Šis įstatymas reguliuoja darbo santykius, susijusius su darbo teisių įgyvendinimu ir apsauga bei darbo pareigų vykdymu…
Apie ką šis teisės aktas?
Šis įstatymas reguliuoja darbo santykius, susijusius su darbo teisių įgyvendinimu ir apsauga bei darbo pareigų vykdymu, nustatytų šiame Kodekse ir kituose teisės aktuose. Jis nustato darbo teisės principus, šaltinius ir taikymo sritį.
Kam taikoma: Visiems Lietuvos Respublikos piliečiams, užsiimantiems darbo santykiais; Užsienio piliečiams ir asmenims be pilietybės, nuolat gyvenantiems Lietuvos Respublikoje.
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Ką reguliuoja šis teisės aktas?
- Darbo santykius, susijusius su darbo teisių ir pareigų įgyvendinimu ir apsauga.
- Darbo santykių teisinio reguliavimo principus, tokius kaip asociacijų laisvė, darbo pasirinkimo laisvė ir lygybė.
- Darbo teisės šaltinius, įskaitant Lietuvos Respublikos Konstituciją, tarptautines sutartis ir ES teisės normas.
- Darbo įstatymų taikymo sritį Lietuvos Respublikos teritorijoje ir tarptautinio pobūdžio darbo santykiams.
Kam taikomas šis teisės aktas?
- Visiems Lietuvos Respublikos piliečiams, užsiimantiems darbo santykiais.
- Užsienio piliečiams ir asmenims be pilietybės, nuolat gyvenantiems Lietuvos Respublikoje.
Kokie yra pagrindiniai punktai?
- Darbo teisės subjektai yra lygūs nepriklausomai nuo lyties, seksualinės orientacijos, rasės, tautybės, kalbos, kilmės, pilietybės ir socialinės padėties, religijos, šeiminės ir šeimos padėties, amžiaus, įsitikinimų ar pažiūrų, narystės politinėse partijose ir visuomeninėse organizacijose, veiksnių, nesusijusių su darbuotojo profesinėmis savybėmis.
- Draudžiamas visų formų priverstinis ir privalomas darbas.
- Asmuo įgyja visišką teisnumą darbo santykiuose ir gebėjimą įgyti darbo teises bei prisiimti darbo pareigas, kai jam sukanka šešiolika metų.
- Jei tarptautinės sutartys, kurių dalyvė yra Lietuvos Respublika, nustato kitokias taisykles nei šiame Kodekse ir kituose Lietuvos Respublikos darbo įstatymuose, taikomos tarptautinių sutarčių taisyklės.
Darbo teisė
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Įstatymo tekstas
Įstatymo tekstas
Turinys (304)
- Article 1 Relationships Regulated by the Labour Code of the Republic of Lithuani
- Article 2 Principles of Legal Regulation of Employment Relationships
- Article 3 Sources of Labour Law
- Article 5 Scope of Labour Laws
- Article 6 Application of Foreign Law
- Article 7 Law Applicable to Employment Relationships of International Character
- Article 8 International Treaties
- Article 9 Analogy of Law and Legislation
- Article 10 Principles of Interpretation of Provisions of the Labour Code
- Article 11 Implementation of Labour Laws
- Article 12 Validity of Labour Laws
- Article 13 General Legal Capacity of Natural Persons in Employment Relationships
- Article 14 General Legal Capacity of Employers in Employment Relationships
- Article 15 Employee
- Article 16 Employer
- Article 17 Staff
- Article 18 Basic Principles of Representation
- Article 19 Employees' Representatives
- Article 20 Trade Unions
- Article 21 Works Council
- Article 22 Rights of Employees' Representatives
- Article 23 Employers' Rights and Obligations Relating to the Employees' Represent
- Article 24 Representatives of Employers
- Article 25 Definition of a Time Limit
- Article 26 Calculation of Time Limits
- Article 27 Limitation of Actions
- Article 28 Extinctive Time Limits
- Article 29 Procedural Time Limits
- Article 30 Length of Service
- Article 31 Bodies Exercising Control over Compliance with Labour Laws
- Article 32 State Control over Compliance with Labour Laws, Collective Agreements
- Article 33 Non-state Control over Compliance with Labour Laws, Collective Agreeme
- Article 34 Grounds Giving Rise to Employment Rights and Obligations
- Article 35 Exercise of Employment Rights and Fulfilment of Employment Obligations
- Article 36 Protection of Employment Rights
- Article 37 Protection of Employment Rights by Employees Themselves
- Article 38 Liability
- Article 39 Reconciliation of Interests of Subjects of Employment Relationships
- Article 40 Concept and Principles of Social Partnership
- Article 41 Parties of Social Partnership
- Article 42 Levels of Social Partnership
- Article 43 Forms of Social Partnership
- Article 44 System of Social Partnership
- Article 45 Tripartite Council of the Republic of Lithuania
- Article 46 Other Trilateral and Bilateral Councils (Commissions, Committees)
- Article 47 Information and Consultation
- Article 48 Collective Bargaining
- Article 49 Types of Collective Agreements
- Article 50 Contents of a National, Sectoral and Territorial Collective Agreement
- Article 51 Parties to a National, Sectoral and Territorial Collective Agreement
- Article 52 Scope of a National, Sectoral or Territorial Collective Agreement
- Article 53 Procedure for Drawing up a National, Sectoral or Territorial Collectiv
- Article 54 Registration of a National, Sectoral or Territorial Collective Agreeme
- Article 55 Validity of a National, Sectoral and Territorial Collective Agreement
- Article 56 Termination of a National, Sectoral and Territorial Agreement
- Article 57 Control over the Implementation of a National, Sectoral and Territoria
- Article 58
- Article 59 Collective Agreement of an Enterprise and its Coverage
- Article 60 Parties to a Collective Agreement of an Enterprise
- Article 61 Contents of a Collective Agreement of an Enterprise
- Article 62 Drafting of a Collective Agreement of an Enterprise and its Considerat
- Article 63 Entry into Force and Period of Validity of a Collective Agreement of a
- Article 64 Amendments and Supplements to a Collective Agreement of an Enterprise
- Article 65 Termination of a Collective Agreement of an Enterprise
- Article 66 Control over the Implementation of a Collective Agreement of an Enterp
- Article 67 Settlement of Disputes Arising during the Conclusion and Implementatio
- Article 68 Collective Labour Dispute
- Article 69 Making of Demands
- Article 70 Consideration of Demands
- Article 71 Bodies Hearing Collective Labour Disputes
- Article 72 Formation of the Conciliation Commission
- Article 73 Hearing of Collective Disputes in the Conciliation Commission
- Article 74 Decision of the Conciliation Commission
- Article 75 Labour Arbitration. Third Party Court
- Article 751 Resolution of Collective Labour Disputes through Mediation
- Article 76 Strike
- Article 77 Declaration of a Strike
- Article 78 Restrictions on Strikes
- Article 79 Body Leading a Strike
- Article 80 Course of a Strike
- Article 81 Lawfulness of a Strike
- Article 82 Legal Status and Guarantees of the Employees on Strike
- Article 83 Actions Prohibited for the Employer upon Declaration of a Strike
- Article 84 Ending of a Strike
- Article 85 Liability
- Article 86 Exercising the Right to Work
- Article 87 Concept of Employment
- Article 88 Provision of Employment Intermediation Services
- Article 89 Information on Job Vacancies
- Article 90 Repealed as from 5 January 2010
- Article 91 Unemployed
- Article 92 Support for the Employment of Jobseekers
- Article 93 Concept of an Employment Contract
- Article 94 Content of an Employment Contract
- Article 95 Conditions of an Employment Contract
- Article 96 Guarantees upon Recruitment
- Article 97 Restrictions on Recruitment
- Article 98 Illegal Work
- Article 99 Conclusion of an Employment Contract
- Article 100 Preconditions for an Employment Contract
- Article 101 Competition
- Article 102 Elective Posts
- Article 103 Qualification Examinations
- Article 104 Documents Required upon Recruitment
- Article 105 Trial upon Concluding an Employment Contract
- Article 106 Trial Period
- Article 107 Results of Trial
- Article 108 Types of Employment Contracts
- Article 109 Fixed-term Employment Contract
- Article 110 Determination of the Term of an Employment Contract
- Article 111 Effects of the Expiry of a Fixed-term Employment Contract
- Article 112 Seasonal Employment Contract
- Article 113 Temporary Employment Contract
- Article 114 Additional Work and Secondary Job
- Article 115 Teleworking Contract
- Article 116 Contract on the Supply of Services
- Article 117 Characteristics of Other Types of Employment Contracts
- Article 118 Employee’s Duty to Perform his Assignment by himself
- Article 119 Prohibition against Requiring to Perform any Work not Agreed in an Emp
- Article 120 Changes to the Conditions of an Employment Contract
- Article 121 Temporary Changes in Working Conditions in Cases of Emergency
- Article 122 Transfer to Another Work in the Case of Idle Time
- Article 123 Suspension from Work
- Article 1231 Suspension of an Employment Contract in the Case of Failure to Fulfil
- Article 124 Grounds for the Expiry of an Employment Contract
- Article 125 Termination of an Employment Contract by Agreement between the Parties
- Article 126 Termination of an Employment Contract upon its Expiry
- Article 127 Termination of an Employment Contract upon the Notice of an Employee
- Article 128 Termination of an Employment Contract due to Circumstances beyond the
- Article 129 Termination of an Employment Contract on the Initiative of an Employer
- Article 130 Notice of the Termination of an Employment Contract
- Article 1301 Collective Redundancies
- Article 131 Restrictions on the Termination of an Employment Contract
- Article 132 Guarantees to Pregnant Women and Employees Raising Children
- Article 133 Guarantees to Employees who have Contracted a Disease or have been Inj
- Article 134 Guarantees to Employees’ Representatives
- Article 135 Right of Priority to Retain the Job in the Case of Redundancy
