LABOUR CODE APPROVED BY Law No IX-926 of 4 June 2002 REPUBLIC OF LITHUANIA LABOUR CODE (As last amended on 9 December 2010 – No XI-1219) PART I GENERAL PROVISIONS CHAPTER I LABOUR LAWS AND RELATIONSHI

Article 48

of this Code shall be initiated by the parties specified in Article 51 of the Code.

1. The procedure and time limits for drawing up, signing, supplementing and amending a national, sectoral and territorial collective agreement as well as other related issues shall be determined by the parties to the agreement. Article
2. Registration of a National, Sectoral or Territorial Collective Agreement
3. A national, sectoral and territorial collective agreement shall be subject to registration upon application. The registration procedure shall be established by the Government. The national, sectoral and territorial collective agreement shall, within twenty days from the signing thereof, be submitted for registration by the party – the employers' organisation.
4. If the employers' organisation fails to register the national, sectoral and territorial collective agreement within the time limit set in paragraph 1 of this Article, the other party to the agreement – the trade union – shall acquire the right to submit the national, sectoral and territorial collective agreement for registration. The trade union shall submit the national, sectoral and territorial collective agreement for registration within ten days from the expiry of the time limit specified in paragraph 1 of this Article. Article
5. Validity of a National, Sectoral and Territorial Collective Agreement A national, sectoral and territorial collective agreement shall enter into force from the day of its registration and be valid until the date specified therein or until the conclusion of a new national, sectoral or territorial collective agreement. Article
6. Termination of a National, Sectoral and Territorial Agreement A national, sectoral and territorial collective agreement may be terminated in the cases and in accordance with the procedure established therein. Article
7. Control over the Implementation of a National, Sectoral and Territorial Collective Agreement The implementation of a national, sectoral and territorial collective agreement shall be controlled by the parties to the agreement or persons authorised by them to that end, as well as by the institutions exercising control over compliance with labour laws. Article
8. Settlement of Disputes Arising during the Conclusion and Implementation of National, Sectoral and Territorial Collective Agreements
9. Disputes arising over the conclusion and implementation of a national, sectoral and territorial agreement, as well as disputes over non-performance or improper performance of the collective agreement, leading to infringements of the collective interests and/or rights of employees shall be settled in accordance

