2)at least 10 percent of the number of employees in enterprises employing at least 100 but less than 300 employees;
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3)at least 30 employees in enterprises employing 300 employees or more.
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2.Collective redundancies shall not cover cases where redundancies take place upon the expiry of the term of the employment contract (fixed-term, seasonal, temporary).
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3.An employer must notify a local labour exchange office in writing of any projected redundancies in accordance with the procedure established by the Government, after consultations with employees' representatives and not later than prior to giving notification of the termination of the employment contract.
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4.An employment contract may not be terminated in breach of the obligation to notify a local labour exchange office of any projected redundancies or the obligation to hold consultations with employees' representatives.
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Article 131Restrictions on the Termination of an Employment Contract
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1.It shall be prohibited to give notice of the termination of an employment contract and to dismiss from work:
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1)an employee during the period of temporary incapacity for work (Article 133 of the Code), as well as during his leave, except for the cases specified in paragraph 1 of Article 136 of this Code;
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2)an employee called up to fulfil active national defence service or other duties of the citizen of the Republic of Lithuania, except for the cases specified in paragraph 1 of Article 136 of this Code;
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3)in other cases specified by laws.
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2.If an employee fails to come to work upon the expiry of the periods specified in paragraph 1 of this Article, his employment contract may be terminated on the grounds for the termination of an employment contract as set in this Section.
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Article 132Guarantees to Pregnant Women and Employees Raising Children
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1.An employment contract may not be terminated with a pregnant woman from the day on which her employer receives a medical certificate confirming pregnancy, and for another month after maternity leave, except for the cases specified in paragraphs 1 and 2 of Article 136 of this Code and a temporary employment contract upon its expiry.
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2.Employment contracts with employees raising a child (children) under three years of age may not be terminated without any fault on the part of the employee concerned (Article 129 of the Code).
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Article 133Guarantees to Employees who have Contracted a Disease or have been Injured at Work
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1.Employees, who have lost their capacity for work as a result of injury at work or occupational disease, shall retain their position and duties until they recover their capacity for work or a disability is established. An employment contract with an employee having an established disability may be terminated subject to the provisions laid down in this Section.
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2.Employees, who have temporarily lost their functional capacity for reasons other than those specified in paragraph 1 of this Article, shall retain their position and duties if they are absent from work due to temporary loss of functional capacity for not more than 120 successive days or for not more than 140 days within the last 12 months, unless laws and other regulatory acts provide that in the case of a specific disease the position and duties shall be retained for a longer period.
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3.The periods specified in paragraph 2 of this Article shall not include the period during which an employee was in receipt of a state social insurance benefit for attending a family member or an allowance in cases of epidemic diseases.
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Article 134Guarantees to Employees’ Representatives
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1.Employees, who are elected to employee representative bodies (Article 19 of this Code), may not be dismissed from work under Article 129 of this Code without the prior consent of the body concerned during the period for which they have been elected. The chairman of the trade union or the works council may not be dismissed from work under paragraph 3(1) of Article 136 of the Labour Code during his term of office without the prior consent of the representative body of the trade union or the works council.
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2.The representative body must take a decision as to whether to satisfy the employer’s application for its consent to the dismissal of a representative of employees within 14 days from the receipt of the said application. The representative body of employees shall express its consent or refusal to give its consent to the dismissal of an employee in writing. If the representative body of employees fails to reply to the employer within this period, the employer shall be entitled to terminate the employment contract.
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3.The employer shall be entitled to contest the refusal of the representative body of employees to give its contest to the dismissal of the representative of employees in court. The court may reverse such a decision if the employer proves that this decision substantially violates his interests.
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4.The collective agreement may provide that the guarantee laid down in paragraph 1 of this Article shall also apply to other employees. In the cases specified in laws or collective agreements employees may not be dismissed from work without the consent of other bodies as well.
\n
5.The consent of the representative body of employees shall be effective until the expiry of the terms of notice of the termination of an employment contract as set in Article 130 of this Code. An employee, who has been dismissed from work in violation of the requirements laid down in this Article, must be reinstated in his former position by a decision of the labour dispute resolution body.
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Article 135Right of Priority to Retain the Job in the Case of Redundancy
\n
1.In the event of reduction in the number of employees for economic or technological reasons or due to structural reorganisations at the workplace, the right of priority to retain the job shall be enjoyed by the following employees:
\n
1)who sustained an injury or contracted an occupational disease at that workplace;
\n
2)who are alone raising children (adopted children) under sixteen years of age, or care for other family members who have been established a severe or moderate disability level or whose capacity for work has been rated below 55 percent or family members who have reached old-age retirement age, who have been assessed in accordance with the procedure established by legal acts as having high or moderate special needs;
\n
3)whose continuous length of service at that workplace is at least ten years, with the exception of employees, who have become entitled to the full old age pension or are in receipt thereof;
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4)who will be entitled to the old-age pension in not more than three years;
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5)to whom such a right is granted in the collective agreement;
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6)who are elected to the employee representative bodies (Article 19 of the Code).
\n
2.The priority to retain the job as set in paragraphs 1(2), 1(3), 1(4) and 1(5) of this Article shall apply only to those employees whose qualification is not below the qualification of the other employees of the same speciality, who work in that enterprise, establishment or organisation.
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Article 136Termination of an Employment Contract without Notice
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1.An employment contract must be terminated without notice in the following cases:
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1)upon an effective court decision, or when a court judgement whereby an employee is imposed a sentence, which prevents him from continuing his work, becomes effective;
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2)when an employee is deprived of special rights to perform certain work in accordance with the procedure prescribed by laws;
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3)upon the demand of bodies or officials authorised by laws;
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4)when an employee is unable to perform these duties or work according to a medical conclusion or a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour;
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5)when an employee under fourteen to sixteen years of age, one of his parents, or the child’s statutory representative, or his attending paediatrician, or the child’s school demand that the employment contract be terminated;
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6)upon the liquidation of an employer, if under laws his labour obligations were not placed on another person.
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2.An employment contract shall expiry upon the death of an employer if the contract was concluded for the supply of services to him personally, as well as when the employer has no legal successor.