- Article 136 Termination of an Employment Contract without Notice
- Article 137 Termination of an Employment Contract in the Case of the Bankruptcy of
- Article 138 Restrictions on the Termination of an Employment Contract during the R
- Article 139 Elimination of Contradictions of an Employment Contract to Laws
- Article 140 Severance Pay
- Article 141 Procedure for Settling Accounts with an Employee being Dismissed
- Article 142 Concept of Working Time
- Article 143 Composition of Working Time
- Article 144 Working Time
- Article 145 Shorter Working Time
- Article 146 Part-time Work
- Article 147 Work Time Regime
- Article 148 Specific Features of Work and Rest in Sectors of Economic Activities
- Article 149 Summary Recording of Working Time
- Article 150 Limitation of Overtime Work
- Article 151 Exceptional Cases when an Employer may Assign Overtime Work
- Article 152 Duration of Overtime Work
- Article 153 Working Time during Public Holidays and Eves of Rest Days
- Article 154 Work at Night
- Article 155 On-call Duty at the Enterprise or at Home
- Article 156 Definition of Rest Period
- Article 157 Categories of Rest Periods
- Article 158 Break to Rest and to Eat
- Article 159 Additional and Special Breaks
- Article 160 Daily Rest
- Article 161 Uninterrupted Weekly Rest
- Article 162 Public Holidays
- Article 163 Remembrance Days
- Article 164 Types of Leave
- Article 165 Annual Leave
- Article 166 Minimum Annual Leave
- Article 167 Extended Annual Leave
- Article 168 Additional Annual Leave
- Article 169 Procedure for Granting Annual Leave
- Article 170 Length of Service Entitling to Annual Leave
- Article 171 Duration of Annual Leave
- Article 172 Division of Annual Leave into Instalments
- Article 173 Recall from Annual Leave
- Article 174 Transfer and Extension of Annual Leave
- Article 175 Granting of Unused Annual Leave when Dismissing from Work
- Article 176 Pay for Annual Leave
- Article 177 Monetary Compensation for Unused Annual Leave
- Article 178 Categories of Special-Purpose Leave
- Article 179 Maternity Leave
- Article 180 Parental Leave until the Child Reaches Three Years of Age
- Article 181 Educational Leave
- Article 182 Sabbatical Leave
- Article 183 Leave of Absence for the Performance of Official or Public Duties
- Article 184 Unpaid Leave
- Article 185 Additional Leave Privileges
- Article 186 Wage
- Article 187 Minimum Wage
- Article 188 Organisation of Remuneration for Work
- Article189 Remuneration for Work to Employees of State and Municipal Enterprises,
- Article 190 Indexing of the Wage
- Article 191 Provision of Normal Working Conditions
- Article 192 Remuneration for Work in the Event of Non-conformity with the Normal W
- Article 193 Remuneration for Overtime and Night Work
- Article 194 Remuneration for Work on Rest Days and Public Holidays
- Article 195 Payment for Idle Time
- Article 196 Payment for Incomplete Working Time
- Article 197 Remuneration for Increased Scope of Work
- Article 198 Remuneration for Work in the Case of Shorter Hours
- Article 199 Remuneration for Work in the Case of Manufacturing of Defective Produc
- Article 200 Work Pay when Output Quotas Have Not Been Met
- Article 201 Time Periods, Place and Procedure of Payment of Wage
- Article 202 Pay Slips
- Article 203 Notification of New Remuneration Conditions
- Article 204 Average Wage
- Article 205 Protection of the Employees Claims in the Case of the Employer’s Insol
- Article 206 Remuneration for Work when Dismissing the Employee from Work or in the
- Article 207 Late Payment of the Wage and Other Payments Relating to Employment Rel
- Article 208 Disclosure of the Wage
- Article 209 Privileges and Guarantees to the Employees Who Are Studying
- Article 210 Conditions of Pay for Educational Leave
- Article 211 Professional Training of the Employees Notified about their Dismissal
- Article 212 Remuneration after Transfer of the Employee to another Job for Health
- Article 213 Payment for Additional and Special Breaks
- Article 214 Additional Privileges to Persons Raising Children
- Article 215 Guarantees for Employees who are Sent to Medical Institutions for Heal
- Article 216 Compensations to the Employees Engaged in Mobile Work or Work Involvin
- Article 217 Pay upon Refusal to Work
- Article 218 Guarantees for Donors
- Article 219 Compensation to the Employees for the Wear and Tear of the Their Instr
- Article 220 Guarantees and Compensations in the Case of Posting to Perform Work
- Article 221 Guarantees and Compensations when Admitting to Work or Transferring to
- Article 222 Paying Back the Compensations Paid
- Article 223 Settling Pecuniary Claims
- Article 224 Grounds for Wage Deductions
- Article 225 Limitation on Wage Deductions
- Article 226 Prohibition to Make Deductions from Severance Pay, Compensations and S
- Article 227 Ensuring Labour Discipline
- Article 228 Employees' Duties
- Article 229 Employer's Duties
- Article 230 Work Regulations
- Article 231 Special Legal Acts Regulating Labour Discipline
- Article 232 Job Description and Regulations
- Article 233 Incentives Offered by the Employer
- Article 234 Breach of Labour Discipline
- Article 235 Gross Breach of Work Duties
- Article 236 Grounds of Disciplinary Liability
- Article 237 Disciplinary Sanctions
- Article 238 Selection of a Disciplinary Sanction
- Article 239 Prohibition to Impose Several Disciplinary Sanctions for One Breach of
- Article 240 Procedure of Imposing a Disciplinary Sanction
- Article 241 Time of Imposing a Disciplinary Sanction
- Article 242 Appeal against a Disciplinary Sanction
- Article 243 Term of a Disciplinary Sanction
- Article 244 Lifting of a Disciplinary Sanction
- Article 245 Grounds for Incurring Liability
- Article 246 Conditions of Incurring Liability
- Article 247 Taking into Account the Victim’s Fault
- Article 248 Cases of Employer's Liability
- Article 249
- Article 250 Compensation of Damage Other than Property Damage
- Article 251 Compensation of Damage after Restructuring of an Enterprise, Establish
- Article 252 Compensation of Damage after Liquidation of an Enterprise
- Article 253 Cases of Employees' Liability
- Article 254 Limits of Employees' Liability
- Article 255 Cases where Employees Must Compensate all Damage
- Article 256 Contract of Full Material Liability
- Article 257 Determination of the Amount of Damage to be Compensated
- Article 258 Recovery of Damage Caused by an Employee
- Article 259 Safety and Health at Work
- Article 260 Right of Employees to Work in Safety
- Article 261 Design of Workstations
- Article 262 Work Equipment
- Article 263 Protection from Exposure to Dangerous Chemical Substances
- Article 264 Organisation and Performance of Safe Work
- Article 265 Compulsory Health Examinations
- Article 266 Suspension of Works
- Article 267 Ancillary Facilities of an Enterprise
- Article 269 Participation of Employees in Implementing Occupational Safety and Hea
- Article 270 Training, Instruction and Qualification Testing of Employees in Occupa
- Article 271 Providing Employees with Protective Equipment
- Article 272 Organisation of Health Care Services
- Article 273 Duty of the Employer to Transfer the Employee to Another Job for Medic
- Article 274 Duties of Employees
- Article 275 Rights of Employees
- Article 276 Refusal to Work by an Employee
- Article 277 Work of Persons under Eighteen Years of Age
- Article 278 Maternity protection
- Article 279 Guarantees of Safety and Health at Work for Working Disabled Persons
- Article 280 Assessment of Safety and Health at Work
- Article 281 Reports on Accidents at Work and Occupational Diseases
- Article 282 Investigation of Accidents, Occupational Diseases
- Article 283 Compensation for Damage to an Employee’s Health
- Article 284 Management and Control of Employees' Safety and Health at Work
- Article 285 Individual Labour Dispute
- Article 286 Bodies Hearing Individual Labour Dispute
- Article 287 Clerk of the Labour Disputes Commission
- Article 288 Formation of the Labour Disputes Commission
- Article 289 Powers of the Labour Disputes Commission
- Article 290 Preparation of the Labour Case for Hearing in the Labour Disputes Comm
- Article 291 Meetings of the Labour Disputes Commission
- Article 292 Hearing of the Case, Passing of a Decision
- Article 293 Appealing against the Decision of the Labour Disputes Commission
- Article 294 Execution of the Decision of the Labour Disputes Commission
- Article 295 Hearing of Labour Disputes in Courts
- Article 296 Time Limits for Applying to the Labour Disputes Commission
- Article 297 Disputes relating to the Employment Contract
- Article 298 Meeting of Pecuniary Claims
- Article 299 Execution without Delay of Decisions and Rulings
- Article 300 Effects of Failure to Execute Decisions in a Labour Case
- Article 301 Recourse on the Execution of the Decision or Ruling
- Article 302 Expenses of the Labour Disputes Commission and Litigation Costs
- Article 303 Employment Guarantees of Labour Disputes Commission Members
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 RELATIONSHIPS REGULATED BY LABOUR LAWS
Article 1Relationships Regulated by the Labour Code of the Republic of Lithuania
1.This Code shall regulate employment relationships connected with the exercise and protection of employment rights and the fulfilment of employment obligations established in this Code and other regulatory acts.
2.The limits of regulation of individual spheres of employment relationships shall be established by this Code, as well as by other laws and Government resolutions in accordance with the limits established by this Code.