Chapter X

1. Disputes between individual employees and the employer over non-compliance or defective compliance with the normative provisions of the national, sectoral or territorial collective agreement shall be settled in accordance with the procedure for settling individual labour disputes (Chapter XIX of the Code). CHAPTER IX COLLECTIVE AGREEMENT OF AN ENTERPRISE Article
2. Collective Agreement of an Enterprise and its Coverage
3. A collective agreement of an enterprise shall be a written agreement between the employer and the employees of the enterprise about working conditions, conditions of remuneration for work and other social and economic conditions. A collective agreement of an enterprise shall be concluded in all types of enterprises, establishments and organisations.
4. A collective agreement concluded in an enterprise shall be applicable to all the employees of the enterprise. Collective agreements may be concluded in branches, representative offices and structural divisions of the enterprise in accordance with the procedure established by the collective agreement of the enterprise and within the limits of the said collective agreement.
5. The specific features of conclusion of collective agreements of an enterprise in the national defence, police and state public administration services shall be established by laws regulating the activities of the respective services. Article
6. Parties to a Collective Agreement of an Enterprise
7. The parties to a collective agreement of an enterprise shall be the staff of the enterprise and the employer, who, for the purposes of concluding such an agreement, shall be represented by the trade union functioning in the enterprise and the manager of the enterprise or authorised administrative officers.
8. Where several trade unions are active in an enterprise, the collective agreement of the enterprise shall be concluded by the joint representation of the trade unions and the employer.
9. The joint representation of the trade unions shall be formed by agreement between the trade unions. If the trade unions fail to reach an agreement on the formation of the joint representation of the trade unions, the decision on the representation shall be adopted by a staff meeting (conference).
10. Where an enterprise has no functioning trade union and where a staff meeting has not transferred the function of employee representation and protection to the trade union of the respective sector of economic activity, a collective agreement may be concluded between the employer and the works council in accordance with the regulations for concluding collective agreements as established in this Chapter. Article
11. Contents of a Collective Agreement of an Enterprise
12. The parties to a collective agreement of an enterprise shall lay down in the agreement the working, professional, social and economic conditions and guarantees which are not regulated by laws and other regulatory acts or by a national, sectoral or territorial collective agreement or which are not contrary to the above-mentioned acts and do not put employees in a worse position.
13. The following conditions may be included in the collective agreement of an enterprise: 1) conditions for concluding, changing and terminating contracts of employment; 2) conditions of remuneration for work (provisions regarding wage rates, basic salaries, bonuses, additional pays, other benefits and compensatory allowances, systems and forms of remuneration for work and provision of incentives, setting of work quotas, indexing and payment of wages and salaries and settlement procedure as well as other provisions); 3) working time and rest periods; 4) provision of safe and healthy working conditions, granting of compensatory allowances and other privileges; 5) acquisition of a profession or speciality, in-service training, retraining and related guarantees and privileges, as well as guarantees provided during the period of vocational rehabilitation; 6) procedure for implementing the collective agreement of the enterprise; 7) exchange of information and consultations between the parties; 8) other working, economic and social conditions and provisions which are of consequence for the parties. Article
14. Drafting of a Collective Agreement of an Enterprise and its Consideration
15. A commission shall be set up by the parties on a parity basis for drafting a collective agreement of an enterprise. The composition of the commission shall be specified in the protocol to the agreement between the parties. The date of the signing of the protocol shall be considered to be the commencement of collective bargaining.
16. When commencing the negotiations, the parties shall discuss what information they will present, time limits for the presentation thereof, the procedure and time limits for drafting a collective agreement of an enterprise.
17. If no agreement is reached on the information to be furnished, the procedure for drafting a collective agreement, the time limits of negotiations, the contents of the enterprise's collective agreement, a protocol of disagreement shall be drawn up. The protocol shall specify the measures proposed by the parties necessary for eliminating the reasons of disagreement and the time limit for resuming the negotiations.
18. The draft collective agreement of the enterprise agreed between the parties shall be submitted to the staff meeting (conference) for consideration. If the meeting (conference) does not approve of the submitted draft, the representatives of the parties shall amend and supplement it taking into account the comments and proposals made and within 15 days repeatedly submit to the staff meeting (conference) for consideration. If the staff meeting (conference) approves of the draft collective agreement of the enterprise, the collective agreement shall be signed by the representatives of the parties not later than within three days. If the draft collective agreement is not approved at the reconsideration stage, the staff meeting (conference) shall take a decision to reopen collective bargaining or to initiate a collective dispute.
19. A staff meeting shall be valid if attended by at least half of the employees of the enterprise (structural division), and in the case of a conference – if attended by at least two thirds of the delegates. If the required number of employees (delegates) are not present at the meeting (conference), a repeat staff meeting (conference) must be convened within five days. A meeting shall be held valid if attended by one-fourth of the employees, and in the case of a conference – if attended by half of the delegates.
20. A staff meeting may be convened in the structural divisions of the enterprise in accordance with the procedure laid down in the enterprise's collective agreement. Voting results shall be established on the basis of the number of votes received at the said meetings.
21. Decisions shall be passed by a majority vote of those present at the meeting (conference), voting, at the choice of the staff meeting (conference delegates), by secret or open ballot. Article
22. Entry into Force and Period of Validity of a Collective Agreement of an Enterprise
23. A collective agreement of an enterprise shall enter into force upon its signing, unless otherwise established in the agreement.
24. A collective agreement of an enterprise shall be valid until the signing of a new collective agreement of the enterprise or until the deadline set in the agreement. Where a fixed-term collective agreement of the enterprise has been concluded, the parties shall start negotiations for its renewal two months before the termination of its validity.
25. If an enterprise or a part thereof passes over from one employer who concluded a collective agreement of the enterprise to another employer, the provisions of the collective agreement shall apply to the new employer as well.
26. If bankruptcy proceedings have been instituted or extrajudicial bankruptcy procedures have been initiated in respect of the enterprise, the validity of the collective agreement of the enterprise shall be restricted under laws. Article
27. Amendments and Supplements to a Collective Agreement of an Enterprise The procedure for amending and supplementing a collective agreement of an enterprise shall be established in the collective agreement of the enterprise. If the procedure has not been established, the collective agreement of the enterprise shall be amended and supplemented in the same manner as the agreement is concluded. Article
28. Termination of a Collective Agreement of an Enterprise A collective agreement of an enterprise may be terminated in the cases and in accordance with the procedure specified in the agreement by any party after giving an at least three-month notice to the other party. Termination of a collective agreement of an enterprise before the lapse of a six-month period after the entry into force of the agreement shall be prohibited. Article
29. Control over the Implementation of a Collective Agreement of an Enterprise
30. Control over fulfilment of the obligations under the collective agreement of an enterprise shall be exercised by the representatives of the parties as well as by institutions authorised under laws.
31. Representatives of the parties to the collective agreement of an enterprise shall report to the staff meeting (conference) on the implementation of the collective agreement of an enterprise. The procedure and time limits for reporting shall be established in the agreement. Article
32. Settlement of Disputes Arising during the Conclusion and Implementation of a Collective Agreement of an Enterprise
33. Disputes arising during the negotiations for the conclusion of a collective agreement of an enterprise, as well as disputes over non-performance or improper performance of the collective agreement leading to violations of the collective interests and/or rights of the employees shall be settled in accordance

