Official translation Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No. 248 ON THE PECULIARITIES OF WORKING TIME AND PERIODS OF REST IN SPECIFIC ECONOMIC BRANCHES, THE INTRODU
Article 48of the Law on Labour Protection of the Republic of Lithuania).
During the season (June-September), the weekly rest period for employees who superintend passenger trains and special cars, serve train passengers, control the work of train crews and sell tickets may be reduced by up to 50 percent. The unused rest hours shall be compensated after the season, but not later than by 1 May of next year or they may be added to the annual rest period on the request of an employee. Peculiarities of Working Time and Periods of Rest in Air Transport Enterprises
- The working time of aircraft crew members shall be comprised of working time in flight, working time in units and working time in reserve duty.
- “Working time in flight” shall mean any period computed from the moment when an aircraft crew member starts to perform his/her functions before the flight or a series of flights until the moment when he/she completes his/her functions after the flight or a series of flights. The duration of flight constitutes part of working time in flight.
- Working time in flight shall include: 24.
- preparations for the flight (1 hour); 24.
- duration of flight; 24.
- work after the flight (30 minutes); 24.
- parking time in intermediate airports; 24.
- delayed take-off; 24.
- business trip of a crew member to another airport. Working time in flight shall not include a business trip of a crew member from another airport where he/she had completed work.
- In-advance plans for a flight (or a flight schedule) with a duration that exceeds the period of working time in flight established in point 26 shall not be allowed.
- Working time in flight shall not exceed 13 hours or 12 hours and 30 minutes (if part of the working time in flight falls between 22.00 and 6.00 local base time) or 12 hours (if the whole of the working time in flight falls between 22.00 and 6.00 local base time).
- If the crew consents and if the flight must be completed, the captain of the crew shall be entitled to extend the working time in flight established in point 26 by 2 hours. Within a period of 7 consecutive days, the number of such extensions shall not be more than 2, within a period of one month – not more than
- “Working time in units” shall mean any period of in-advance preparation for flights, analysis of flights, work with training equipment, work in training centres, medical check-ups, etc. Working time in units shall be established in accordance with the procedure prescribed by the laws of the Republic of Lithuania.
- Working time in reserve duty shall not exceed 12 hours. Working time in reserve duty of an aircraft crew member shall be computed from the moment when he/she starts to perform his/her functions. A break of not more than 2 hours shall be allowed during duty in reserve. In case a crew member is not provided with adequate conditions to sleep during duty in reserve, the working time in flight shall be computed from the beginning of his/her duty in reserve.
- The total working time in flight, units and reserve duty shall not exceed 50 hours per week and 160 hours per year.
- “Duration of flight” shall mean the whole period of time from the moment when the aircraft starts to move by the force of its engine(s) or towed by a land motor vehicle until the moment when it stops after the flight. The duration of flight shall not exceed: 31.
- 8 hours (where there are two crew members) per 24 consecutive hours; 31.
- 32 hours per seven consecutive days; 31.
- 90 hours (or 100 hours on the request of the administration and if the employee consents and the Lithuanian Civil Aviation Pilots’ Association does not object) per month; 31.
- 900 hours per year. The captain of an aircraft crew shall be entitled to extend the duration of flight indicated in point 31.1 by 2 hours if the flight must be completed. In this case, account shall be taken of the restrictions referred to in point
- “Rest period” shall mean any period spent on land when the employer relieves the employee from any work or functions. The minimum rest period before a flight shall be 12 hours if not provided for otherwise in point
- Rest period shall not be less than indicated in the table: Working time in flight (in hours) Minimum rest period (in hours) Working time in flight after minimum rest period Less than 8 10* 8 hours 8.01-9.00 11* 10 hours 9.01-10.00 12 standard (point 26) 10.01-11.00 16 standard (point 26) 11.01-12.00 20 standard (point 26) 12.01-13.00 24 standard (point 26) *Rest period starts not later than 22.00 and ends not later 6.00 local time. Any crew member shall be entitled to an uninterrupted weekly rest period of at least 36 hours.
- “Break” shall mean any period shorter than the minimum rest period (point 33) and intended for rest by interrupting continuous working time in flight.
- Working time in flight may be interrupted by a rest period of at least 4 hours which shall be computed not earlier than 30 minutes after turning the engines off and 45 minutes before the beginning of a flight. After a break, working time in flight shall be computed as follows: working time in flight after the break shall be added to the working time in flight before the break.
- Working time in flight indicated in point 26 may be extended as follows: Length of break (in hours) Working time in flight before the break + after the break (in hours) 4 standard (point 26) + 0 5 standard (point 26) + 0,5 6 standard (point 26) + 1 7 standard (point 26) + 1,5 8 standard (point 26) + 2 9 standard (point 26) + 2,5 10 standard (point 26) + 3 A rest break shall be included into the working time in flight only if there is a place to stay with normal sleeping conditions (when each pilot is allotted a separate room). Not all business trips by a crew member shall be treated as a rest period.