Article 2Principles of Legal Regulation of Employment Relationships
1.The regulation of relationships referred to in Article 1 of this Code shall be subject to the following principles:
1)freedom of association;
2)freedom of choice of employment;
3)state aid to persons in realising the right to employment;
4)equality of subjects of labour law irrespective of their gender, sexual orientation, race, nationality, language, origin, citizenship and social status, religion, marital and family status, age, beliefs or views, membership in political parties and public organisations, factors that are not related to the employee's professional qualities;
5)provision of safe and healthy working conditions;
6)fair remuneration for work;
7)prohibition of all forms of forced and compulsory labour;
8)stability of employment relationships;
9)uniformity of labour laws and their differentiation on the basis of working conditions and psychophysical qualities of employees;
10)freedom of collective bargaining for the purpose of reconciliation of interests of employees, employers and the state;
11)liability of the parties to collective agreements for their obligations.
2.The state must support the implementation of employment rights. Employment rights may in exceptional cases be restricted only by law or by a court decision where such restrictions are necessary in order to protect public order, the principles of public morals, as well as the health, life, property, rights and legitimate interests of members of the public.
Article 3Sources of Labour Law
1.The sources of labour law shall comprise the Constitution of the Republic of Lithuania, international treaties to which the Republic of Lithuania is a party, EU legal norms regulating employment relationships, this Code, other laws and regulatory acts consistent with these laws, regulatory provisions of collective agreements.
2.Government resolutions and other regulatory acts may regulate employment relationships only in the cases and to the extent determined by this Code and other laws.
Article. 4. Labour Laws and other Regulatory Acts 1. Labour laws shall establish:
1)the scope, tasks and principles of labour law;
2)legal grounds of the employment of the population;
3)rules for concluding and implementing collective agreements, as well as the liability of the parties for their obligations;
4)conditions of remuneration for work in enterprises, establishments and organisations financed from the state and municipal budgets;
5)maximum working time and minimum rest periods;
6)the amount of minimum benefits, guarantees, compensations and the level of other employment rights;
7)basic employee safety and health standards and rules;
8)rights of trade unions and other employees' representatives in the sphere of employment;
9)basic provisions of professional education and in-service training;
10)grounds for ensuring labour discipline;
11)conditions and amount (limits) of material liability;
12)basic provisions of the supervision of and control over compliance with labour laws.
2.The Government, other state and municipal institutions shall have the right to adopt, within their respective competence, regulatory acts on the issues relating to the regulation of employment relationships. The Government may not adopt regulatory acts putting employees in a worse position as compared to that established by this Code and other labour laws. The provisions of regulatory acts of other state and municipal institutions putting employees in a worse position as compared to that established by this Code and other labour laws shall be null and void.
3.Enterprises, establishments and organisations may, within their respective competence and in the manner prescribed by laws, adopt internal (local) regulatory acts establishing working conditions other than those regulated by labour laws and other regulatory acts referred to in paragraphs 1 and 2 of this Article, as well as providing for work, social and household allowances to employees or their groups in addition to those established by laws and other regulatory acts.
4.Tripartite agreements, collective agreements and internal (local) regulatory acts on working conditions putting employees in a worse position as compared to that established by this Code, laws and other regulatory acts shall be null and void. In the cases where this Code and other laws do not directly prohibit subjects of legal employment relationships from establishing, of their own accord and by agreement, mutual rights and obligations, these subjects must observe the principles of equity, reasonableness and fairness.
Article 5Scope of Labour Laws
1.Labour laws and other regulatory acts shall be applied to employment relationships in the territory of the Republic of Lithuania regardless of whether a person is employed in Lithuania or has been posted by his employer abroad.
2.Employment relationships which arise when persons are employed on board ships or on board aircraft shall be regulated by labour laws and other regulatory acts of the Republic of Lithuania when these ships are flying the national flag of the Republic of Lithuania or the aircraft is marked with the symbols of Lithuania. Labour laws, other regulatory acts of the Republic of Lithuania shall be applied to persons working on other means of transport if the employers who own these means of transport fall within the jurisdiction of the Republic of Lithuania.
3.Where an employer is a foreign state, the Government or an administrative unit or a unit operating as a diplomatic mission, foreign organisation or person, laws and other regulatory acts of the Republic of Lithuania shall apply to employment relationships with residents of the Republic of Lithuania to the extent they do not violate diplomatic immunity.
4.(Repealed).
Article 6Application of Foreign Law
1.Foreign law shall apply to employment relationships where this is provided for by international treaties to which the Republic of Lithuania is a party, laws of the Republic of Lithuania or agreements between the parties to the contract of employment.
2.Foreign law shall not apply where the application thereof is contrary to public order established by the Constitution and other laws of the Republic of Lithuania. In such cases labour laws of the Republic of Lithuania shall be applied.
3.The mandatory provisions of the labour law of the Republic of Lithuania shall be applied regardless of the fact that the parties have chosen to apply foreign law.
Article 7Law Applicable to Employment Relationships of International Character
1.The parties to a contract of employment may choose the law applicable both to the entire contract of employment and to a part thereof. The choice must be explicit or implicit from the conditions of the contract of employment or other circumstances. The choice by the parties of the applicable law shall not invalidate in the sphere of employee protection the mandatory legal provisions of the state whose laws would apply in the absence of an agreement between the parties on the applicable law.
2.In case of failure by the parties to choose the applicable law by an agreement between them, the said law shall be chosen based on the following principles:
1)in case of permanent employment in one state, the labour law of that state shall be applied irrespective of the employee temporarily working in another state;
2)if the employee has no permanent employment in any state, the labour law of the state where the employer has his principal place of business (headquarters) shall be applied;
3)if all the existing circumstances allow to conclude that employment relationships are connected to a greater extent with the state other than the one whose law is applicable according to the principles listed in paragraphs 2(1) and 2(2) of this Article, the labour law of that other state with which these employment relationships are connected to the greatest extent shall be applied.
Article 8International Treaties
1.Where international treaties to which the Republic of Lithuania is a party establish rules other than those laid down by this Code and other labour laws of the Republic of Lithuania, the rules of the international treaties to which the Republic of Lithuania is a party shall be applied.
2.International treaties to which the Republic of Lithuania is a party shall be directly applied to employment relationships, except in cases where international treaties provide that the application thereof requires a special regulatory act of the Republic of Lithuania.
Article 9Analogy of Law and Legislation
1.Where labour law has no direct provision regulating a certain relationship, the provisions of labour law regulating a similar relationship shall apply.
2.Where the analogy of labour regulatory acts cannot be applied, provisions of other branches of law regulating similar relationships shall apply according to the basic principles and spirit of labour laws.
3.Application by analogy of special legal provisions establishing exceptions from the general rules shall not be allowed.
4.Where relationships referred to in Article 1 of this Code are not regulated by labour regulatory acts, and provisions of other branches of law which regulate similar relationships may not be applied to them, the arising disputes shall be settled subject to the principles listed in paragraph 1 of Article 2.
Article 10Principles of Interpretation of Provisions of the Labour Code
1.The provisions of this Code shall be interpreted having regard to the system and structure of the Code in order to ensure the uniformity of the Code and the compatibility of its individual constituent parts.
2.The words and word combinations used in the Code shall be interpreted in their general meaning except for the cases when it can be inferred from the context that the word or combination of words is used in its special – legal, technical or other – meaning. In case of a contradiction between the general and special meaning of a word, the special meaning of the word shall be given priority.
3.When determining the actual meaning of the provision, the tasks and objectives of the Code and the provision being interpreted shall be taken into account.
Article 11Implementation of Labour Laws
1.In case of a contradiction between a provision of this Code and provisions of another law or regulatory act, the provision of this Code shall apply.
2.Should there be contradictions between the provisions of labour regulatory acts, the provision which is more beneficial for the employee shall apply.
Article 12Validity of Labour Laws
Labour laws and other regulatory acts regulating employment relationships shall have no retroactive effect.
CHAPTER II
SUBJECTS OF LABOUR LAW
Article 13General Legal Capacity of Natural Persons in Employment Relationships
1.Capacity to have employment rights and obligations (legal capacity in employment relationships) shall be recognised equally to all citizens of the Republic of Lithuania. Foreign nationals and stateless persons, who are permanently residing in the Republic of Lithuania, shall have the same legal capacity in employment relationships in the Republic of Lithuania as its citizens. Exceptions may be provided for by laws.
2.A person shall acquire full legal capacity in employment relationships and capacity to acquire employment rights and undertake employment obligations when he reaches sixteen years of age. Exceptions shall be provided for by this Code and other labour laws.
Article 14General Legal Capacity of Employers in Employment Relationships
1.Employers shall acquire general legal capacity in employment relationships from the moment of their establishment.
2.Employers shall acquire employment rights and undertake employment obligations as well as exercise the above rights and fulfil the above obligations through their bodies and administration. The said bodies shall be formed and act in accordance with laws and the activity documents of employers. Owners of individual (personal) enterprises, farmers and employers-natural persons may exercise employment rights and fulfil employment obligations themselves.
Article 15Employee
An employee is a natural person having general legal capacity in employment relationships pursuant to Article 13 of this Code and employed under a contract of employment for remuneration.
Article 16Employer
1.An employer may be an enterprise, establishment, organisation or any other organisational structure irrespective of the form of ownership, legal form, type and nature of activities, which has general legal capacity in employment relationships pursuant to Article 14 of this Code.
2.An employer may also be any natural person. General legal capacity of an employer (natural person) shall be regulated by the Civil Code.
Article 17Staff
The staff shall comprise all employees connected with the employer by employment relationships.