Chapter X

1. Disputes between individual employees and the employer over non-compliance or defective compliance with the normative provisions of the enterprise’s collective agreement shall be settled in accordance with the procedure for settling individual labour disputes (Chapter XIX of the Code). CHAPTER X REGULATION OF COLLECTIVE LABOUR DISPUTES Article
2. Collective Labour Dispute A collective labour dispute shall mean a disagreement between the employees and their representatives, on the one part, and the employer and its representatives, on the other part, over the conclusion of a collective agreement, non-compliance or defective compliance with collective agreements and labour regulatory acts leading to violations of the collective interests and/or rights of the employees. Article
3. Making of Demands
4. Demands to the employer can be made and submitted by the trade union functioning in the enterprise, or the joint representation of trade unions functioning in the enterprise, or the organisation of trade unions in the respective sector of economic activity (where the staff meeting has transferred the function of employee representation and protection to that organisation), or the works council.
5. Demands to the employers’ organisation can be made by the trade unions active on the national, sectoral or territorial level or their organisations (associations, federations, centres, etc.).
6. The demands must be precisely defined, motivated, set out in writing and handed in to the employer or the employers’ organisation. Article
7. Consideration of Demands The employer or the employers’ organisation must consider the demands received and within seven days from the receipt thereof communicate its decision in writing to the employees' representatives who have made the demands. If the employees' representatives are not satisfied with this decision, they may initiate the hearing of the collective labour dispute in accordance