\n
3.An employer shall be entitled to terminate an employment contract without giving an employee prior notice thereof:
\n
1)when the employee performs his duties negligently or commits other violations of labour discipline provided that disciplinary sanctions were imposed on him at least once during the last 12 months;
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2)when the employee commits one gross breach of duties (Article 235 of the Code).
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4.Upon terminating an employment contract under paragraph 3 of this Article, an employer must observe the rules for imposing disciplinary sanctions (Chapter XVI of the Code).
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Article 137Termination of an Employment Contract in the Case of the Bankruptcy of an Employer
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Upon the commencement of the employer’s bankruptcy procedure, employment contracts may be terminated in accordance with the provisions of bankruptcy laws. In such cases the provisions of this Section shall only be applicable when respective issues are not regulated by bankruptcy laws.
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Article 138Restrictions on the Termination of an Employment Contract during the Reorganisation of an Enterprise
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Changes of the owner of an enterprise, establishment or organisation, the subordination, founder or name thereof, as well as any merger or division by the formation of a new enterprise, establishment or organisation, division by acquisition, or merger by acquisition, the transfer of business or a part thereof may not constitute a legitimate reason to terminate employment relationships.
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Article 139Elimination of Contradictions of an Employment Contract to Laws
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1.Where constituent part(s) of an employment contract contradict(s) the prohibiting provisions of laws, and those contradictions cannot be eliminated, as well as where there is no possibility to transfer an employee, with his consent, to another work, the employment contract shall be terminated.
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2.An employment contract concluded in violation of laws or international agreements of the Republic of Lithuania, which regulate the employment of persons temporarily staying in the Republic of Lithuania, must be terminated. Sanctions provided by laws shall apply to an employer or his authorised person, who has committed such violation.
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3.Disputes concerning the termination of an employment contract or the recognition of its parts contradictory to laws invalid shall be settled by the labour dispute resolution body.
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Article 140Severance Pay
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1.Upon the termination of the employment contract under Article 129 and paragraph 1(6) of Article 136 of this Code, the dismissed employee shall be paid a severance pay in the amount of his average monthly wage taking into account the continuous length of service of the employee concerned at that workplace:
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1)under 12 months – one monthly average wage;
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2)12 to 36 months – two monthly average wages;
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3)36 to 60 months – three monthly average wages;
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4)60 to 120 months – four monthly average wages;
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5)120 to 240 months – five monthly average wages;
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6)over 240 months – six monthly average monthly wages.
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2.Upon the termination of an employment contract in other cases specified in this Section (except for the cases specified in Articles 125, 126 and paragraph 1 of Article 127 of the Code) and other laws without any fault on the part of the employee concerned, he shall be paid a severance pay in the amount of his two monthly average wages, unless otherwise provided by laws or collective agreements.
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Article 141Procedure for Settling Accounts with an Employee being Dismissed
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Version of paragraph 1 before 31 December 2010: *1. An employer must make a full settlement of accounts with an employee being dismissed from work on the day of his dismissal, unless a different procedure for settling accounts is provided by laws or an agreement between the employer and the employee. Where the employee is entitled to a severance pay in the amount of at least five monthly average wages, the employer may by his own decision pay out this severance pay not later than within three months from the day of his dismissal in equal parts, making payments at least once a month.
\n
Version of paragraph 1 after 1 January 2011:
\n
1.An employer must make a full settlement of accounts with an employee being dismissed from work on the day of his dismissal, unless a different procedure for settling accounts is provided by laws or an agreement between the employer and the employee.
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2.On the day of the settlement of accounts, the employer must pay the employee all the amounts due and fill in the employment contract in accordance with the established procedure.
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3.Where the settlement of accounts is delayed through no fault of the employee, the employee shall be paid his average wage for the delayed time.
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4.If the employee so desires, the employer must issue him a certificate about his work indicating his functions (duties), the dates of its commencement and end, and, at the request of the employee, the amount of his wage and performance assessment (character reference). *Note: the provisions of collective agreements agreed pursuant to this Law shall be valid until 31 December 2010.
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CHAPTER XIII
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WORKING TIME
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Article 142Concept of Working Time
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Working time shall mean any period during which the employee must work carrying out his activity or duties, and other periods equivalent to it.
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Article 143Composition of Working Time
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1.Working time shall include:
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1)the time, actually taken to do any work, hours of on call-duty at home and at the place of work;
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2)the length of posting or business trip to another locality;
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3)the time necessary to prepare and arrange a workstation, work equipment, safety measures;
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4)rest breaks, included in working time according to statutory acts;
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5)the time of mandatory medical check-ups;
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6)a study programme, qualification improvement in a workplace or training centres;
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7)the time of suspension from work, if a employee who is suspended must comply with the order established in his workplace;
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8)the period of idle time;
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9)other periods of time set by regulatory acts.
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2.Working time shall not include:
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1)absence from work;
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2)non-arrival at the workstation with permission of the administration;
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3)performance of state, public or citizen's duties, military service or military training;
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4)the period of incapacity for work;
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5)breaks to rest and to eat, daily rest (inter-shift), weekly rest, public holidays, annual leave;
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6)other periods of time set by regulatory acts.
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Article 144Working Time
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1.Working time may not exceed 40 hours per week.
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2.A daily work period must not exceed 8 working hours. Exceptions may be established by laws, Government resolutions and collective agreements.
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3.Maximum working time, including overtime, must not exceed 48 hours per 7 days.
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4.The duration of working time of specific categories of employees (of health care, care (custody), child care institutions, energy, specialised communications services and specialised accident containment services, as well as other services on standby duty, etc.) as well as of watchmen on premises may be up to 24 hours per day. The average duration of working time of such employees must not exceed 48 hours per seven-day period, and the rest period between working days must not be shorter than 24 hours. The list of such jobs shall be approved by the Government.
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5.For employees employed in more than one undertaking or in one undertaking but under two or more employment contracts, the working day may not be longer than 12 hours.
