duration of the minimal annual holiday shall be 28 calendar days. For employees under 18 years of age, disabled persons, mothers or fathers who raise a disabled child on their own at home until he reaches the age of 16 - 35 calendar days. (Amended 17 April 1996) Holidays shall not be curtailed for persons who do not work for the full working day or week. Article
  9. Extended Annual Holidays Holidays extended to 58 days shall be granted to employees of certain categories whose work is associated with greater nervous, emotional, or mental strain or professional risk, as well as to those who have specific working conditions. The list of categories of employees who are entitled to such holidays shall be approved, and the concrete duration of holidays for each enumerated category of employees shall be established by the Government of the Republic of Lithuania. Article
  10. The Procedure for Granting of Annual Holidays Holidays for the first working year shall be granted after six months of uninterrupted work in the enterprise but no later than the end of the working year. When the length of uninterrupted work is less than six months, holidays shall be granted to women, upon their request, either before maternity leave or directly after it. During the first school year, pedagogues of educational institutions beginning work in educational institutions may be granted holidays during the summer vacation of pupils and students. Holidays for the working years after the first year shall be granted at any time during the working year according to the succession of granting holidays, the procedure for the formation of which shall be established in a collective agreement, and in institutions where such a collective agreement is not concluded, the succession of granting holidays shall be established by an agreement of the parties. Article
  11. The Right to Choose the Time of the Annual Holiday The following persons shall have the right to choose the time of the annual holiday after six months of uninterrupted work at that enterprise: persons under 18 years of age; pregnant women and women who have a child (children) who is either under 14 years of age or disabled. Upon their request, men whose wives are granted maternity leave shall be granted holidays during the wife's holiday. Upon their request, employees attending treatment in sanatoriums, other health institutions as well as vacation homes with family vouchers shall be granted holidays for the period indicated on the voucher. Employees who wish to be granted holidays for the period indicated on a family voucher must inform the employer of this at least 30 calendar days in advance. Employees who nurse patients and invalids and who have medical recommendation shall be granted holidays at the requested time. Employees suffering from chronic diseases, the acute conditions of which are dependent on the season of the year, and who have medical deductions shall be granted holidays at the requested time upon agreement between the parties. Upon their request, studying persons who do not discontinue work shall have their holidays co-ordinated with their examinations, tests, graduation thesis defence, laboratory work, and consultations. Article
  12. Cases for the Extension or Movement of Annual Holidays Holidays shall be granted during the established time each working year. Holiday time may be moved upon agreement of the parties. It shall not be counted as holiday time and holidays shall be extended when: an employee is temporary incapable for work; an employee acquires the right to a purposive holiday established in Articles 18 and 23 of this Law during the period of the annual holiday; an employee participates in the elimination of after-effects of a natural calamity or accident, regardless of the manner that he or she falls into such a job, as well as when an employee is called to carry out state duties established by laws of the Republic of Lithuania. When holidays are extended, remuneration for them shall not be recounted. Article
  13. Granting Annual Holidays in Parts Holidays shall be granted in parts upon agreement of the parties. One of the holiday periods must be at least 14 calendar days. Article
  14. Recalling from Annual Holidays Recalling from holidays shall only be allowed upon the agreement of the employee. The remainder of the holiday must either be granted at another time during the working year or be added to the holiday time of the next working year in the procedure established in Article 11 of this Law. Article
  15. Periods Included in the Length of Service, for which the Annual Holiday is Granted The following shall be included in the length of service, for which holidays are granted: actual working hours; the time when, according to law, a working place (post) and either part or all of the wage are being kept for an employee, as well as when a grant or other payments are paid to him or her; the time when an employee is receiving sickness or maternity allowances; holidays without pay up to 14 calendar days; holidays without pay up to 30 days for invalids as well as for parents, guardians, and trustees who nurse an invalid (the second part of Article 25 of this Law); the time of enforced idleness for employees who have been restored to their former jobs; the time of lawful strike; the time of training for a new profession of persons who are dismissed from their job due to staff reduction or liquidation of an enterprise; and other periods established by laws. Article
  16. Granting of Unused Annual Holidays upon Dismissal from Work When dismissing an employee from job (except for the cases when an employee is dismissed through his own fault), the unused holiday, upon his request shall be granted moving the date of dismissal. In this case the date of dismissal from job shall be the day following the day on which holidays end. Article
  17. Remuneration for an Annual Holiday An employee shall be guaranteed an average wage for the holiday period. The procedure for calculating the average wage shall be established by the Government of the Republic of Lithuania. Wages for an annual minimal holiday shall be paid at least three calendar days before the holiday begins. Wages for an annual extended holiday may be paid in parts. A payment for the first part of the holiday (30 calendar days) shall be made not later than three calendar days before the holiday begins, and a payment for the remaining part of the holiday - at least three calendar days before its continuation. (Amended 17 June 1997) If an employee, through no fault of his or her own, is not paid at the set time, his or her holidays shall be extended for the same number of days that the wage was delayed for, and shall be paid for the time as for holidays. Article