this Code. Article

1. Bodies Hearing Collective Labour Disputes Collective labour disputes shall be heard by a conciliation commission, the Labour Arbitration or a third party court or, at the request of one of the parties to the collective labour dispute, the collective labour dispute must be heard through a mediator. Article
2. Formation of the Conciliation Commission
3. The Conciliation Commission shall be formed from an equal number of the authorised representatives of the subjects who have made or received the demands. The number of the Commission members shall be set by agreement between the parties. The Commission must be set up within seven days from the day of refusal to meet the demands by the party who has received the demand or in the absence of a response within the said period.
4. If the parties fail to reach an agreement on the number of members of the Conciliation Commission, they shall at their discretion delegate their representatives to the Conciliation Commission. Each party may have not more than five representatives on the Commission.
5. The Conciliation Commission shall elect its chairman and its secretary from among its members. Article
6. Hearing of Collective Disputes in the Conciliation Commission
7. Hearing of a dispute in the Conciliation Commission shall be a mandatory stage of collective dispute resolution, unless one of the parties to the collective labour dispute requests that the collective labour dispute should be heard through a mediator.
8. The Conciliation Commission must hear the collective dispute within seven days from the day of formation of the Conciliation Commission. The time limit may be extended by agreement between the parties.
9. Representatives of the parties shall have the right to invite specialists (consultants, experts, etc.) to the meeting of the Conciliation Commission in which the collective dispute is heard.
10. The employer must provide the Conciliation Commission conditions for work: provide premises and furnish the necessary information. Article
11. Decision of the Conciliation Commission
12. The decision of the Conciliation Commission shall be adopted by agreement between the parties, executed by drawing up a record and shall be binding on the parties within the time limit and in accordance with the procedure specified in the decision.
13. If the Conciliation Commission fails to reach an agreement on all or part of the demands, the Commission may refer them for hearing to the Labour Arbitration, a third party court or wind up the conciliation procedure by drawing up a protocol of disagreement.
14. The decision of the Conciliation Commission shall be announced to the employees. Article
15. Labour Arbitration. Third Party Court
16. The Labour Arbitration shall be formed under the district court within the jurisdiction whereof the registered office of the enterprise or the party which has received the demands made in the collective dispute is located. The composition of the Labour Arbitration, the procedure for hearing the dispute and executing the adopted decision shall be established by the Regulations of Labour Arbitration approved by the Government.
17. Parties to the collective dispute shall each appoint one or several arbitrators of the third party court and execute the appointments in the form of a written agreement. The procedure for hearing the dispute and executing the adopted decision shall be established by the Regulations of Third Party Court approved by the Government.
18. The Labour Arbitration, the third party court shall within fourteen days resolve the collective dispute referred to them. The decisions of the Labour Arbitration or the third party court shall be binding upon the parties to the dispute. Article
19. Resolution of Collective Labour Disputes through Mediation
20. The aim of the resolution of collective labour disputes through a mediator shall be to reconcile the interests of the parties and to reach an agreement satisfactory to both the parties.
21. A mediator shall be chosen by the parties to the collective labour dispute by common agreement from the list of mediators approved by the Minister of Social Security and Labour within three working days from the receipt of the notification by the employer of the decision regarding the demands received. In case of failure by the parties to reach an agreement on the appointment of a mediator, a mediator shall be selected by lot by the secretariat of the trilateral council not later than within two working days after the application by one of the parties to the collective labour dispute.
22. The resolution of the collective labour dispute through a mediator must be achieved within ten days from the date of the appointment (selection) of a mediator. The time limit may be extended by agreement between the parties. The employer or the employers’ organisation must provide the mediator conditions for work.
23. An agreement reached between the parties to the dispute during the mediation process shall be executed in writing. It shall be binding on the parties to the dispute within the time limit and in accordance with the procedure specified in the agreement. In case of failure to reach an agreement by the representatives of the parties to the collective labour dispute during the mediation process, a protocol of disagreement shall be drawn up. The agreement or the protocol of disagreement shall be signed by the representatives of the parties to the dispute and the mediator.
24. Only natural persons of high moral character and with special knowledge which is necessary for settling collective labour disputes may be entered in the lists of mediators.
25. The procedure for compiling the list of mediators, selecting mediators, mediation and payment for work of mediators shall be established by the Government. Article