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Article 145Shorter Working Time
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1.Shorter working time shall be set for:
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1)persons under eighteen years of age – in accordance with the provisions of the Law on Safety and Health at Work;
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2)persons who work in the working environment where the concentrations of hazardous factors exceed the acceptable limits set in legal acts on safety and health at work and it is technically or otherwise impossible to reduce these concentrations in the working environment to acceptable levels not hazardous to health, working time shall be set taking into account the working environment, but not exceeding 36 hours per week. The specific daily and weekly duration of working time for persons working in such environment shall be set taking into the account the results of the examination of the working environment on the basis of the criteria and procedure approved by the Government for setting shorter working time according to the factors of the working environment;
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3)persons working at night.
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2.Shorter working time for employees performing work involving heavy mental, emotional strain shall be established by the Government.
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Article 146Part-time Work
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1.Part-time daily working time or part-time weekly working time shall be set:
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1)by agreement between the employee and the employer;
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2)at the request of the employee due to his health status according to a conclusion of a health care institution;
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3)on the request of a pregnant woman, a woman who has recently given birth (mother who submits to the employer a certificate issued by a health care institution confirming that she has given birth, and who is raising a child until he reaches one year of age, hereinafter referred to in the Code as a woman who has recently given birth), a breast-feeding woman (mother who submits to the employer a certificate issued by a health care institution confirming that she is raising and breast-feeding her child, hereinafter referred to in the Code as a breast-feeding woman), an employee raising a child under three years of age, as well as an employee who is alone raising a child under fourteen years of age or a disabled child under eighteen years of age;
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4)at the request of an employee under eighteen years of age;
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5)at the request of a disabled person according to a conclusion issued by the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour;
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6)at the request of an employee nursing a sick family member according to a conclusion of a health care institution.
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2.Unless otherwise indicated in the conclusion of a health care institution, part-time work may, by agreement, be established by decreasing the number of working days per week or shortening a working day (shift), or doing both. Part-time working time during a working day may be divided into parts. Other conditions related to the procedure for establishing part-time work shall be set by the Government. The conditions set by the Government may be disregarded where this is agreed upon in the collective agreement.
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3.Part-time work shall not result in limitation when setting the duration of annual leave, calculating the length of service, promoting an employee, improving qualification, as well as shall not limit other employment rights of the employee. Employees shall receive payment in proportion to the time of work or by result.
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Article 147Work Time Regime
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1.Distribution (change) of work and rest periods for each employee in a 24-hour day, a week or a recording period, as well as the beginning and end of daily work (shift) shall be set under work regulations of an enterprise, establishment, organisation. Work (shift) schedules shall be approved by the administration, upon agreement with representatives of employees of an enterprise, establishment, organisation (Article 19 of the Code) or in accordance with the procedure established in a collective agreement. The beginning and end of working time in state and municipal enterprises, establishments, organisations shall be set by the Government in compliance with the provisions of this Chapter.
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2.A five-day working week with two rest days shall be set for employees. A six-day working week with one rest day shall be set in the enterprises in which a five-day working week is impossible due to the nature of production or on other grounds.
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3.Employees must keep to work (shift) schedules. Work schedules shall be posted publicly on information boards of enterprises and their divisions not later than two weeks before their effective date. The collective agreement may specify cases where work schedules shall be posted not later than one week before their effective date. Work schedules in enterprises, establishments and organisations, individual workshops and sections where summary recording of working time is applied, also with regard to jobs subject to summary recording of working time shall be posted publicly on information boards of enterprises and their divisions not later than one week before their effective date. The employer must ensure an even rotation of shifts.
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4.It shall be prohibited to assign one employee two shifts in succession.
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5.Wherever possible, employees raising children under fourteen years of age shall have the prior right to choose a shift.
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6.The working time actually worked by employees shall be recorded in model time sheets approved by the Government.
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7.In respect of employees who, according to their job functions, manage their working time fully or partially at their own discretion, rules for recording their working time shall be established by the employer.
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Article 148Specific Features of Work and Rest in Sectors of Economic Activities
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Work and rest periods in transport, postal, agricultural, health and care (custody) enterprises, as well as in marine and river navigation and other sectors of economic activities may, taking into consideration the seasonal nature of work and other conditions, vary from the norms established by this Code. Specific features of work and rest periods in these sectors of activities shall be established by the Government.
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Article 149Summary Recording of Working Time
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1.Where necessary, in enterprises, establishments and organisations, also in individual workshops and sections and with regard to certain jobs summary recording of working time may be introduced, having regard to the opinion of the employees’ representatives (Article 19 of the Code) or in other cases established in the collective agreement. The length of working time during a recording period must not exceed the number of working hours set for a particular category of employees. In the case of summary recording of working time, the maximum working time may not exceed 48 hours per week and 12 hours per working day (shift). The duration of a recording period may not exceed four months.
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2.In the case of summary recording of working time, daily and weekly uninterrupted rest periods established in this Code must be ensured. If the number of working hours set for a particular category of employees is exceeded during a respective recording period, a working day shall be shortened for employees on their request, or they shall be given a rest day (days) in the manner prescribed by the employment contract, collective agreement or work regulations and paid for this additional rest period the average wage, or they shall be paid an additional amount at overtime rates. If in the case of summary recording of working time, the working time worked by an employee during a respective recording period is less than the number of working hours set for a particular category of employees for reasons relative to the employer, the difference between the time actually worked and the set working time shall be paid as for idle time (paragraph 1 of Article 195 of the Code).
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3.(Repealed as of 1 August 2010).
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Article 150Limitation of Overtime Work
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1.Overtime work is such work which is being done exceeding the working time set in paragraph 1 of Article 144, Articles 145, 146 and paragraphs 1 and 2 of Article 149 of this Code.
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2.An employer may assign overtime work only in exceptional cases, which are specified in Article 151 of this Code. In other cases overtime work may be organised only subject to the written consent or written request of an employee.
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3.Overtime work cannot be assigned: to persons under eighteen years of age; to persons who study at general education and vocational schools without interrupting work - on study days; when factors in the working environment exceed the permitted levels, as well as in other cases established by laws and the collective agreement.