CHAPTER III
REPRESENTATION OF LABOUR LAW SUBJECTS
Article 18Basic Principles of Representation
1.Employees and employers may acquire, change, waive or defend employment rights and obligations through the entities representing them. Employees and employers may be represented both in collective and individual employment relationships. Representation in collective employment relationships shall be regulated by this Code, whereas representation in individual employment relationships shall be regulated by the Civil Code insofar as such regulation is consistent with this Code.
2.Representation in collective employment relationships based on the effective labour laws shall occur without the expression of will of an individual employee provided that such entity or person represents the will of the majority of employees. Joint obligations assumed under such representation shall be binding on all the employees who fall within the scope of such obligations, even though individually they have not given special authorisation to the entity of collective representation.
Article 19Employees' Representatives
1.The rights and interests of employees under employment relationships may be represented and protected by trade unions. Where an enterprise, establishment or organisation 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 employees shall be represented by the works council elected by secret ballot at a general staff meeting.
2.The interests of both the employees and the employers may not be represented and protected by one and the same person.
Article 20Trade Unions
When protecting employment, professional, economic and social rights and interests of the employees, trade unions shall be guided by laws regulating the activities of trade unions, this Code and their respective regulations.
Article 21Works Council
1.The status of works councils and the procedure of their formation shall be established by law.
2.The works council shall have all the rights of the entities of collective representation where an enterprise, establishment or organisation 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 (paragraph 1 of Article 19 of the Code).
3.The works council may not perform functions recognised under laws as the prerogative of trade unions.
Article 22Rights of Employees' Representatives
1.The employees' representatives shall have the following main rights of collective representation:
1)to conclude collective agreements, supervise the implementation thereof;
2)to submit proposals to the employer concerning the organisation of work in the enterprise;
3)to organise and manage strikes and other lawful measures which the employees have the right to take;
4)to submit proposals to state and municipal institutions;
5)to exercise non-governmental supervision of and control over compliance with labour laws;
6)to protect the rights and interests of the employees when the employer takes decisions concerning collective redundancies, the reorganisation of the enterprise, establishment or organisation and other decisions that are likely to have substantial effects on the legal status of the employees;
7)to receive information and have consultations with employers about the current and future activities of the enterprise (structural division), its economic situation and the status of employment relationships, as well as prior to taking decisions that are likely to have substantial effects on the organisation of work in the enterprise and the legal status of the employees;
8)to appeal to the court against decisions and actions of the employer and persons authorised by him if the said decisions and actions are contrary to legal norms and agreements or violate the rights of the represented person.
2.The entities representing the employees shall also carry out other actions representing the interests of the employees in employment relationships as well as complying with laws and not interfering with bona fide relationships between the parties. If the competence of the employees' representatives is not defined by laws, the remit of their competence shall be determined by the staff in the collective agreement.
Article 23Employers' Rights and Obligations Relating to the Employees' Representatives
1.An employer must:
1)respect the rights of the employees' representatives and not interfere with their activities. The activities of the employees' representatives may not be terminated at the employer's will;
2)when making decisions that may affect the legal status of the employees, hold consultations with the employees' representatives and, in cases provided for by laws, obtain their consent;
3)not delay collective bargaining;
4)consider the proposals submitted by the employees' representatives within the term set in this Code or, where no term is set, within one month and give a reasoned response thereto in writing;
5)provide free of charge the minimum information on work-related issues concerning the activities of the enterprise;
6)provide conditions for the employees' representatives to perform their functions;
7)perform other obligations provided for by collective agreements;
8)ensure other rights of the employees' representatives provided for by laws.
2.Should the employees' representatives infringe the employer's rights, laws or agreements, the employer shall have the right to apply to the court in accordance with the procedure established by laws requesting termination of the activity infringing his rights, laws or agreements.
Article 24Representatives of Employers
1.An employer shall be represented both in collective and individual employment relationships by the manager of an enterprise, establishment or organisation. Employers may also be represented in enterprises by other persons (the administration) under the law or authorisation. The administration shall be comprised of officers who are entitled to give binding directions within their competence to the employees subordinate to them. The officers of the administration shall carry out operational management of an enterprise, establishment and organisation in accordance with laws and founding documents of the respective enterprise, establishment and organisation.
2.The manager of an enterprise, establishment or organisation shall be entitled, within his competence, to delegate part of his powers in the sphere of labour law to a natural or legal person.
3.Employers shall be represented in the social partnership on the national, sectoral (production, services, professional), territorial (municipality, county) level by employers’ organisations (their associations, federations, confederations, etc.). Employers’ organisations shall mean public legal persons operating under the Law on Associations, which represent the rights and interests of their member employers in the social partnership in accordance with their articles of association (statutes).
4.Employers which are enterprises, establishments or organisations financed from the state and municipal budgets, the budget of the State Social Insurance Fund and resources of other funds established by the State shall be represented in the social partnership on the national, sectoral (production, services, professional), territorial (municipality, county) level by the founder of the respective enterprise, establishment and organisation or an institution authorised by it, which has the rights and obligations of an employers’ organisation set forth in this Code.
CHAPTER IV
TIME LIMITS
Article 25Definition of a Time Limit
1.A time limit set by a labour law, agreement or decision of a labour dispute (conflict) resolution body may be defined by a calendar date or a certain time period.
2.A time limit may also be defined by reference to an event that must inevitably occur.
Article 26Calculation of Time Limits
1.A time limit defined by a certain time period shall start on the day following the calendar day or event that marks the beginning of the time limit.
2.Time limits calculated in years, months or weeks shall end on the relevant day of the year, month or week. Where a time limit calculated in months ends in the month which does not have an appropriate day, the time limit shall end on the last day of the month. Where it is not possible to determine exactly the starting month of the time limit which is calculated in years or the starting day of the time limit which is calculated in months, the last day of the time limit shall be considered to be, accordingly, the thirtieth day of June or the fifteenth day of the month.
3.A time limit defined by weeks or calendar days shall also cover weekends and holidays. Should the last day of the time limit fall on a non-working day, the next working day thereafter shall be considered as the end of the time limit. Unless otherwise established by laws, a time limit calculated in days shall be calculated in calendar days.
4.If a time limit is set for the performance of a certain action, the action may be performed by 24.00 (midnight) of the last day of the time limit. However, if an action has to be performed in a certain enterprise, establishment or organisation, the time limit shall expire at the hour when appropriate operations are terminated in that enterprise, establishment or organisation.
5.Written applications and notices delivered to the post office, telegraph or any other communications institution by 24.00 (midnight) of the last day of the time limit shall be considered to have been filed on time.
Article 27Limitation of Actions
1.Limitation of actions shall mean a period of time specified by laws within which a person may bring an action in defence of his infringed rights.
2.The general period of limitation for relationships regulated by this Code shall be three years, unless shorter periods of limitation of actions are established for individual claims by this Code or other labour laws.
3.There shall be no limitation of actions regarding employee's claims for defence of his honour and dignity.
4.Labour laws may provide that limitation of actions shall not apply with respect to certain other claims.
5.Unless this Code and other labour laws contain special provisions regarding the application of limitation of actions, the provisions of the Civil Code and the Code of Civil Procedure shall apply to limitation of actions.
Article 28Extinctive Time Limits
1.Labour laws may establish time limits upon the expiry whereof rights and obligations related thereto shall extinguish (extinctive time limits).
2.Extinctive time limits, save for the exceptions set forth in labour laws, may not be suspended, extended or renewed.
Article 29Procedural Time Limits
The time limits set in labour laws for out-of-court and judicial proceedings shall be subject to the provisions of the Code of Civil Procedure relating to the application and calculation of these time limits, save for the exceptions set forth in labour laws.
Article 30Length of Service
1.Length of service shall mean a period of time during which a person had employment relationships regulated by this Code, as well as other periods which under regulatory acts or collective agreements may be included in the length of service which is taken into account by labour laws, other regulatory acts and collective agreements with regard to certain employment rights or additional guarantees and privileges. Length of service may be:
1)general, covering all periods of time when a person had legal employment relationships, as well as other periods that may be included in the length of service;
2)special, covering periods of employment in a certain profession, speciality or in a certain office or under certain working conditions, as well as periods that may be included in the special length of service;
3)length of service in a particular enterprise, establishment or organisation which covers the period of employment with the respective employer, as well as periods which may be included in the above length of service. Any change of the owner of the enterprise, establishment or organisation or changes in their subordination, their founders or names, as well as their merger or division by the formation of a new enterprise, establishment or organisation, division by acquisition, or merger by acquisition shall not affect the length of service in the respective enterprise, establishment or organisation;
4)uninterrupted period of service covers the period of employment in one enterprise, establishment, organisation or several enterprises, establishments or organisations if the person is transferred from one place of employment to another by agreement between the employers or on other grounds without interrupting the length of service or provided that the break in employment is within the set time limits.
2.The procedure for calculating the length of service, as specified in paragraphs 1(2), 1(3) and 1(4) of this Article, in enterprises, establishments and organisations financed from the state or municipal budgets shall be laid down by the Government and in other places of employment – by collective agreements.
CHAPTER V
CONTROL OVER COMPLIANCE WITH LABOUR LAWS
Article 31Bodies Exercising Control over Compliance with Labour Laws
Control over compliance with labour laws, other regulatory acts and collective agreements shall be exercised by state and non-state bodies.
Article 32State Control over Compliance with Labour Laws, Collective Agreements and Prevention of Infringements
Control over compliance by employers with the regulatory provisions of this Code, labour laws, other regulatory acts and collective agreements shall be exercised and prevention of infringements of the said acts shall be effected by the State Labour Inspectorate and other institutions, within their competence established by laws.