26. Strike A strike shall mean temporary suspension of work by the employees or a group of employees of one enterprise, or several enterprises, or a particular sector in the event of a collective dispute not being settled, or in the event of failure to perform, or improper performance of, the decision adopted by the Conciliation Commission, Labour Arbitration or third party court, which is acceptable to the employees, or in the event of failure to resolve a collective labour dispute through a mediator, or in the event of failure to implement the agreement reached during the mediation process. Article
27. Declaration of a Strike
28. The right to take a decision to call a strike in an enterprise or its structural division shall be vested in the trade union functioning in the enterprise in accordance with the procedure laid down in its regulations. Where an enterprise has no functioning trade union and where a staff meeting has not transferred the function of employee representation and protection to the trade union of the respective sector of economic activity, the right to take a decision to call a strike in the enterprise or its structural division shall be vested in the works council. A strike shall be called in the enterprise if the relevant decision is approved by secret ballot by: 1) more than half of the employees of the enterprise voting in favour of a strike in the enterprise; 2) more than half of the employees of a structural division of the enterprise voting in favour of a strike in the respective structural division of the enterprise.
29. The right to take a decision to call a strike on a sectoral level shall be vested in trade union organisations in accordance with the procedure laid down in their regulations, after discussion by the Tripartite Council of the Republic of Lithuania.
30. The employer must be given an at least seven days’ written notice of the beginning of the intended strike by communicating to him the decision adopted in accordance with the procedure laid down in this Article. When a strike is declared, only the demands which have not been met during the conciliation procedure or the mediation process may be put forward.
31. A strike may be preceded by a warning strike. It may not last longer than two hours. A warning strike shall be called by a written decision of the management body authorised by the trade union referred to in paragraphs 1 and 2 of this Article or of the works council, without special consent of the employees. The employer must be given an at least seven days' written notice of the warning strike.
32. When a decision is taken to hold a strike (including a warning strike) in railway and public transport, civil aviation enterprises, medical institutions, water, electricity, heat and gas supply, sewage and waste collection enterprises, the employer must be given an at least fourteen days’ written notice of the beginning of the strike.
33. The decision to call a strike shall specify: 1) the demands with respect to which the strike is called; 2) the beginning of the strike; 3) the body leading the strike. Article
34. Restrictions on Strikes
35. Employees of emergency medical services shall be prohibited from calling a strike. The demands put forward by the said employees shall be settled by the Government, after consulting with the parties to the collective labour dispute.
36. Strikes shall be prohibited in natural disaster areas as well as in the areas where martial law or a state of emergency has been declared in the prescribed manner until the consequences of the natural disaster have been removed or martial law or the state of emergency has been lifted.
37. It shall be prohibited to call a strike during the term of validity of the collective agreement if this agreement is complied with. Article
38. Body Leading a Strike A strike shall be led by the strike committee set up by the subject who has made the demands to the employer. Article
39. Course of a Strike
40. The strike committee together with the employer is bound to ensure the safety of property and people.
41. During a strike in the enterprises, establishments, organisations specified in paragraph 5 of Article 77 of this Code, minimum conditions (services) necessary for meeting the immediate (vital) public needs must be ensured. Such minimum conditions (services) shall be determined by the parties to the collective labour dispute within three days from the submission of the notice of the intended strike to the employer and communicated in writing respectively to the Government or the municipal executive body. Fulfilment of the above conditions shall be ensured by the strike committee, the employer and the employees appointed by them.
42. If the parties to the collective labour dispute fail to reach agreement, a decision concerning the conditions specified in paragraph 2 of this Article shall be taken by the Government or the municipal executive body, upon consultation with the parties to the collective labour dispute.
43. In case of failure to fulfil the conditions specified in paragraph 2 of this Article, the Government or the municipal executive body may enlist other services for that purpose. Article
44. Lawfulness of a Strike
45. When a strike is called, the employer or the subject who has received the demands may apply to the court with a petition to declare the strike unlawful. The court must hear the case within ten days.
46. The court shall recognise a strike as unlawful if the objectives of the strike are contrary to the Constitution of the Republic of Lithuania, other laws or if the strike was declared in breach of the procedure and requirements laid down in this Code.
47. Upon the coming into effect of the court decision to recognise the strike as unlawful, the strike may not be commenced and the strike already in progress must be broken off immediately.