  18. Monetary Compensation for Unused Annual Holiday Time Monetary compensation in lieu of an annual holiday to employees shall not be permitted. When an employee cannot be granted holidays due to a termination of labour relations or when an employee forgoes a holiday, he or she shall receive monetary compensation. Monetary compensation for unused holiday time shall be paid when terminating an employment contract regardless of the term of its duration. The amount of the compensation shall be established according to the number of working days of unused holiday time during that work period. Where an employee has not been granted holidays for more than one year of service, the compensation shall be paid for the full length of unused holiday time, unless otherwise provided in the law. (Supplemented 17 April 1996) Chapter
  19. Purposive Holidays Article
  20. Types of Purposive Holidays Purposive holidays shall be: maternity leave; child care leave; study holidays; and holidays without pay. Article
  21. Maternity Leave Women shall be granted maternity leave for the period of 70 calendar days before childbirth and 56 calendar days after it (in the event of complicated childbirth or birth of two or more children - 70 calendar days). Maternity leave shall be calculated for the period and granted to the woman in full, regardless of the number of days actually used before childbirth. Benefits established by the Law of the Republic of Lithuania on State Social Insurance shall be paid for the length of the maternity leave. Article
  22. Leave to Look After a Child Below the Age of Three Upon her request, a mother shall be granted child care leave until the child reaches three years of age. Upon the family's decision, leave shall be granted to the father, grandmother, grandfather or other relatives of the child who is actually bringing up the child. Leave may be taken either in full or in parts, and persons entitled to this leave may alternate turns. A child care allowance established by the State shall be paid for the period of leave, and the working place (post) shall be kept for the person, except in the event that the enterprise is completely liquidated. Article
  23. Additional Unpaid Holidays for Child Care Upon the request of mothers who are bringing up children under 14 years of age, annual unpaid holidays of up to 14 calendar days shall be granted at a time co-ordinated by the parties. Mothers bringing up disabled children under 16 years of age shall be granted annual unpaid holidays for up to 30 calendar days at a time co-ordinated by the parties. During maternity leave and leave to look after a child below the age of three, the father, at his request, shall be given an unpaid holiday, the overall duration whereof may not exceed three months. (Supplemented 1 July 1997) Article
  24. Holidays for Persons Adopting Children Persons who adopt new-born babies and guardians who take babies under their care shall be granted holidays for a period beginning on the day that the child is adopted or taken into care and ending when the baby reaches 70 days of age. These holidays shall be paid for as established in Article 18 of this Law. They shall also be granted holidays provided in Articles 19 and 20 of this Law. Article
  25. Holiday for Fathers and Other Persons Raising Children without the Mother On the recommendation of the bodies of Social Care and Welfare, fathers or guardians bringing up children without the mother (if she dies, is deprived of maternity rights, is unable, due to the condition of her health and having a medical inference, to care for the child, or in other cases when the mother is not able to take care of the child) shall have the right to holidays and guarantees provided in Articles 9, 19, 20 and 21 of this Law. Article
  26. Study Holidays Employees shall be granted holidays to prepare for and take entrance examinations to colleges and institutions of higher education - three days for each examination. Employees who successfully study in educational institutions shall be granted study holidays according to the certificates-invitations of these institutions: to prepare and take regular examinations - three days for each examination; to prepare and take tests - two days for each test; to perform laboratory work and consultations - as many days as provided in educational projects and schedules; to finish and defend graduation theses - thirty calendar days; to prepare and take state examinations (including the examination for general education secondary school leaving certificates) - six days for each examination. Time spent in transit shall not be counted as part of the holiday period. Article
  27. Conditions of Remuneration for Holidays Granted to Studying Persons who do not Discontinue Work Employees specified in Article 23 of this Law who are taking entrance examinations for colleges and institutions of higher education with directives of enterprises shall be paid no less than the average wage by these enterprises for the granted holidays. The issue of remuneration for the period of studies for employees who take entrance examinations and study on their own initiative shall be settled in the collective agreement or upon agreement of the parties. Article
  28. Unpaid Holidays due to Domestic Circumstances and Other Important Reasons Unpaid holidays due to domestic circumstances and other important reasons shall be granted according to the procedure established in the collective agreements or by agreement of the parties, upon a written application of the employee.. (Amended 1 July 1997) Upon the request of invalids, as well as parents and guardians who nurse an invalid who, by the decision of the commission for the establishment of invalidity, requires permanent nursing, annual unpaid holidays shall be granted for up to 30 calendar days at a time co-ordinated by the parties. Chapter
  29. Final Provisions Article
  30. The Right to Establish Guarantees for Additional Holidays Collective agreements or employment contracts may establish holidays of longer duration and other types of holidays, additional privileges to choose the time of holidays, and may provide larger remuneration than guaranteed by this Law. These guarantees, with the exception of an additional privilege to choose the time of holidays, may not be laid down in the collective agreements and employment contracts which are concluded in the institutions and organisations financed from the National, municipal and the State Social Insurance Fund budgets, and from other funds set up by the State, as well as in those concluded in the Bank of Lithuania. Supplemented 1 July 1997) Article
  31. The Settlement of Disputes Disputes arising while applying this Law shall be settled in the procedure established for the settlement of labour disputes. Article
  32. Control of the Observance of this Law The observance of this Law shall be controlled by the State Labour Inspectorate. Article
  33. Amenability for the Violation of this Law Losses which arise from the violation of this Law must be recovered by the guilty party. In cases provided by laws of the Republic of Lithuania, disciplinary, administrative or criminal responsibility shall be applied for violations of this Law. VYTAUTAS LANDSBERGIS President Supreme Council Republic of Lithuania

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