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4.Pregnant women, women who have recently given birth, breast-feeding women, employees who are raising a child under three years of age, employees who are alone raising a child under fourteen years of age or a disabled child under eighteen years of age, as well as disabled persons may be assigned to do overtime work only with their consent. Moreover, disabled persons may be assigned to do overtime work provided it is not forbidden by a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour.
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5.Work of administrative officials which exceed the set working time shall not be deemed overtime work. A list of such positions shall be established in collective agreements, work regulations.
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Article 151Exceptional Cases when an Employer may Assign Overtime Work
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An employer may assign to do overtime work in the following exceptional cases:
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1)when the work to be performed is necessary for national defence and for preventing accidents or dangers;
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2)when the work to be performed is needed for the public at large, also when eliminating incidental and unexpected consequences as a result of accidents, natural disasters;
\n
3)when it is necessary to finish the work which could not have been finished during the working time in the present technical production conditions because of an unforeseen or accidental obstacle, if production materials may get spoiled or work equipment may break down as a result of an interruption in work;
\n
4)when the work to be performed is related to repairs and renovation of mechanisms or equipment, if many workers would have to interrupt their work due to the breakdown of the said mechanisms and equipment;
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5)when another shift worker fails to arrive at the workstation, if working process may be impeded because of this; in such cases the administration must immediately, but not later than in the middle of the shift replace the shift worker by another employee;
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6)to perform loading and unloading operations and related transportation work, when it is necessary to vacate warehouses of transport enterprises, as well as to load and unload means of transportation in order to avoid the accumulation of freight in dispatch and destination points and idle vehicle time;
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7)when this is provided for in the collective agreement.
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Article 152Duration of Overtime Work
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Version of paragraph 1 before 31 December 2010: *1. The employee’s overtime work must not exceed four hours per day (shift) and 120 hours per year. A different annual duration of overtime work may be established in the collective agreement, however, not exceeding 180 hours per year. In all cases rest periods must be observed (Chapter XIV of the Code).
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Version of paragraph 1 after 1 January 2011:
\n
1.The employee’s overtime work must not exceed four hours in two consecutive days and 120 hours per year. A different annual duration of overtime work may be established in the collective agreement, however, not exceeding 180 hours per year.
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2.The employer must keep the precise records of overtime work of every employee in time sheets. *Note: the provisions of collective agreements agreed pursuant to this Law shall be valid until 31 December 2010.
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Article 153Working Time during Public Holidays and Eves of Rest Days
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1.On the eve of holidays working time shall be shortened by one hour, except for part-time employees.
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2.In case of six-day working week, work before a holiday shall not last longer than for 5 hours.
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Article 154Work at Night
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1.Night time is calendar time from 10 p.m. to 6 a.m.
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2.Work shall be considered to be night work if three working hours thereof happen to be at night. Working time at night shall be shortened by one hour.
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3.Working at night shall be prohibited for persons under eighteen years of age, as well as for persons who are not allowed to work at night according to a conclusion of a health care institution.
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4.The disabled, if not prohibited by a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour, pregnant women, women who have recently given birth, breast-feeding women, employees who are raising a child under three years of age, employees who are alone raising a child under fourteen years of age or a disabled child under eighteen years of age may be assigned to work at night only with their consent.
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5.The duration of work at night shall not be shortened in case of continuous production, as well as in cases when under employment contract an employee has been recruited to perform work at night.
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6.Employees working at night shall have free medical check-ups in accordance with the procedure laid down by the Government, also on their request (if they have complaints in relation to work at night). If it is established that work at night has harmed or may cause harm to the employee’s health, the employer must, on the basis of a conclusion of a health care institution, transfer the employee to do day work only.
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Article 155On-call Duty at the Enterprise or at Home
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1.In exclusive cases, when it is necessary to ensure proper operation of the enterprise or completion of urgent work, the employer may assign an employee to on-call duty at the enterprise or at home after the working day, on rest days or public holidays not more often than once a month or, with the consent of the employee, not more often than once a week.
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2.The duration of on-call duty at the enterprise together with the duration of a working day (shift) (when an employee is assigned to on-call duty after the end of a working day (shift)), may not exceed the duration of a working day (shift) set in Article 144 of this Code, and the duration of on-call duty at the enterprise on rest days and public holidays, as well as at home may not exceed 8 hours a day. On-call duty at the enterprise shall be treated as working time, and on-call duty at home shall be treated as at least half of working time.
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3.For on-call duty at the enterprise when the standard duration of working time (established in paragraphs 1 and 2 of Article 144, Articles 145, 146 and paragraph 1 of Article 149 of the Code) is exceeded, or on-call duty at home, a rest period of the same duration as on-call duty at the enterprise or as the time of on-call duty equivalent to working time (serving on-call duty at home) must be given during next month, or upon the employee’s request this rest period may be added to the employee's annual leave, or paid as for overtime work.
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4.Persons under eighteen years of age may not be assigned to on-call duty at the enterprise or at home. Pregnant women, women who have recently given birth and breast-feeding women, employees raising a child under three years of age, employees alone raising a child under fourteen years of age or a disabled child under eighteen years of age, persons taking care of a disabled person, the disabled, if not prohibited by a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour, may be assigned to on-call duty at the enterprise or at home only with their consent.
\n
CHAPTER XIV
\n
REST PERIOD
\n
Article 156Definition of Rest Period
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Rest period shall be the time free from work, regulated by law, a collective agreement or a contract of employment.
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Article 157Categories of Rest Periods
\n
Rest periods shall be as follows:
\n
1)a break to rest and to eat;
\n
2)additional and special breaks for rest during a working day (shift);
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3)uninterrupted rest of 24 hours in between working days (shifts);
\n
4)weekly uninterrupted rest;
\n
5)an annual rest period (public holidays, annual leave).
\n
Article 158Break to Rest and to Eat
\n
1.Employees shall be granted a break of maximum two hours and minimum half an hour to rest and to eat. This break shall be provided, as a rule, after half of the working day (shift) but not later than after four working hours.
\n
2.An employee shall use the break to rest and to eat at his discretion. During the break he may leave the workplace. This break shall not be included in the working time.
\n
3.In a six-day working week, on the eve of rest days and public holidays, work may continue without a break to rest and to eat only where the duration of the working day does not exceed six hours.