Article 33Non-state Control over Compliance with Labour Laws, Collective Agreements
Non-state control over compliance with labour laws, other regulatory acts, collective agreements shall be exercised by trade unions, inspectorates within their chain of command and other institutions operating in accordance with laws and other regulatory acts.
CHAPTER VI
EXERCISE AND PROTECTION OF EMPLOYMENT RIGHTS
Article 34Grounds Giving Rise to Employment Rights and Obligations
Employment rights and obligations may arise, change or expire:
1)under this Code and other laws, contracts of employment, collective agreements and other arrangements which, though not provided for by laws, are not contrary to them;
2)under court judgements;
3)under administrative acts which result in legal consequences in employment matters;
4)as a result of the damage inflicted;
5)as a result of legal facts.
Article 35Exercise of Employment Rights and Fulfilment of Employment Obligations
1.While exercising their rights and fulfilling their obligations, employers, employees and their representatives must comply with laws, respect the rules of communal life and act in good faith, adhere to the principles of reasonableness, equity and fairness. Abuse of one's right shall be prohibited.
2.Exercise of employment rights and fulfilment of employment obligations must not infringe upon other persons' rights and interests protected by laws. It shall be prohibited to hinder the formation of trade unions by the employees and to interfere with the lawful activities of the unions.
Article 36Protection of Employment Rights
1.Employment rights shall be protected by laws except in cases when the rights are exercised inconsistently with their purpose, public interests, peaceful work, good usages or the principles of public morals.
2.Employment rights shall be protected by the court or any other dispute resolution body in accordance with the procedure established by laws and in one of the following ways:
1)by recognising the said rights;
2)by restoring the situation that existed before the infringement of the right and preventing performance of the acts infringing upon the right;
3)by obligating to perform the obligation in kind;
4)by terminating or modifying the legal relationship;
5)by recovering from the person who has infringed upon the right the pecuniary or non-pecuniary damage or, in the cases prescribed by laws, also penalty charges or late payment interest;
6)in other ways established by laws.
3.By way of exception, only the courts shall have the prerogative to protect employment rights under laws in the following ways:
1)by recognising as invalid the acts adopted by state institutions or individual officers where the said acts are contrary to laws;
2)by not applying the act adopted by a state institution, municipality or individual officer where the said act is contrary to laws.
4.Employment rights shall be protected by trade unions in accordance with the procedure established by laws regulating their activities.
5.In the cases specifically established by labour laws employment rights shall be protected under administrative procedure.
6.A person whose right has been infringed may claim damages unless otherwise established by labour laws.
7.Labour honour and business repute shall be protected pursuant to the Civil Code except in cases where this Code or other laws establish other procedure and ways for protecting labour honour and business repute.
Article 37Protection of Employment Rights by Employees Themselves
Employees shall be permitted to protect their employment rights themselves only in the cases established by this Code.
Article 38Liability
Liability for any infringement of the rights and obligations established by this Code shall be determined by this Code, laws, other regulatory acts, collective agreements and other arrangements.
PART II
COLLECTIVE EMPLOYMENT RELATIONSHIPS
CHAPTER VII
GENERAL PROVISIONS
Article 39Reconciliation of Interests of Subjects of Employment Relationships
With the view of embodying social partnership, this Code and other laws shall establish that social partnership may be realised by way of bargaining and agreements.
Article 40Concept and Principles of Social Partnership
1.Social partnership shall mean the system of interrelationships between representatives of employees and employers and their organisations and, in certain cases specified by this Code and other laws, also state institutions with a view to reconciling the interests of the subjects of employment relationships.
2.Social partnership shall be based on the following principles:
1)free collective bargaining;
2)voluntary and independent assumption of responsibilities binding the parties;
3)inviolability of the existing legal system;
4)actual fulfilment of responsibilities;
5)provision of objective information;
6)mutual control and accountability;
7)equality of parties, goodwill and respect for legitimate mutual interests.
Article 41Parties of Social Partnership
Representatives of employees and employers and their organisations shall be considered to be parties of social partnership – social partners. In case of a tripartite social partnership the Government and municipal institutions shall participate in the partnership on an equal basis with representatives of employees and employers and their organisations.
Article 42Levels of Social Partnership
1.Social partnership may be developed on the following levels:
1)national;
2)sector (production, services, professional);
3)territorial (municipality, county);
4)enterprises, establishments or organisations and their structural divisions.
Article 43Forms of Social Partnership
Social partnership shall be implemented:
1)through participation in the activities of bipartite or tripartite councils (commissions, committees);
2)through the exercise by employees’ representatives of information and consultation rights and other rights of participation in the employer's decision-making processes;
3)by conducting collective bargaining and concluding collective agreements.
Article 44System of Social Partnership
The system of social partnership shall be comprised of:
1)the Tripartite Council of the Republic of Lithuania;
2)other tripartite and bipartite councils (commissions, committees) formed in accordance with the procedure established by laws or collective agreements.
Article 45Tripartite Council of the Republic of Lithuania
1.By agreement between social partners, the Tripartite Council of the Republic of Lithuania (hereinafter – Tripartite Council) shall be formed from the equal number of members enjoying equal rights: representatives of central (national) trade unions, employers' organisations and the Government.
2.The functions, rights, procedure of formation, organisation of work of the Tripartite Council shall be established in the Regulations of the Tripartite Council. The Regulations shall be approved by the parties specified in paragraph 1 of this Article. The Regulations of the Tripartite Council shall be amended and supplemented in accordance with the same procedure. The Regulations of the Tripartite Council, amendments and supplements thereto shall come into force in the manner specified therein.
3.The Regulations of the Tripartite Council, amendments and supplements thereto shall be published in "Valstybės žinios" (Official gazette).
4.Representatives of trade unions, employers' organisations and the Government shall furnish the Tripartite Council with the necessary information on the issues under consideration.
5.The Tripartite Council may conclude trilateral agreements on employment relationships and associated social and economic conditions, also on the regulation of mutual relationships between the parties to the agreement.
6.The Tripartite Council's agreements shall be published in "Valstybės žinios" by orders of the Prime Minister and come into force in the manner prescribed for the Government resolutions.
Article 46Other Trilateral and Bilateral Councils (Commissions, Committees)
1.Other trilateral or bilateral councils (commissions, committees) may be established in accordance with the procedure prescribed by laws or collective agreements for addressing and resolving the issues of work, employment, employee safety and health and social policy implementation on the ground of trilateral and bilateral co-operation based on equal rights.
2.The procedure for the formation of such trilateral or bilateral councils (commissions, committees) and their functions shall be established in the regulations of the relevant councils (commissions, committees). In the cases established by laws these regulations shall be approved by the subjects specified by laws or the subjects of collective agreements.
Article 47Information and Consultation
1.The employees’ representatives shall have the right to information and consultation. Information shall mean the transfer of information (data) to the employees’ representatives for the purpose of introducing them to the substance of the matter. Consultation shall mean the exchange of views and the establishment and development of dialogue between the employees’ representatives and the employer.
2.The employer must regularly, at least once a year, inform the employees' representatives and hold consultations with them about the current and future activities of the enterprise (structural division), its economic situation and the status of employment relationships.
3.Prior to taking a decision on collective redundancies, the employer must inform the employees’ representatives and hold consultations with them. Information must cover the reasons for the projected redundancies, the total number of employees and the number of employees to be made redundant by category, the period over which employment contracts are to be terminated, the criteria for the selection of employees to be made redundant, the conditions for the termination of employment contracts and other relevant information. Consultations must be held with a view to avoiding collective redundancies or reducing the number thereof, or mitigating the consequences of such redundancies.
4.Prior to taking a decision on the reorganisation of the enterprise and other decisions that are likely to have substantial effects on the organisation of work in the enterprise and the legal status of the employees, the employer must inform the employees’ representatives and hold consultations with them about the reasons for such a decision, the legal, economic and social implications for the employees, as well as about any measures envisaged to avoid or mitigate the expected consequences.
5.Other cases, conditions and procedure of information and consultation shall be established by laws, collective agreements and agreements between the employer and the employees’ representatives.
6.In the case of information provision, the employer must provide the employees and their representatives with information in writing in a timely manner free of charge and shall be responsible for the correctness of such information. Upon submitting a written obligation not to reveal any commercial/industrial or professional secret, the employees or their representatives shall have the right of access to information which constitutes a commercial/industrial or professional secret but is necessary for the performance of their duties. The employees and their representatives, irrespective of where they are and regardless of the termination of employment relationships or powers of representation, shall be prohibited from using for any other purpose or disclosing to the third persons any information which has been communicated to them as a commercial/industrial or professional secret. Access to State, official secrets and liability for the disclosure or unlawful use thereof shall be regulated by special laws.
7.Consultations concerning the information (data) communicated by the employer and the opinion expressed by the employees' representatives must be held in a timely manner, enabling employees' representatives to meet the competent decision-making representatives of the employer and obtain reasoned responses. Consultations must be held with a view to reaching a decision satisfactory to both the parties. The results of consultations shall be recorded in the minutes.
8.The employer may refuse in writing to provide any information which constitutes a commercial/industrial or professional secret, or to undertake consultation with the employees' representatives when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking concerned or would be prejudicial to it. The employees' representative, disagreeing with the decision of the employer, may, within one month, apply to the court. After the court’s ruling that the refusal to provide information or undertake consultation is unjustified, the employer in question shall be obligated to provide such information or undertake consultation within a reasonable period of time.
9.The specific features of information and consultation procedures in Community-scale undertakings, Community-scale groups of undertakings, European companies and European cooperative societies shall be established by special laws.