- Cumulative record of working time shall be applied to employees working under a flexible work schedule as well as to employees whose work is related to flight schedules (employees who serve flights, passengers, aircraft). Peculiarities of Working Time and Periods of Rest in Sea Transport Enterprises
- A work and duty schedule of up to 12 hours shall be established for ships where work and duty are performed for 24 consecutive hours. Working time that exceeded daily standard working time, unused rest days and holidays shall be added up and granted after the ship returns to the Klaipėda seaport or after replacing crew members in other ports. Cumulative record of working time shall be one year.
- When a ship is under repairs or stands idle in a port for other reasons (demurrage, no cargo), a 24-hour duty schedule may be established for navigators and mechanics. The time of repairs and demurrage shall be used by granting crew members the earlier unused rest days. Work and rest schedule shall be consistent with the port’s or shipyard’s work schedule.
- Emergency work and work in case of an accident shall be performed by captain’s orders and shall be obligatory to all members of the crew.
- Those employees of ships arriving at a port who perform loading, serving, cargo transportation, dispatch and storage operations, tranship cargoes to other sea-going vessels or motor vehicles (chief stevedores, stevedores, dockers, machine operators, crane drivers), as well as employees of crane mechanisation workshops, power stations, refrigeration shops, and other loading and transhipment services shall be entitled to a work period of up to 12 hours by introducing a cumulative record of working time. Peculiarities of Working Time and Periods of Rest in Inland Waterway (River) Transport Enterprises
- The maximum period of daily working time for employees of inland water (river) transport enterprises together with a break for rest and meals shall be 14 hours per 24-hour period.
- A six-day working week with one rest day shall be established and a cumulative record of annual working time shall be introduced for personnel on sailing vessels and employees directly related to maritime traffic and ship servicing (employees of ports, docks, loading posts). Excessive working time during a recorded period shall be compensated after navigation.
- Crews of a technical fleet that serves inland waterways shall be allowed to work in shifts. The period of working time shall be 14 hours per 24-hour period.
- Personnel of sailing vessels, as employees of enterprises with a continuous work pattern, shall be granted rest days after navigation together with annual leave.
- Personnel of sailing vessels who do not wish or cannot work in wintertime ship repairs, convoy service, perform guarding and other work shall be entitled to a non-paid inter-navigation leave after their annual leave and rest days. Peculiarities of Working Time and Periods of Rest in Communications
- A cumulative record of working time and a maximum period of daily work (shift) (including a break for rest and meals) of up to 12 hours per 24-hour period (as provided for in paragraph three of Article 40 of the Law on Labour Protection) may be established for employees in telecommunications (technicians on duty, engineers on duty, electricians, electromechanics, telephone operators, telegraphists, controllers, telegram carriers). Peculiarities of Working Time and Periods of Rest in Agricultural and Fishing Enterprises Peculiarities of Working Time and Periods of Rest in Agricultural Enterprises
- During the busy season (sowing, taking care of crops, preparing feed, harvesting, ploughing fallow land and performing other agricultural jobs) and if necessary agricultural enterprises shall be entitled to extend (but not more than by 10 hours) the working day for workers in plant production, employees of repair shops, motor vehicle divisions, warehouses and other units that serve the above-mentioned sectors as well as for employees of agricultural service units.
- After the busy season in the fields, employees referred to in point 48 shall be entitled to additional rest days (reduced working day).
- Cumulative record of working time may be applied to employees indicated in point 48 (cumulative record of annual working time may be applied to workers in plant production and during some busy periods to other workers) so that the average period of daily work during the recorded period does not exceed the limit of working hours.
- In case additional rest days or reduced working days are not granted to employees for excessive working time, they shall be remunerated for overtime. Peculiarities of Working Time and Periods of Rest in Fishing Enterprises
- When fishing vessels are at sea, all calendar days (including rest days and holidays) shall be deemed working days. An eight hour working day shall be established for every crew member. Duty (work) in 3 shifts shall be established for employees of ship services (units), in case of industrial necessity, e.g. navigation, steering and other jobs.
- Cumulative record of working time shall be applied to employees referred to in point 52; rest days and holidays as well as additional rest days for this period shall be added up and assigned to crew members after returning to the port.
- Taking into account the peculiarities of fishery, continuous periods at sea shall be established for crews of these ships: Type of ship Continuous period at sea (in 24-hour periods) Large ships – factory ships 175 Large ships - trawlers 150 Medium and small ships 135
- Crew members of large, medium and small ships shall be entitled to a rest period of at least 3 days in foreign ports.