\n
4.An employer must take care that adequate conditions are provided for employees to rest and to eat during the break.
\n
5.Categories of work where, owing to industrial conditions, no breaks to rest and to eat may be made, employees must be provided a possibility to eat during working time.
\n
6.The beginning, end and other conditions of a break to rest and to eat shall be set by work regulations, the work schedule, a collective agreement and a contract of employment.
\n
Article 159Additional and Special Breaks
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1.Employees shall be entitled, taking due account of the working conditions, to additional rest breaks.
\n
2.Employees under eighteen years of age, who work for more than four hours, must be granted an additional break of at least 30 minutes to rest during their working time. This break shall be included in their working time.
\n
3.When work is performed out of doors or in unheated premises, where the temperature is below -10o C, also when performing physically demanding or mentally strained work or work involving exposure to other effects adverse to health, special breaks must be provided.
\n
4.Additional and special breaks shall be included in the working time and the procedure for establishing them shall be approved by the Government.
\n
5.The number of additional and special breaks, their duration and the place of rest shall be defined, taking account of the specific working conditions, in collective agreements or work regulations.
\n
Article 160Daily Rest
\n
1.The duration of uninterrupted rest between working days (shifts) may not be shorter than 11 consecutive hours per 24-hour period.
\n
2.The duration of daily uninterrupted rest to employees under sixteen years of age must be at least 14 hours, and to persons from sixteen to eighteen years of age - at least 12 hours and must fall in the time from 10 p.m. to 6 a.m.
\n
Article 161Uninterrupted Weekly Rest
\n
1.Sunday shall be a general rest day and where there is a five-day working week - Saturday and Sunday, with the exception of cases specified in paragraphs 2, 3 and 4 of this Article and in other regulatory acts.
\n
2.For enterprises and organisations where work cannot be interrupted because it involves the need for continuity of services to be provided to the population (public transport, health institutions, public utilities, theatres, museums, etc.) rest days shall be established by the executive municipal body.
\n
3.At enterprises and organisations where work cannot be interrupted on technical production grounds or involving the need for continuity of services to be provided to the population as well as at other enterprises of continuous production, rest days shall be provided on other week days in succession to each group of the employees in accordance with work (shift) schedules. Work (shift) schedules shall be drawn up and approved in accordance with the procedure prescribed by Articled 147 of this Code.
\n
4.In the case of summary recording of working time, employees shall be provided rest days in accordance with work (shift) schedules.
\n
5.A weekly uninterrupted rest period shall not be shorter than 35 hours. In the cases referred to in paragraphs 2, 3 and 4 of this Article both rest days must be provided in succession.
\n
6.It shall be prohibited to assign work on rest days, with the exception of work which cannot be interrupted on technical production grounds (enterprises and organisations of continuous operation), work involving the need to provide services to the population as well as work involving urgent repairs and loadings. Pregnant women, women who have recently given birth, breast-feeding women, employees raising a child under three years of age, and employees alone raising a child under fourteen years of age or a disabled child under sixteen years of age, as well as persons under eighteen years of age may be assigned to work on rest days only with their consent.
\n
7.Persons under eighteen years of age must be provided at least two rest days per week.
\n
8.For the purpose of combining rest periods of employees with holidays, rest days at enterprises, establishments and organisations financed from the state and municipal budgets may be moved by a resolution of the Government which is of a recommendatory character to other enterprises, establishments and organisations. Working time may not be extended due to the rescheduling of rest days.
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Article 162Public Holidays
\n
1.Enterprises, offices and organisations shall not work on the following public holidays:
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1)January 1 – New Year's Day;
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2)February 16 – Day of Re-establishment of the State of Lithuania;
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3)March 11 – Day of Re-establishment of Lithuania's Independence;
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4)Easter and Easter Monday (Western Church);
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5)May 1 – International Labour Day;
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6)first Sunday in May – Mother's Day;
\n
7)first Sunday in June – Father's Day;
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8)June 24 – Dew (Rasos) and St John’s Day;
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9)July 6 – Day of the State (Coronation of King Mindaugas)
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10)August 15 – Assumption Day;
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11)November 1 – All Saints’ Day;
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12)December 24 – Christmas Eve’s Day;
\n
13)December 25 and 26 – Christmas days.
\n
2.It shall be prohibited to assign work during public holidays, with the exception of work which cannot be interrupted on technical production grounds (enterprises and organisations of continuous operation), work involving the need to provide services to the population as well as work involving urgent repairs and loadings. Pregnant women, women who have recently given birth, breast-feeding women, employees raising a child under three years of age and employees raising a child under fourteen years of age or a disabled child under eighteen years of age, and persons under eighteen years of age may be assigned to work during public holidays only with to their consent.
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Article 162(1). Repealed as of 30 December 2008
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Article 163Remembrance Days
\n
Days which are regarded as remembrance days under law shall be working days.
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Article 164Types of Leave
\n
Leave shall be an annual leave and a special-purpose leave.
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Article 165Annual Leave
\n
1.Annual leave shall be a period calculated in calendar days granted to an employee for rest and rehabilitation of working capacity, whereby his job (position) and the average wage is retained. The public holidays referred to in Article 162 of this Code shall not be included in the period of annual leave.
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2.Annual leave shall be minimum, extended and additional.
\n
Article 166Minimum Annual Leave
\n
1.The minimum annual leave shall be a period of 28 calendar days.
\n
2.The minimum annual 35-calendar-day leave shall be granted to:
\n
1)employees under eighteen years of age;
\n
2)employees who are alone raising a child under fourteen years of age or a disabled child under eighteen years of age;
\n
3)disabled persons;
\n
4)other persons specified by laws.
\n
3.Annual leave shall not be shortened for part-time employees.
\n
Article 167Extended Annual Leave
\n
Extended annual leave up to 58 calendar days shall be granted to certain categories of employees whose work involves greater nervous, emotional and intellectual strain and professional risk, as well as to those employees who work in specific working conditions. The Government shall approve a list of categories of employees who are entitled to the extended leave and shall define therein the specific duration of the extended leave for each category of employees.