48. If there is a direct threat that the strike will affect the provision of minimum conditions (services) necessary for meeting the essential (vital) public needs and this may endanger human life, health and safety, the court shall be entitled to postpone the intended strike for a thirty day period or to suspend the ongoing strike for the same period. Article
49. Legal Status and Guarantees of the Employees on Strike
50. No one can be forced to join a strike or to refuse to take part in a strike. In the course of the strike the performance of the employment contract with respect to striking employees shall be suspended, while securing uninterrupted length of service and social protection under the state social insurance scheme.
51. Striking employees shall not be paid any remuneration, they shall be released from their obligations to perform their work functions. An agreement may be reached during the negotiations on breaking off the strike that the striking employees will be paid the full amount or part of their wage.
52. Employees who do not take part in the strike, but are unable to perform their work through the strike shall be paid as for the layoff through no fault of their own or they may be transferred with their consent to another job. Article
53. Actions Prohibited for the Employer upon Declaration of a Strike
54. After a decision has been taken to call a strike and during the strike the employer shall be prohibited from: 1) taking any unilateral decision to fully or in part suspend the work (activities) of the enterprise (establishment, organisation) or of a structural division; 2) preventing all or individual employees from coming to their workplace; 3) refusing to provide the employees with work or working tools; 4) creating other conditions which may fully or in part stop the work (activities) of the entire enterprise, establishment, organisation or its separate units; 5) making other decisions interfering with normal work (activities) of the enterprise, establishment, organisation.
55. During a strike, the employer shall be prohibited from recruiting new employees to replace the striking employees, except in the cases specified in paragraph 4 of Article 80 of this Code. Article
56. Ending of a Strike
57. A strike shall end: 1) after a decision has been taken by the employer or employers' organisation to meet the demands; 2) after agreement has been reached by the parties to call off the strike; 3) after the body which has taken a decision to call a strike recognises that it is inexpedient to continue the strike.
58. After the end of the strike work must be resumed not later than on the next working day (shift). Article
59. Liability
60. In case of an unlawful strike the losses incurred by the employer must be compensated by the trade union with its own funds and from its assets if it declared the strike.
61. If the funds of the trade union prove insufficient to compensate for the losses, the employer may by his own decision use the funds set aside under the collective agreement for bonuses to employees, additional benefits and reimbursements other than those provided for by laws.
62. Where the unlawful strike has been organised by the works council the employer may by his own decision use the funds set aside under the collective agreement for bonuses to employees, additional benefits and reimbursements other than those provided for by laws to compensate for the losses sustained through the strike.
63. Managers and other officers of an enterprise or a structural division through whose fault the strike has occurred or who failed to implement or properly implement the decision taken by the conciliation commission (labour arbitration, third party court) or the agreement reached during the mediation process or violated the requirements of Article 83 of this Code shall be subject to disciplinary action, as well as they may be subject to material liability in the amount of up to six monthly basic salaries if through their fault damage has been caused to the employer.
64. Damage inflicted by the strike on other natural or legal persons shall be compensated for in accordance with the laws in force. PART III INDIVIDUAL EMPLOYMENT RELATIONSHIPS CHAPTER XI EMPLOYMENT Article
65. Exercising the Right to Work Persons shall exercise the right to work by concluding employment contracts directly with employers or through the mediation of employment agencies. Article
66. Concept of Employment Employment shall mean a system of legal, economic, social and organisational measures provided by the state, a municipality or a legal person established in the Republic of Lithuania, a legal person or another organisation established in a Member State, or their branches established in the Republic of Lithuania or another Member State, or a citizen of the Republic of Lithuania or another Member State, or another natural person exercising his rights to movement in Member States granted by legal acts of the European Union helping jobseekers to get employment. A Member State shall mean any Member State of the European Union or country of the European Economic Area. Article
67. Provision of Employment Intermediation Services
68. Employment intermediation services shall be provided to jobseekers free of charge by: 1) the Lithuanian Labour Exchange under the Ministry of Social Security and Labour; 2) a legal person established in the Republic of Lithuania or its branches whose founding documents specify the purpose of their activity being the provision of employment intermediation services; 3) a legal person or another organisation established in a Member State, or its branches established in the Republic of Lithuania or another Member State which have been granted such a right in accordance with legal acts of that Member State; 4) a citizen of the Republic of Lithuania or another Member State, or another natural person exercising his rights to movement in Member States granted by legal acts of the European Union and engaging in these activities.
69. The persons referred to in paragraphs 1