- The maximum working time at sea shall not include the period of time when the ships stands in a foreign port to carry our repair or other works that are not related to the industrial process, but are specified in the collective agreement.
- The total period of time at sea for crew members shall be up to 200 days in regions wherein seasonal fishing is carried out, including a 60-day period for sailing to and fro.
- Where ships are repaired at a shipyard (including those under inter-voyage repair) or where similar work is performed on standing ships, cumulative record of working time that does not exceed a period of one year shall be introduced for crew members. The average period of daily working time during the recorded period shall not exceed the limit of working hours.
- All crew members may be requested to perform emergency work and work in case of an accident. Working time required to perform such work shall not be limited. Emergency work shall mean work related to the rescue of people and salvage of ships and cargo (including help for ships in distress).
- Emergency work shall include: 60.
- work to be performed because of stormy weather or warning of a storm, additional cargo fastening, raising and lowering of sails and tents, additional mooring, installation of cargo elevator protection, tugging of a ship into a safe place, etc., preparations for safe standing or work, work performed in stormy weather, steering a ship through a narrow pass; 60.
- work related to the ship’s entering and leaving a harbour, mooring and unmooring in harbour and during fishing; 60.
- acceptance and transfer of ships, entering and leaving dock, mooring and sailing tests after repairs. If the above-mentioned work is performed in excess of the established working time, it shall be remunerated as overtime. APPROVED by Resolution No. 248 20 February 1996 Government of the Republic of Lithuania PROCEDURE OF GRANTING PERMISSION TO ENTERPRISES TO INTRODUCE A CUMULATIVE RECORD OF WORKING TIME
- Cumulative record of working time may be applied in enterprises that operate continuously, as well as in separate shops, sections, jobs with a discontinuous pattern of work (shift), and certain jobs where specific categories of employees cannot observe the established period of daily or weekly working time due to production, technical, technological or other conditions (Article 44 of the Law on Labour Protection of the Republic of Lithuania).
- Enterprises, establishments and organisations (hereinafter referred to as “enterprises”), irrespective of the form of their ownership and jurisdiction shall submit applications for permission to introduce a cumulative record of working time and shall be granted permission to do so in accordance with the established procedure.
- Cumulative record of working time may be not applied to those employees who are entitled to a reduced period of working time or part-time work (pursuant to Annex). No permission shall be required to introduce a cumulative record of working time in enterprises that must act in accordance with the peculiarities of working time and periods of rest in transport, communications, agricultural enterprises as well as in sea and river fleets approved by the present resolution and in those jobs where the duration of work (shift) may exceed 12 hours per 24-hour period.
- An enterprise that wishes to receive a permission to introduce a cumulative record of working time for a certain category of employees shall submit a request to a territorial division of the State Labour Inspectorate under the Ministry of Social Security and Labour (hereinafter referred to as the “territorial division”); the request shall specify the name of the enterprise, its address, reasons for the introduction of a cumulative record of working time, jobs where a cumulative record of working time must be introduced, conditions of performing such jobs (where they are harmful or hazardous), professions (specialities) of employees, number of employees in each structural division wherein he/she will work after the introduction of a cumulative record of working time. The enterprise shall also submit a consent to introduce a cumulative record of working time issued by its trade union committee. A work schedule (copy) of the intended recorded period shall be attached to the request.
- The territorial division shall examine a request submitted by the enterprise within a period of 14 calendar days from the date when it is received. In certain cases, the Chief State Labour Inspector of the Republic of Lithuania may extend the said period to up to one month. The labour inspector of a territorial division who has refused permission to introduce a cumulative record of working time shall notify the enterprise in writing about the motivated reasons for such a decision.
- An enterprise that does not agree with the conclusion made by the labour inspector of a territorial division shall be entitled to appeal it to the Chief State Labour Inspector of the Republic of Lithuania within a period of 7 calendar days from the date when the said conclusion is received; the Chief State Labour Inspector of the Republic of Lithuania shall make a decision about the validity of presented reasons within a period of 14 days. The decision (refusal to grant permission) of the Chief State Labour Inspector of the Republic of Lithuania may be appealed in accordance with the procedure prescribed by Article 24 of the Law on State Labour Inspection.
- Permission granted by a territorial division to introduce a cumulative record of working time in an enterprise shall be valid as of the date of its issue. The permit shall be signed and stamped by the labour inspector of a territorial division. A copy of the permit shall be kept in the said division.