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Article 168Additional Annual Leave
\n
1.Additional annual leave shall be granted:
\n
1)to employees for work under the conditions deviating from the normal working conditions;
\n
2)for a long uninterrupted employment at the same workplace;
\n
3)for a specific character of work.
\n
2.The duration of additional annual leave, the terms and conditions as well as the procedure for providing it shall be established by the Government. A contract of employment, a collective agreement or work regulations may provide for a longer additional annual leave or additional annual leave of types other than those specified in this Article.
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Article 169Procedure for Granting Annual Leave
\n
1.Annual leave for each working year shall be granted in the same working year.
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2.Annual leave for the first working year shall be granted, as a rule, after six months of uninterrupted work at the enterprise. For the second and subsequent working years annual leave shall be granted at any time of the working year in accordance with the annual leave schedule. The procedure for making the schedule shall be stipulated in a collective agreement and, where such an agreement is not made, the annual leave schedule shall be made by agreement between the parties.
\n
3.Where there are less than six months of uninterrupted work, annual leave shall be granted at the request of an employee in the following cases:
\n
1)to women before or after a maternity leave;
\n
2)in other cases laid down by laws and collective agreements.
\n
4.The following persons shall be entitled to choose the time of annual leave after six months of uninterrupted work at an enterprise:
\n
1)persons under eighteen years of age;
\n
2)pregnant women and employees alone raising a child under fourteen years of age or a disabled child under eighteen years of age.
\n
5.Men shall at their request be granted their annual leave during the maternity leave of their wives.
\n
6.During the first year of employment, the teaching staff of educational institutions shall be granted annual leave during summer holidays of school children and students, irrespective of the date when the staff began to work at the appropriate institution.
\n
7.Annual leave for persons, who are studying without interruption of their employment, shall be adjusted, at their request, with the time of their examinations, tests, work on the graduation thesis, laboratory work and consultations.
\n
8.Employees who are taking care of sick or disabled persons at home as well as persons who are suffering from chronic diseases which become more acute depending on the atmospheric conditions shall be granted their annual leave at the time of their choice subject to a recommendation of a health institution.
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Article 170Length of Service Entitling to Annual Leave
\n
1.The year of employment for which annual leave is granted shall include:
\n
1)the actual period of work;
\n
2)the period during which, under law, an employee retains his job (position) and the full wage or a part thereof;
\n
3)the period during which, under law, an employee retains his job (position) and is paid a grant or other benefits, with the exception of the period of parental leave until the child reaches three years of age;
\n
4)the period during which the employee received a sickness, maternity or paternity benefit;
\n
5)paid annual leave;
\n
6)unpaid leave for up to 14 calendar days;
\n
7)unpaid leave for up to 30 calendar days for disabled employees;
\n
8)unpaid leave for up to 30 calendar days for employees taking care of a disabled person;
\n
9)the period of involuntary idle time for an employee who has been reinstated in his former position;
\n
10)the period of a lawful strike;
\n
11)other periods provided by laws.
\n
2.The year of employment for which annual leave is granted shall start from the date of the recruitment of the employee.
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Article 171Duration of Annual Leave
\n
1.Additional annual leave shall be added to the minimum annual leave and may be granted either together with it or separately.
\n
2.The employees who are entitled to an extended annual leave and an additional annual leave shall be granted, subject to their request, either only an extended annual leave or, following the procedure laid down in paragraph 1 of this Article, by adding to the minimum annual leave the additional annual leave.
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Article 172Division of Annual Leave into Instalments
\n
Annual leave may, at the request of the employee, be taken in instalments. One instalment of annual leave may not be shorter than 14 calendar days.
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Article 173Recall from Annual Leave
\n
Recall from annual leave shall be permitted only on the employee's consent. The unused portion of annual leave shall be granted following the procedure set out in paragraphs 2 and 3 of Article 174 of this Code.
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Article 174Transfer and Extension of Annual Leave
\n
1.It shall be permitted to transfer annual leave only at the request or subject to the consent of the employee. Annual leave shall also be transferred where the employee:
\n
1)is temporarily incapacitated;
\n
2)becomes entitled to a special-purpose leave specified in Article 178 of this Code;
\n
3)becomes entitled to unpaid leave referred to in paragraph 1 of Article 184 of this Code;
\n
4)is excused from work for the performance of official or public duties in the cases specified in paragraphs 1 and 3 of Article 183 of this Code;
\n
5)takes part in relief operations after natural disasters and accidents, irrespective of the procedure according to which he was mobilised to take part in these operations.
\n
2.Where the causes specified in paragraph 1 of this Article or any other causes due to which annual leave could not be used, arose before the commencement of annual leave, annual leave shall be transferred to some other time by agreement between the employee and the administration. Where such causes arose during annual leave, the annual leave shall be extended by an appropriate number of days, or, by agreement between the employee and the administration, the unused portion of annual leave shall be carried forward to some other time.
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3.The transferred annual leave shall be, as a rule, granted in the same year of employment. At the request or with the consent of the employee, the unused portion of annual leave may be transferred and added to the annual leave of the next year of employment.
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Article 175Granting of Unused Annual Leave when Dismissing from Work
\n
When an employee is being dismissed from work, with the exception of cases when he is being dismissed through his own fault, the unused annual leave shall be granted, at his own request, by carrying forward the date of dismissal. If this is the case, the date of dismissal shall be the next day after the final day of the annual leave.
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Article 176Pay for Annual Leave
\n
1.During annual leave the employee shall be guaranteed his average wage received at all places of employment. The procedure of computation of the average wage shall be determined by the Government.
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2.The pay for annual leave shall be paid at least three calendar days before the commencement of annual leave. Where the pay due to the employee is not paid at the prescribed time not through the fault of the employee, annual leave shall be extended by as many days as the pay was delayed, and the pay for the extended period shall be the same as the pay for annual leave.
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Article 177Monetary Compensation for Unused Annual Leave
\n
1.Annual leave may not be compensated by an allowance in lieu. If the employee cannot be granted annual leave due to the termination of the employment relationship or where the employee does not wish to go on leave, he shall be paid an allowance in lieu.