10.In the absence of employees' representatives in the undertaking, in the cases specified in paragraphs 3 and 4 of this Article, the employer must inform the employees in advance directly or at a general staff meeting about the date of the execution of decisions taken, the reasons for such decisions, their legal, economic and social implications, as well as about any measures envisaged in respect of employees.
Article 48Collective Bargaining
1.The subjects of collective employment relationships and their representatives shall reconcile their interests and settle disputes by way of negotiations. The party willing to negotiate shall present itself to the other party in the negotiations. The presentation shall be effected in writing and specify the reasons for negotiations. The party seeking negotiations must present clearly formulated demands or proposals.
2.The parties shall agree on the opening and procedure of the negotiations. In case of failure by the parties to reach an agreement on the above issue, the negotiations must be conducted within two weeks from the day the other party received the presentation for negotiations.
3.Collective bargaining must be conducted in good faith and without delay.
4.Parties to the collective agreement and their representatives shall have the right to demand from the other party to submit information on all issues relating to the negotiations. Information must be presented within one month from the day it was requested, unless otherwise agreed by the parties or their representatives.
5.The party which is bound to submit information shall have the right to demand the other party not to disclose the submitted information on other grounds. Disclosure of confidential information shall make the other party liable under laws.
6.The parties shall consult on the received information, the satisfaction of the submitted demands and their settlement procedure, the progress of negotiations and other issues.
7.Unless otherwise decided by the parties, the negotiations shall be deemed completed upon the signing of a collective agreement, drawing up of a protocol of disagreement or upon delivery by one of the parties to the other of a written notification of its withdrawal from the negotiations.
Article 49Types of Collective Agreements
Collective agreements may be concluded on the following levels:
1)state (national) level;
2)sectoral (production, services, professional) or territorial (municipality, county) level;
3)enterprise (establishment, organisation) level or on the level of its structural division.
CHAPTER VIII
NATIONAL, SECTORAL AND TERRITORIAL COLLECTIVE AGREEMENT
Article 50Contents of a National, Sectoral and Territorial Collective Agreement
1.A national, sectoral and territorial collective agreement shall be an agreement concluded in writing between trade union organisations (association, federation, centre, etc.) and employers' organisations (association, federation, confederation, etc.).
2.A collective agreement concluded on a sectoral level shall define the socio-economic development trends of the sector, the conditions of work organisation and remuneration for work as well as social guarantees of employees (professional groups).
3.A collective agreement concluded on a territorial level shall specify the conditions for dealing with certain work, socio-economic problems which reflect territorial peculiarities.
4.As a rule, the following shall be specified in a collective agreement concluded on a national, sectoral or territorial level:
1)terms and conditions of remuneration for work, working time and rest periods, safety and health of the employees;
2)system of remuneration for work in the event of rising prices or increasing inflation;
3)conditions of speciality acquisition, in-service training and retraining;
4)social partnership support measures which help to avoid collective disputes, strikes;
5)procedure for determining, changing and revising work quotas, time worked, supply of services, number of employees;
6)other working, social and economic conditions which are important to the parties;
7)procedure for amending and supplementing the collective agreement, period of validity, control of execution, liability for the violation of the agreement, etc.
Article 51Parties to a National, Sectoral and Territorial Collective Agreement
1.Parties to a national collective agreement shall be the central (national) trade union organisations and employers' organisations.
2.Parties to a sectoral collective agreement shall be the trade union organisations and employers’ organisations of an appropriate sector of industry (production, services, profession).
3.Parties to a territorial collective agreement shall be the trade union organisations and employers’ organisations acting in the specified territory (municipality, county).
Article 52Scope of a National, Sectoral or Territorial Collective Agreement
1.A national, sectoral and territorial collective agreement shall be applied in respect of those employers who:
1)were members of the associations of employers which signed the agreement;
2)joined the above associations after the signing of the agreement;
3)in the case specified in paragraph 4 of Article 24 of this Code, were included in the list of enterprises, establishments and organisations covered by the collective agreement attached to that national, sectoral or territorial collective agreement.
2.Where the provisions of a sectoral or territorial collective agreement are of consequence for an appropriate sector of production or profession, the Minister of Social Security and Labour may extend the scope of the sectoral or territorial collective agreement or separate provisions thereof, establishing that the agreement shall be applied with respect to the entire sector, profession, sphere of services or a certain territory if such a request has been submitted by one or several employees' or employers' organisations which are parties to the sectoral or territorial agreement.
3.Where several collective agreements are applicable in an enterprise, the provisions of the agreement which provide for more favourable conditions for the employees shall apply.
Article 53Procedure for Drawing up a National, Sectoral or Territorial Collective Agreement
1.The drawing up of a national, sectoral and territorial collective agreement in accordance with the procedure established in Article 48 of this Code shall be initiated by the parties specified in Article 51 of the Code.
2.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 54Registration of a National, Sectoral or Territorial Collective Agreement
1.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.
2.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 55Validity 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 56Termination 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 57Control 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 58Settlement of Disputes Arising during the Conclusion and Implementation of National, Sectoral and Territorial Collective Agreements
1.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 with the procedure established in Chapter X of this Code.
2.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 59Collective Agreement of an Enterprise and its Coverage
1.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.
2.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.
3.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 60Parties to a Collective Agreement of an Enterprise
1.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.
2.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.
3.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).
4.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 61Contents of a Collective Agreement of an Enterprise
1.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.
2.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 62Drafting of a Collective Agreement of an Enterprise and its Consideration
1.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.
2.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.
3.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.
4.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.
5.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.
6.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.
7.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 63Entry into Force and Period of Validity of a Collective Agreement of an Enterprise
1.A collective agreement of an enterprise shall enter into force upon its signing, unless otherwise established in the agreement.
2.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.
3.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.
4.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 64Amendments 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 65Termination 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 66Control over the Implementation of a Collective Agreement of an Enterprise
1.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.
2.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 67Settlement of Disputes Arising during the Conclusion and Implementation of a Collective Agreement of an Enterprise
1.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 with the procedure established in Chapter X of this Code.
2.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 68Collective 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 69Making of Demands
1.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.
2.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.).
3.The demands must be precisely defined, motivated, set out in writing and handed in to the employer or the employers’ organisation.
Article 70Consideration 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 with the procedure established in this Code.
Article 71Bodies 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 72Formation of the Conciliation Commission
1.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.
2.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.
3.The Conciliation Commission shall elect its chairman and its secretary from among its members.
Article 73Hearing of Collective Disputes in the Conciliation Commission
1.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.
2.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.
3.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.
4.The employer must provide the Conciliation Commission conditions for work: provide premises and furnish the necessary information.
Article 74Decision of the Conciliation Commission
1.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.
2.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.
3.The decision of the Conciliation Commission shall be announced to the employees.
Article 75Labour Arbitration. Third Party Court
1.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.
2.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.
3.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 751Resolution of Collective Labour Disputes through Mediation
1.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.
2.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.
3.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.
4.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.
5.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.
6.The procedure for compiling the list of mediators, selecting mediators, mediation and payment for work of mediators shall be established by the Government.
Article 76Strike
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 77Declaration of a Strike
1.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.
2.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.
3.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.
4.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.
5.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.
6.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 78Restrictions on Strikes
1.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.
2.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.
3.It shall be prohibited to call a strike during the term of validity of the collective agreement if this agreement is complied with.
Article 79Body 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 80Course of a Strike
1.The strike committee together with the employer is bound to ensure the safety of property and people.
2.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.
3.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.
4.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 81Lawfulness of a Strike
1.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.
2.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.
3.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.
4.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 82Legal Status and Guarantees of the Employees on Strike
1.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.
2.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.
3.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 83Actions Prohibited for the Employer upon Declaration of a Strike
1.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.
2.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 84Ending of a Strike
1.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.
2.After the end of the strike work must be resumed not later than on the next working day (shift).
Article 85Liability
1.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.
2.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.
3.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.
4.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.
5.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 86Exercising 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 87Concept 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 88Provision of Employment Intermediation Services
1.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.
2.The persons referred to in paragraphs 1(2), 1(3) and 1(4) of this Article must submit information about their status and activities, as well as employment intermediation services provided to natural persons to the Lithuanian Labour Exchange under the Ministry of Social Security and Labour in accordance with the procedure and within the time limits established by it.
Article 89Information on Job Vacancies
1.Employers who are in search of employees must inform the territorial labour exchanges about the job vacancies, work functions and nature of work, remuneration for work and other terms and conditions as well as well as qualifications requirements for the applicants.
2.The territorial labour exchanges shall register job vacancies, make public announcements thereof and offer them to persons looking for work.
Article 90Repealed as from 5 January 2010
Article 91Unemployed
The unemployed shall mean able-bodied persons of working age who are out of work and not enrolled in full-time or continuous studies, as well as owners of individual enterprises which have been granted the status of an enterprise in liquidation in the Register of Legal Entities, who have registered in accordance with the procedure established by laws with a local labour exchange office as jobseekers and are ready to participate in active labour market policy measures.
Article 92Support for the Employment of Jobseekers
The legal background for the employment support system for jobseekers, its aim, tasks, the functions of institutions implementing support for employment, as well as employment support measures and the organisation and financing of their implementation shall be set forth by legal acts.
Chapter XII
Employment Contract Section One Content and Conclusion of an Employment Contract
Article 93Concept of an Employment Contract
An employment contract shall be an agreement between an employee and an employer whereby the employee undertakes to perform work of a certain profession, speciality, qualification or to perform specific duties in accordance with the work regulations established at the workplace, whereas the employer undertakes to provide the employee with the work specified in the contract, to pay him the agreed wage and to ensure working conditions as set in labour laws, other regulatory acts, the collective agreement and by agreement between the parties.