- After having changed industrial, technical, technological and other conditions related to production, the enterprise which has received permission to introduce a cumulative record of working time shall notify about it in writing the territorial division which has granted the permit and which may withdraw (cancel in writing) the issued permit or grant a new permit. Annex to the Procedure of Granting Permission to Enterprises to Introduce a Cumulative Record of Working Time EMPLOYEES WHO ARE NOT SUBJECT TO CUMULATIVE RECORD OF TIME
- Employees under 18 years of age (Article 41
(1)of the Law on Labour Protection of the Republic of Lithuania, hereinafter referred to as the “Law”). 2. Pupils who work during their free time in the course of school year (Article 41
(2)of the Law). 3. Employees who work in very harmful working conditions (Article 41
(3)of the Law). 4. Persons of limited functional capacity (Article 1
(15)of the Law) whose reduced period of working time is determined in accordance with the conclusions issued by a medical or disablement commission (Article 41
(4)of the Law). 5. Employees whose reduced period of working time is established by the Government of the Republic of Lithuania (
Article 41of the Law), except for duty operators.
- Employees whose period of working time is reduced by agreement with the employer (paragraph one of Article 46 of the Law).
- Employees whose reduced period of working time (reduced working day or reduced working week) is established according to legal acts (
Article 46of the Law, Government Resolution No.
21 “On the Approval of Procedure of Establishing a Reduced Period of Daily or Weekly Working Time” of 9 January 1995 (Valstybės Žinios, No. 5-92, 1995). APPROVED by Resolution No. 248 20 February 1996 Government of the Republic of Lithuania JOBS WHERE THE DURATION OF WORK MAY EXCEED 12 HOURS PER 24-HOUR PERIOD
- Duty inside premises: 1.
- security service: 1.
- watchmen in administration buildings, construction sites; 1.
- employees of forest fire control service; 1.
- dump supervisors; 1.
- fire fighters.
- Supervision of operating objects (duty at operating objects) inside premises carried by the following employees: 2.
- metal workers, electricians, welders of apartment repairs and maintenance emergency services; 2.
- navigators, mechanics, steering officers, pilots (in case of standing ships), refrigerator engineers on duty; 2.
- controllers, control panel supervisors on duty; 2.
- foremen, technicians, metal workers, metal workers drivers, operators of gas control emergency services, gas-main technological equipment servicing operators; 2.
- duty mechanics, engineers, operators of water supplying services, emergency foremen, metal workers repairers, metal workers drivers, electricians; 2.
- lift operators, lift electrical engineers; 2.
- boiler-house engineers, stokers, operators; 2.
- operators and sellers of oil products; 2.
- radio operators; 2.
- employees of street light network controller’s office; 2.
- duty personnel of energy systems: electricians drivers, duty electricians; 2.
- duty personnel of seaport navigation equipment service (lighthouse operators, technical staff on duty), employees of rescue co-ordination centres (captains co-ordinators, senior specialists on duty).
- Services (duty) in health care, social care, schooling, and recreational institutions rendered by: 3.
- medical personnel of all categories (on duty), personnel of all categories in emergency reception departments; 3.
- cooks, night tutors and assistant kitchen workers of pre-school institutions; 3.
- night tutors, cooks, assistant kitchen workers, tutors of boarding schools and child-care institutions of general and special education (on rest days and holidays); 3.
- duty personnel of recreational institutions.
- Accident liquidation specialised services.
- Jobs performed by duty personnel under labour agreements with the Ministry of the Interior, Ministry of Defence, State Security Department of the Republic of Lithuania, and Customs Department under the Ministry of Finance. Notes:
- The duration of work (shift) per 24-hour period of certain categories of employees (health and social care institutions, children’s homes, energy and communications specialised services, as well as accident liquidation services) and personnel on duty inside premises who perform the jobs specified in the above list may be longer than established in paragraph three of Article 40 of the Law on Labour Protection of the Republic of Lithuania (hereinafter referred to as the “Law”). The length of breaks for rest and meals (Articles 51 and 52 of the Law) and conditions of granting them shall be established in the rules of internal work procedure and work schedules.
- When performing the jobs specified in this list, the duration of daily work (shift), including breaks for rest and meals, may exceed 12 hours per 24-hour period. Such pattern of work shall not be applied to those employees whose period of working time has been reduced or who work part-time as established by laws (except for the employees indicated in point 3.1 of this list).
- The duration of work for the jobs specified in this list may be applied to all types of enterprises, joint stock companies, closed joint stock companies, establishments, and organisations irrespective of their form of ownership and jurisdiction (Article 4 of the Law).
- The necessity to introduce a longer than 12 hours per 24-hour period working time (shift) and the actual period of working time (shift) shall be established by the parties in collective or labour agreements, taking account the existing working conditions and peculiarities. Not later than one month before the introduction of a longer than 12 hours per 24-hour period working time (shift), the employees shall be notified thereof.