\n
2.An allowance for unused annual leave shall be paid upon the termination of the employment contract irrespective of its term. The amount of the allowance shall be determined on the basis of the number of working days of unused annual leave for this period of employment. If the employee was not granted annual leave for a period longer than one year, the allowance shall be paid for all unused annual leave.
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Article 178Categories of Special-Purpose Leave
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Special - purpose leave shall be as follows:
\n
1)maternity leave;
\n
2)paternity leave;
\n
3)parental leave until the child reaches three years of age;
\n
4)educational leave;
\n
5)sabbatical leave;
\n
6)leave for the performance of official or public duties;
\n
7)unpaid leave.
\n
Article 179Maternity Leave
\n
1.Women shall be entitled to maternity leave: 70 calendar days before the childbirth and 56 calendar days after the childbirth (in the event of complicated childbirth or birth of two or more children – 70 calendar days). This leave shall be added up and granted to the woman as a single period, regardless of the days used prior to the childbirth.
\n
2.Employees who have adopted newly born babies or who have been appointed as their guardians shall be granted leave for the period from the date of adoption or guardianship until the baby is 70 days old.
\n
3.An allowance provided for in the Law on Social Insurance of Sickness and Maternity shall be paid for the period of leave referred to in paragraphs 1 and 2 of this Article.
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4.An employer shall ensure the right of employees to return to the same or an equivalent job (position) after this leave on conditions which are no less favourable to them, including the wage, as well as to benefit from any improvement in conditions, including the wage, to which they would have been entitled during their absence.
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Article 179(1). Paternity Leave 1. Men shall be entitled to paternity leave – for the period from the date of the birth of a child until the child is one month old.
\n
2.An allowance provided for in the Law on Social Insurance of Sickness and Maternity shall be paid for the period of leave referred to in paragraph 1 of this Article.
\n
Article 180Parental Leave until the Child Reaches Three Years of Age
\n
1.Parental leave until the child reaches three years of age shall be granted, at the choice of the family, to the mother (adoptive mother), father (adoptive father), grandmother, grandfather or any other relative who are actually raising the child, also to the employee who has been recognised the guardian of the child. The leave may be taken as a single period or be distributed in portions. Employees entitled to this leave may take it in turn.
\n
2.The employee intending to use this leave or to return to work before the end of the leave must give the employer a written notice thereof at least fourteen days in advance. A longer period of notice may be established in the collective agreement.
\n
3.During the period of this leave the employee shall retain his job (position), with the exception of cases when the enterprise is dissolved.
\n
Article 181Educational Leave
\n
1.Employees shall be entitled to educational leave in order to prepare for and take entrance examinations to colleges and higher education institutions - three days for each examination.
\n
2.The employees who are studying at schools of general education or at colleges and higher educational institutions registered in the prescribed manner shall be entitled to educational leave subject to a certificate of the above institutions:
\n
1)to prepare for and take ordinary examinations - three days for each examination;
\n
2)to prepare for and take credit tests - two days for each credit test;
\n
3)for laboratory work and consultations - as many days as are set out on the syllabi and time-tables;
\n
4)to complete and present the graduation thesis (Bachelor's, Master's) - 30 calendar days;
\n
5)to prepare for and take state (final) examinations - six days for each examination.
\n
3.Travel time shall not be included in the period of educational leave.
\n
Article 182Sabbatical Leave
\n
Sabbatical leave shall be granted to complete a thesis, to write a text book and in other cases provided by law. The duration, procedure of granting and payment for sabbatical leave shall be regulated by law, by a contract of employment or a collective agreement.
\n
Article 183Leave of Absence for the Performance of Official or Public Duties
\n
1.Employees shall be granted leave of absence in order to exercise their suffrage; when summoned as a witness, a victim, an expert, an interpreter or an attesting witness, a representative of a public organisation or the entire body of employees to pre-trial investigation bodies, the prosecutor's office and the court; to act as a donor and in other cases specified by laws.
\n
2.The employees who have been granted leave of absence for the performance of state or public duties shall be paid a wage, or a compensation not less than the average wage by the establishment or organisation whose obligations they are performing unless the law provides otherwise.
\n
3.The elected employees of a trade union functioning at an enterprise shall be granted a leave of absence up to six working days per year to improve their qualifications, to attend various trade union events etc. The procedure of granting a leave of absence and payment shall be stipulated in a collective agreement.
\n
Article 184Unpaid Leave
\n
1.Unpaid leave shall be provided at the employee's request:
\n
1)to employees raising a child under fourteen years of age - for up to 14 calendar days;
\n
2)to employees raising a disabled child under eighteen years of age - for up to 30 calendar days;
\n
3)during a maternity leave and a parental leave until the child reaches three years of age, to the father at his request (to the mother - during parental leave taken by the father until the child reaches three years of age); the aggregate duration of the above leaves may not be longer than three months;
\n
4)to a disabled person - for up to 30 calendar days per year;
\n
5)to an employee who alone takes care of a disabled person where the necessity of continuous care has been prescribed by a decision of the Disability and Working Capacity Assessment Office - for up to 30 calendar days per year at the time agreed between the parties;
\n
6)to an employee taking care of a sick family member - for a period recommended by a health institution;
\n
7)for a wedding - at least three calendar days;
\n
8)for a funeral of a family member - at least three calendar days.
\n
2.Unpaid leave for other reasons shall be provided in accordance with the procedure laid down in the collective agreement.
\n
Article 185Additional Leave Privileges
\n
Collective agreements and contracts of employment may provide for a longer leave and leaves of other categories, additional privileges for choosing the time of annual leave, higher pay for annual leave and special-purpose leave than those guaranteed by this Code. These privileges, with the exception of the additional privilege to choose the time of one's annual leave, may not be laid down in collective agreements and contracts of employment concluded at establishments and organisations financed from the state, municipal and state social insurance fund budgets and the resources of other funds established by the State, nor in the agreements and contracts concluded at the Bank of Lithuania.
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CHAPTER XV
\n
WAGE. GUARANTEES AND COMPENSATIONS
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Article 186Wage
\n
1.A wage shall be remuneration for work performed by an employee under a contract of employment.