Article 94Content of an Employment Contract
1.The content of an employment contract shall be the conditions of the contract agreed by the parties thereto, which define the rights and obligations of the parties.
2.The parties may not establish working conditions, which are less favourable to the employee than those provided by this Code, laws, other regulatory acts and the collective agreement. If the conditions of the employment contract are contrary to this Code, law or the collective agreement the provisions laid down in this Code, laws, regulatory acts or the collective agreement shall apply. Any dispute concerning the application of the conditions of the employment contract shall be settled by labour dispute resolution bodies.
Article 95Conditions of an Employment Contract
1.In every employment contract, the parties must agree on the essential conditions of the contract: the employee’s place of work (enterprise, establishment, organisation, structural division, etc.), and job functions, i.e. on work of a certain profession, speciality, qualification, or specific duties.
2.In respect of certain types of employment contracts labour laws and collective agreements may also provide for other essential conditions, which shall be agreed by the parties in concluding such an employment contract (agreement on the term of the contract, the nature of seasonal work, etc.).
3.In every employment contract, the parties shall agree on the conditions of remuneration for work (system of remuneration for work, amount of wages, payment procedure, etc.).
4.Other conditions of an employment contract may also be accepted by agreement between the parties unless labour laws, other regulatory acts or the collective agreement prohibit doing so (probation, combination of professions, etc.).
5.An employment contract may stipulate the following: where the contract is terminated through the fault of the employee or upon the notice of the employee without a valid reason, the employee shall undertake to compensate the employer for the expenses incurred by him during the last working year in relation to the employee’s training, in-service training, internships. A different procedure and time limits for compensation may be established in the collective agreement.
Article 96Guarantees upon Recruitment
1.It shall be prohibited to refuse to employ:
1)on the grounds specified in paragraph 1(4) of Article 2 of this Code;
2)if there is a written agreement between employers concerning the transfer of an employee to another workplace;
3)in other cases provided by laws.
2.Refusal to employ in the cases specified in paragraph 1 of this Article may be contested in court not later than within one month.
3.In the event that the refusal to employ is established by the court to be unlawful, the employer shall be obligated by the court order to employ this person and to pay him compensation in the amount of the minimum wage for the period from the day of refusal to employ him to the day of the execution of the court order.
Article 97Restrictions on Recruitment
1.Restrictions on recruitment may be imposed only by laws.
2.Persons, who are connected by close blood relationship or by marriage (parents, adoptive parents, brothers, sisters and their children, grandparents, spouses, children, adopted children, their spouses and children, as well as spouses’ parents, brothers, sisters and their children), shall be prohibited from holding the office of servants at one state and municipal institution and a state or municipal enterprise, if their service also involves direct subordination of one of them to the other, or the right of one of them to control the other.
3.The provisions laid down in paragraph 2 of this Article shall not apply to servants the service whereof is subject to laws regulating public service relations.
Article 98Illegal Work
1.Illegal work shall mean work:
1)performed without the conclusion of an employment contract although the characteristics of an employment contract specified in Article 93 of this Code are present, or without reporting in accordance with the procedure prescribed by laws to the territorial office of the State Social Insurance Fund Board on the recruitment of persons;
2)performed by foreign citizens and stateless persons failing to comply with the procedure of their employment established by regulatory acts.
2.(Repealed as from 5 December 2006).
3.Employers or their authorised persons, who have permitted to perform illegal work, shall be liable in accordance with the procedure prescribed by laws.
Article 99Conclusion of an Employment Contract
1.An employment contract shall be deemed concluded when the parties have agreed on the conditions of the employment contract (Article 95 of the Code).
2.An employment contract must be concluded in writing according to the model form. A written employment contract shall be drawn up in two copies. The employment contract shall be signed by the employer or his authorised person and the employee. One signed copy of the employment contract shall be handed to the employee, whereas the other copy shall be kept by the employer. The employment contract shall, on the same day, be registered in the register of employment contracts. Such a register shall not be mandatory where an employer is a natural person employing three and less employees. Not later than before the commencement of work, the employer shall, together with the second copy of the employment contract, issue an identity card (work certificate) to the employee. The model form of an employment contract, registration rules, as well as the form of an employee’s identity card, the procedure for its issuance, carrying and presentation to control institutions shall be established by the Government.
3.An employer shall ensure that an employee is allowed to work only upon signing an employment contract with him, giving him the second copy of the contract and issuing him an identity card. An employer shall be responsible for proper drawing up of an employment contract.
4.When concluding an employment contract, the employer must introduce the person being employed against his signature to the conditions of his potential work, the collective agreement, work regulations, other acts regulating his work, which are in force at the workplace.
5.Unless otherwise agreed by the parties, the employee must commence his work on the next day following the conclusion of the employment contract.
Article 100Preconditions for an Employment Contract
Labour laws, other regulatory acts and collective agreements may provide that appointment to certain posts is made by way of competition, elections or upon passing qualification examinations.
Article 101Competition
1.Appointments by competition may be made to positions of managers and specialists, as well as such posts, which may be held by persons who have certain skills or are subject to special intellectual, physical, health or other requirements.
2.The list of competitive positions and the procedure for competitions in state and municipal enterprises, as well as state and municipal enterprises financed from the state, municipal budgets, the budget of the State Social Insurance Fund and other funds established by the state shall be established by the Government, except for enterprises where the list of competitive positions and the procedure for competitions shall be established by special laws. Lists of competitive positions and competition regulations at other workplaces shall be approved by the employer or a person authorised by him taking into account the opinion of employees’ representatives.
3.In the cases specified in competition regulations, a person may be appointed to a position included on the list of competitive positions prior to a competition under a fixed-term employment contract but for a period not exceeding one year.
Article 102Elective Posts
1.Posts to which appointments must be made by way of elections and the procedure of elections shall be established by laws regulating the activities of a certain type of enterprises, establishments and organisations, as well as by regulations of those enterprises, establishments and organisations.
2.Collective agreements may provide that appointments by way of elections must also be made to posts that are not specified in regulatory acts referred to in paragraph 1 of this Article.
Article 103Qualification Examinations
1.Persons applying to hold a post or to perform work, which requires special knowledge, may be required to pass qualification examinations.
2.Qualification requirements and the procedure of examinations at state and municipal enterprises, establishments and organisations shall be established by the Government or an institution authorised by it. At other workplaces, qualification requirements shall be established by an employer, whereas the procedure of qualification requirements shall be established by an employer taking into account the opinion of representatives of employees.
Article 104Documents Required upon Recruitment
1.An employer must require a person being employed to present a document confirming his identity and state social insurance certificate.
2.If labour laws make recruitment conditional upon certain education or vocational training, health status, an employer must require a person being employed to submit documents confirming his education, vocational training and health status; in the case of employing a minor from fourteen to sixteen years of age – his birth certificate, the written consent of one of the child’s parents or his another statutory representative, the permission of his attending paediatrician and, during the school period, the written consent of his school. An employer shall also be entitled to require other documents provided for by laws.
Article 105Trial upon Concluding an Employment Contract
1.Upon concluding an employment contract, the parties may agree on a trial. It may be set to assess the suitability of an employee for the agreed work, as well as, at the request of a person taking on a job, the suitability of this job for him. The condition concerning a trial shall be set in an employment contract.
2.During a trial period an employee shall be subject to all labour laws.
3.A trial to assess the suitability of an employee for the agreed work shall not be established when employing persons:
1)under eighteen years of age;
2)to a post by competition or elections, as well as those who have passed qualification examinations for a post;
3)transferred, by the agreement between employers, to work for another employer;
4)in other cases specified by labour laws.
Article 106Trial Period
1.A trial period shall not be longer than three months.
2.In order to assess the suitability of an employee for the agreed work, longer trial periods, but not exceeding six months, may be applied in the cases specified by laws.
3.A trial period shall not include periods when an employee was absent from work.
Article 107Results of Trial
1.If an employer recognises that the results of a trial to assess the suitability of an employee for the assigned task are unsatisfactory, he may dismiss the employee from work before the expiry of the trial period by giving the employee written notice thereof three working days in advance, without paying him a severance pay.
2.If a trial is set to assess the suitability of work for an employee, the evaluation of the trial depends on the employee’s will. The employee shall be entitled to terminate the employment contract during the trial period by giving the employer written notice thereof three working days in advance.
3.If the employee continues working upon the expiry of the trial period, the termination of the employment contract shall be allowed only on general grounds specified in Section Four of this Chapter.
Section two Types of Employment Contracts
Article 108Types of Employment Contracts
1.Employment contracts may be:
1)indefinite-term;
2)fixed-term, temporary, seasonal;
3)on secondary job;
4)teleworking;
5)on the supply of services;
6)other.
2.As a rule, an employment contract shall be concluded for an indefinite period of time (indefinite-term).
Article 109Fixed-term Employment Contract
1.A fixed-term employment contract may be concluded for a certain period of time or for the period of the performance of certain work, but not exceeding five years.
Version of paragraph 2 before 31 July 2012:
2.It shall be prohibited to conclude a fixed-term employment contract if work is of a permanent nature, unless this is provided for by laws or collective agreements or an employee is recruited to a new job opening.
Version of paragraph 2 after 1 August 2012:
2.It shall be prohibited to conclude a fixed-term employment contract if work is of a permanent nature, unless this is provided for by laws or collective agreements.
3.A fixed-term employment contract with employees, who are elected to their posts, shall be concluded for the term they are elected for, while a fixed-term employment contract with employees, who are appointed to their posts by elective bodies, except for municipal councils, in accordance with laws or regulations of an enterprise, establishment or organisation, shall be concluded for the term of office of these elective bodies.