Article 195of this Code.

Article

1. Suspension from Work
2. If an employee comes to work intoxicated with alcohol, narcotic or toxic substances, an employer shall not allow him working on that day (shift) and shall suspend his wage. In other cases an employer may suspend an employee from work (duties) only on the grounds established by laws.
3. An employer shall suspend an employee from work without paying him any wage at the written request of officials or bodies entitled to suspension by law. It shall specify the period for which the employee is suspended, the reason and legal ground for suspension.
4. A suspended employee shall, with his consent, be transferred to another work, provided such transfer does not contradict the purpose of suspension.
5. Upon the expiry of the period of suspension, the employee shall be reinstated in his former position, provided that suspension has not given grounds to terminate the employment contract.
6. If the employee has been suspended from work (duties) at the request of the employer or officials from duly authorised bodies without good cause, he shall be entitled to claim damages in accordance with the procedure prescribed by laws. Article
7. Suspension of an Employment Contract in the Case of Failure to Fulfil Obligations by the Employer
8. An employee shall be entitled to suspend the performance of the employment contract for a period of up to three months by giving the employer written notice thereof three working days in advance, provided the employer fails for more than two successive months to fulfil his obligations to the employee, as set out in legal acts, the employment contract or the collective agreement, or fails to pay his full work pay due for over two successive months. In this case the employee shall be relieved of his duty to carry out his job functions and shall not be paid ay work pay.
9. Temporary suspension of the employment contract shall end on the following day when the employee lifts the temporary suspension of the employment contract in writing, or when the employer fulfils his obligations in full to the employee and notifies him thereof, or when the period of three months expires.
10. Where the employee suspends the performance of the employment contract on justified grounds, the employer shall pay him compensation in the amount of at least one minimum monthly wage for each month.
11. The employee who suspends the performance of the employment contract without justified grounds shall be liable for the losses sustained by the employer in accordance with the procedure established by laws. Section four Expiry of an Employment Contract Article
12. Grounds for the Expiry of an Employment Contract
13. An employment contract shall expire: 1) upon the termination thereof on the grounds established by this Code and other laws; 2) upon the liquidation of an employer without legal successor; 3) upon the death of an employee; 4) if the whereabouts of an employer (where an employer is a natural person) or the representatives of an employer cannot be determined.
14. The procedure for the termination of employment relationships when the whereabouts of an employer (where an employer is a natural person) or the representatives of an employer cannot be determined shall be established by the Government. Article
15. Termination of an Employment Contract by Agreement between the Parties
16. One party to an employment contract may offer in writing the other party to terminate the employment contract by agreement between the parties. If the latter accepts the offer, it must, within seven days, notify thereof the party, which has put forward the offer to terminate the employment contract. Having agreed to terminate the contract, the parties shall conclude a written agreement on the termination of the contract. This agreement shall indicate the date when the contract shall be terminated as well as other conditions of the termination of the contract (compensation, granting of unused leave, etc.).
17. If the other party fails, within the time period established in paragraph 1 of this Article, to inform that it agrees to terminate the contract, the offer to terminate the employment contract by agreement between the parties shall be considered rejected. Article
18. Termination of an Employment Contract upon its Expiry
19. Upon the expiry of an employment contract an employer or employee shall be entitled to terminate the employment contract.
20. If neither of the parties terminates the employment contract, the contract shall be considered to become of indefinite duration. Article
21. Termination of an Employment Contract upon the Notice of an Employee
22. An employee shall be entitled to terminate an indefinite-term employment contract, as well as a fixed-term employment contract prior to its expiry by giving the employer written notice thereof at least 14 working days in advance. A collective agreement may set a different period of notice, but it shall not exceed one month. Upon the expiry of the period of notice, the employee shall be entitled to discontinue his work, whereas the employer must execute the termination of the employment contract and settle accounts with the employee.
23. An employee shall be entitled to terminate an indefinite-term employment contract, as well as a fixed-term employment contract prior to its expiry by giving the employer written notice thereof at least three working days from the date of the application, where the request to terminate the employment contract is justified by the employee’s illness or disability restricting proper performance of work, or other valid reasons set out in the collective agreement, or where the employer fails to fulfil his obligations under the employment contract, violates laws or the collective agreement. An employee shall be entitled to terminate an indefinite-term employment contract by giving the employer written notice thereof at least 14 working days in advance, provided he has become entitled to the full old-age pension working in that enterprise, establishment or organisation. In such cases the employment contract must be terminated from the date indicated in the application of the employee.
24. (Repealed as from 28 May 2005).
25. The employee shall be entitled to withdraw his application to terminate the employment contract not later than within three working days from the date of the submission of the application. Thereafter he may withdraw the application only with the employer’s consent. Article
26. Termination of an Employment Contract due to Circumstances beyond the Employee’s Control
27. An employee shall be entitled to terminate an indefinite-term employment contract, as well as a fixed-term employment contract concluded for a period exceeding six months, if the idle time at the employee’s workstation during the working time set in the employment contract without any fault on the part of the employee concerned lasts for over 30 successive days, or if it amounts to over 60 days in the last twelve months, as well as if the employee is not paid his full work pay (monthly wage) for over two successive months.
28. The employment contract must be terminated from the date indicated in the employee’s request. This date must be at least three days after the submission of the request. Article
29. Termination of an Employment Contract on the Initiative of an Employer without any Fault on the Part of an Employee
30. An employer may terminate an indefinite-term employment contract with an employee only for valid reasons by giving him notice thereof in accordance

Article 130of this Code.

The dismissal of an employee from work without any fault on the part of the employee concerned shall be allowed if the employee cannot, with his consent, be transferred to another work.

1. Only the circumstances, which are related to the qualification, professional skills or conduct of an employee, shall be recognised as valid. An employment contract may also be terminated on economic, technological grounds or due to the restructuring of the workplace, as well as for other similar valid reasons.
2. A legitimate reason to terminate employment relationships shall not be: 1) membership in a trade union or involvement in the activities of a trade union beyond the working time or, with the consent of the employer, also during working time; 2) performance of the functions of an employees’ representative at present or in the past; 3) participation in the proceedings against the employer charged with violations of laws, other regulatory acts or the collective agreement, as well as application to administrative bodies; 4) gender, sexual orientation, race, nationality, language, origin, citizenship and social status, belief, marital and family status, convictions or views, membership in political parties and public organisations; 5) age; 6) absence from work when an employee is performing military or other duties and obligations of the citizen of the Republic of Lithuania in the cases established by laws. Version of paragraphs 4 and 5 before 31 December 2010: *
3. An employment contract with employees who will be entitled to the full old-age pension in not more than five years (the collective agreement may stipulate that this restriction applies to employees who will be entitled to the full old-age pension in not more than three years), persons under eighteen years of age, disabled persons and employees raising children under fourteen years of age may be terminated only in exclusive cases where the retention of an employee would substantially violate the interests of the employer. *
4. Pursuant to the provisions of this Article and Article 130, an employer shall be entitled to terminate a fixed-term employment contract before the expiry thereof only in exclusive cases where the employee cannot, with his consent, be transferred to another work, or upon the payment of the average wage to the employee for the remaining period of the employment contract, or in the cases specified by the collective agreement upon the payment of a severance pay to the employee in the amount of at least his one monthly average wage. Version of paragraphs 4 and 5 after 1 January 2011:
5. An employment contract with employees who will be entitled to the full old-age pension in not more than five years, persons under eighteen years of age, disabled persons and employees raising children under fourteen years of age may be terminated only in exclusive cases where the retention of an employee would substantially violate the interests of the employer.
6. Pursuant to the provisions of this Article and Article 130, an employer shall be entitled to terminate a fixed-term employment contract before the expiry thereof only in exclusive cases where the employee cannot, with his consent, be transferred to another work, or upon the payment of the average wage to the employee for the remaining period of the employment contract. *Note: the provisions of collective agreements agreed pursuant to this Law shall be valid until 31 December
7. Article
8. Notice of the Termination of an Employment Contract Version of paragraph 1 before 31 December 2010: *
9. An employer shall be entitled to terminate an employment contract by giving written notice to the employee against signature two months in advance (subject to the collective agreement – at least one month in advance). Employees referred to in paragraph 4 of Article 129 of this Code must be given notice of dismissal from work at least four months in advance (subject to the collective agreement – at least two months in advance). Version of paragraph 1 after 1 January 2011:
10. An employer shall be entitled to terminate an employment contract by giving written notice to the employee against signature two months in advance. Employees referred to in Article 129