4.The employer must inform the employees working under fixed-term employment contracts about vacancies and ensure that they have the same opportunity to secure permanent employment as other employees.
5.In respect of employment conditions or in-service training and promotion opportunities, employees working under fixed-term employment contracts may not be treated in a less favourable manner than employees working under employment contracts of indefinite duration.
Article 110Determination of the Term of an Employment Contract
1.The term of an employment contract may be determined until a specific calendar date or the occurrence, change or cessation of specific circumstances.
2.If the term of an employment contract is not specified therein or is specified unduly, the employment contract concerned shall be considered of indefinite duration.
Article 111Effects of the Expiry of a Fixed-term Employment Contract
1.If the term of an employment contract has expired, whereas employment relationships are actually continued and neither of the parties has, prior to the expiry of the term, requested to terminate the contract (Article 126 of the Code), it shall be considered extended for an indefinite period of time.
2.A fixed-term employment contract shall become an indefinite-term contract when the circumstances in respect whereof the term of the contract has been defined cease to exist during the period of employment relationships (an employee does not return to work after his leave, etc.).
3.If an employment contract, upon the expiry of its term, is not extended or is terminated, but within one month from the day of its termination another fixed-term employment contract is concluded with the dismissed employee for the same work, then, at the request of the employee, such a contract shall be recognised as concluded for an indefinite period of time, except for the cases established in paragraphs 2 and 3 of Article 109 of this Code. Related disputes shall be settled by labour dispute resolution bodies. If an employment contract is recognised to be of indefinite duration, a break in employment shall be included in the continuous length of service of the employee at the same workplace.
Article 112Seasonal Employment Contract
1.A seasonal employment contract shall be concluded for the performance of seasonal work. Seasonal work shall be such work, which due to natural and climatic conditions is performed not all year round, but in certain periods (seasons) not exceeding eight months (in a period of twelve successive months), and is entered on the list of types of seasonal work.
2.The list of types of seasonal work, the characteristics of the conclusion, change and termination of a seasonal employment contract, as well as of working time, rest time and pay for work shall be established by the Government pursuant to this Code.
Article 113Temporary Employment Contract
1.A temporary employment contract shall be an employment contract concluded for a period not exceeding two months.
2.Grounds for the conclusion of a temporary employment contract (circumstances under which a temporary employment contract may be concluded), the characteristics of the change and expiry of such a contract, as well as of the working and rest time of temporary workers shall be established by the Government.
Article 114Additional Work and Secondary Job
1.Unless it is prohibited by laws, an employee may make an arrangement to perform certain additional duties or certain additional (other than agreed in the contract) work at the same workplace.
2.An employee may perform secondary duties or do a second job at another workplace unless it is prohibited by laws or other regulatory acts. The characteristics of employment contracts on secondary duties (job) shall be established by the Government and collective agreements.
Article 115Teleworking Contract
A teleworking contract may establish that an employee will perform the job function or part of the job functions agreed therein in places other than the workplace, as appropriate for the employee. The characteristics of teleworking contracts shall be established by the Government and collective agreements.
Article 116Contract on the Supply of Services
A contract on the supply of services shall be an employment contract whereby an employee undertakes to supply personal household services to his employer. The characteristics of this type of employment contracts shall be established by the Government.
Article 117Characteristics of Other Types of Employment Contracts
The characteristics of employment contracts with employees of farmer’s farms and other agricultural entities, employees of special purpose enterprises the activities whereof may cause disruption in the operations of these enterprises related to particularly serious consequences to people and nature, as well as of contracts concluded in other cases specified by laws shall be established by collective agreements and legal acts regulating employment contracts of these types in accordance with the procedure prescribed by this Code and other laws.
Section three Performance of an Employment Contract
Article 118Employee’s Duty to Perform his Assignment by himself
An employee shall have no right to delegate his work to another person without the consent of his employer or his authorised person.
Article 119Prohibition against Requiring to Perform any Work not Agreed in an Employment Contract
An employer shall have no right to require an employee to perform any work not agreed in an employment contract, except for the cases established in this Code. Any additional work or duties must be agreed upon and stipulated in an employment contract.
Article 120Changes to the Conditions of an Employment Contract
1.In the event of changes in production, its scope, technology or labour organisation, as well as in other cases of production necessity, an employer shall be entitled to change the conditions of an employment contract. If an employee does not agree to work under the changed working conditions, he may be dismissed from work under Article 129 of this Code in accordance with the established procedure for terminating an employment contract.
2.The conditions of an employment contract set in paragraphs 1 and 2 of Article 95 of this Code may be changed with the prior written consent of an employee, except for the cases established in Article 121 of this Code.
3.An employer may change the conditions of remuneration for work without the written consent of an employee only in the case when remuneration for a specific sector of economy, enterprise or category of employees is changed by laws, Government resolutions or under the collective agreement. In the event of changes in the conditions of payment remuneration, wages shall not be reduced without the written consent of an employee.
4.When the conditions of an employment contract are being changed, the changes shall be recorded in both copies of the employment contract.
Article 121Temporary Changes in Working Conditions in Cases of Emergency
1.An employer shall have the right to transfer an employee for a period of up to one month to another work not agreed in an employment contract in the same location, as well as to change other conditions laid down in paragraphs 1 and 2 of Article 95 of this Code, when it is necessary to prevent a natural disaster or industrial emergency, to respond to it or immediately eliminate its consequences, to prevent accidents, to fight fire and in other cases of emergency that have not been anticipated.
2.It shall be prohibited to transfer an employee to such work, which is not permitted due to the employee’s health status.
3.In the cases specified in paragraph 1 of this Article an employee shall be paid a wage according to the work performed. If, upon the transfer of an employee to another work, his wage decreases for the reasons beyond his control, the employee shall retain the average wage of his previous work.
Article 122Transfer to Another Work in the Case of Idle Time
1.Idle time without any fault on the part of an employee shall be a situation at the workplace when an employer does not provide an employee with the work agreed in an employment contract for certain objective reasons (industrial, etc.).
2.Taking into account their profession, speciality, qualification and health status, employees shall be transferred to another work with their written consent for the period of idle time. Upon the consent of employees, they may be transferred to another work without taking into account their profession, speciality and qualification.
3.The employees transferred to another work due to idle time shall be remunerated in accordance with the procedure established in Article 195 of this Code.
Article 123Suspension from Work
1.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.
2.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.
3.A suspended employee shall, with his consent, be transferred to another work, provided such transfer does not contradict the purpose of suspension.
4.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.
5.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 1231Suspension of an Employment Contract in the Case of Failure to Fulfil Obligations by the Employer
1.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.
2.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.
3.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.
4.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 124Grounds for the Expiry of an Employment Contract
1.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.
2.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 125Termination of an Employment Contract by Agreement between the Parties
1.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.).
2.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 126Termination of an Employment Contract upon its Expiry
1.Upon the expiry of an employment contract an employer or employee shall be entitled to terminate the employment contract.
2.If neither of the parties terminates the employment contract, the contract shall be considered to become of indefinite duration.
Article 127Termination of an Employment Contract upon the Notice of an Employee
1.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.
2.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.
3.(Repealed as from 28 May 2005).
4.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 128Termination of an Employment Contract due to Circumstances beyond the Employee’s Control
1.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.
2.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 129Termination of an Employment Contract on the Initiative of an Employer without any Fault on the Part of an Employee
1.An employer may terminate an indefinite-term employment contract with an employee only for valid reasons by giving him notice thereof in accordance with the procedure established in Article 130 of 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.
2.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.
3.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: *4. 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. *5. 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:
4.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.
5.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 2010.
Article 130Notice of the Termination of an Employment Contract
Version of paragraph 1 before 31 December 2010: *1. 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:
1.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 (4) of this Code must be given notice of dismissal from work at least four months in advance.
2.The notice of the termination of an employment contract must specify:
1)reasons for dismissal from work and motivations for the termination of the employment contract;
2)the date of dismissal from work;
3)the procedure for settling accounts with the employee being dismissed.
Version of paragraph 3 before 31 December 2010: *3. During the period of notice the employer must grant the employee some time off from work to seek for a new job. The length of time shall not be less than ten percent of the employee’s rate of working time during the term of notice. Time off from work shall be granted in accordance with the procedure agreed between the employee and the employer. The employee shall retain his average wage for this time, or subject to the collective agreement he may be paid an hourly pay which may not be less than the minimum hourly rate approved by the Government for each hour granted to seek for a new job.
Version of paragraph 3 after 1 January 2011:
3.During the period of notice the employer must grant the employee some time off from work to seek for a new job. The length of time shall not be less than ten percent of the employee’s rate of working time during the term of notice. Time off from work shall be granted in accordance with the procedure agreed between the employee and the employer. The employee shall retain his average wage for this time.
4.The period of notice shall be extended to cover the period of the employee’s sickness or leave or for the period from the institution of proceedings until the coming into effect of the court decision when the refusal to give a preliminary agreement to dismiss the employee from work is contested in accordance with the procedure established by law.
5.If an employee is dismissed from work before the expiry of the term of notice, the date of his dismissal shall be carried over to the date when the term of notice should have expired. *Note: the provisions of collective agreements agreed pursuant to this Law shall be valid until 31 December 2010.
Article 1301Collective Redundancies
1.Collective redundancies shall mean terminations of employment contracts where, over a period of 30 calendar days for economic or technological reasons, due to structural reorganisations at the workplace or other reasons not related to individual employees, the number of projected redundancies is:
1)at least 10 employees in enterprises employing at least 20 but less than 100 employees;