\n
2.A wage shall comprise the basic salary and all additional payments directly paid by the employer to the employee for the work performed.
\n
3.The wage of an employee shall depend upon the amount and quality of work, the results of the activities by the enterprise, establishment or organisation as well as the labour demand and supply on the labour market. Men and women shall get an equal pay for equal or equivalent work.
\n
4.A wage shall be paid in cash.
\n
Article 187Minimum Wage
\n
1.The Government, upon the recommendation of the Tripartite Council, shall determine the minimum hourly pay and the minimum monthly wage. Upon the recommendation of the Tripartite Council, the Government may establish different minimum rates of the hourly pay and the minimum monthly wage for different branches of economy, regions or categories of employees.
\n
2.Collective agreements may establish higher rates of the minimum wage than those referred to in paragraph 1 of this Article.
\n
3.The hourly pay or the monthly wage of an employee may not be less than the minimum rates referred to in paragraphs 1 and 2 of this Law.
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Article 188Organisation of Remuneration for Work
\n
Version of paragraph 1 before 31 December 2010: *1. The conditions and rates of remuneration for work, tariffs and qualification requirements for professions and positions, work quotas, the procedure for setting tariffs for work and employees shall be laid down in collective agreements or, in the absence of a collective agreement, in work regulations or other internal (local) regulatory acts, upon agreement with the employees' representatives.
\n
Version of paragraph 1 after 1 January 2011:
\n
1.The conditions and rates of remuneration for work, tariffs and qualification requirements for professions and positions, work quotas, the procedure for setting tariffs for work and employees shall be laid down in collective agreements.
\n
2.Specific hourly pay on the rate basis, monthly wages, other forms of remuneration for work and conditions, work requirements (output, time, service and other requirements) shall be laid down in collective agreements and contracts of employment.
\n
3.When applying the work classification system for determining the wage, the same criteria shall be equally applied to both men and women, and the system must be developed in such a way so as to avoid discrimination on the grounds of sex. *Note: the provisions of collective agreements agreed pursuant to this Law shall be valid until 31 December 2010.
\n
Article189Remuneration for Work to Employees of State and Municipal Enterprises, Establishments and Organisations
\n
The terms and conditions of remuneration for work to employees of establishments, enterprises, and organisations financed from the state, municipal and state social insurance budgets, from the resources of funds established by the State as well as to employees of the Bank of Lithuania shall be established in accordance with the procedure prescribed by laws.
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Article 190Indexing of the Wage
\n
The wage shall be indexed in accordance with the procedure prescribed by laws.
\n
Article 191Provision of Normal Working Conditions
\n
The employer must ensure normal working conditions for the employees so that they could meet the work requirements. Such conditions shall be as follows:
\n
1)adequate condition of the machinery, equipment and devices;
\n
2)timely provision of technical documentation;
\n
3)adequate quality of materials and tools necessary for the performance of work and their timely supply;
\n
4)supply of electricity, gas and any other kind of energy necessary for the industrial processes;
\n
5)safe and non-hazardous working conditions (compliance with safety regulations and requirements, adequate lighting, heating, ventilation, control of noise, irradiation, vibration and other harmful factors having an adverse effect upon the employees' health, etc.);
\n
6)adequate conditions, following the procedure prescribed by regulatory acts, for the improvement of qualifications and work skills;
\n
7)provision of other conditions necessary for the performance of specific types of work.
\n
Article 192Remuneration for Work in the Event of Non-conformity with the Normal Working Conditions
\n
1.In the event of non-conformity with the normal working conditions, the pay for work under such conditions will be higher than the pay rate applicable under the normal working conditions. Specific pay rates shall be defined in collective agreements and contracts of employment.
\n
2.Classification of working conditions and concentrations and levels of factors hazardous for health shall be regulated by laws and other regulatory acts.
\n
Article 193Remuneration for Overtime and Night Work
\n
Overtime and night work shall be paid for at the rate of at least time and a half of the employee's wage specified in paragraph 2 of Article 186 of the Labour Code.
\n
Article 194Remuneration for Work on Rest Days and Public Holidays
\n
1.Work on a rest day or a public holiday, which has not been provided for in the work schedule, shall be paid for at least at the double rate of the employee's wage specified in paragraph 2 of 186 of the Labour Code or, at the request of the employee, compensated for by granting the employee another rest day during the month or by adding that day to his annual leave and paying his average wage for these days.
\n
2.Work on a public holiday under the work schedule shall be paid for at the rate of at least two times the employee's wage specified in paragraph 2 of Article 186 of the Labour Code.
\n
Article 195Payment for Idle Time
\n
1.The pay for idle time which is not the employee's fault shall be at least at the prescribed minimum hourly rate for each idle hour.
\n
2.Where the work pay of an employee transferred, due to idle time, to another job in accordance with the procedure prescribed by law, decreases for reasons unrelated to him, he shall be paid the average wage he received before the transfer.
\n
3.Where in the event of idle time the employee is not offered another job at the enterprise, according to his profession, speciality and qualifications, in which he could work without causing harm to his health, he shall be paid at least one-third of the average monthly wage that was used before the idle time but not less than the minimum hourly pay approved by the Government for each idle hour.
\n
4.Where the employee refuses in writing the offered job according to his profession, speciality, and qualifications, in which he could work without causing harm to his health, he shall be paid at least 30 percent of the hourly pay established by the Government for each idle hour.
\n
5.For staying at the place of work during idle time at the request of the employer the pay of the employee shall be in the amount specified in paragraph 3 of this Article.
\n
6.A collective agreement or an employment contract may provide for cases of absence from work during idle time.
\n
7.There shall be no pay for idle time through the employee’s fault.
\n
Article 196Payment for Incomplete Working Time
\n
The pay for incomplete working time (an incomplete working day or week) shall be proportionate to the time spent at work or to the work carried out.
\n
Article 197Remuneration for Increased Scope of Work
\n
1.When the employee's scope of work is increased in comparison with the prescribed scope, he shall receive a proportionately higher pay.
\n
2.Specific rates of work pay shall be defined in collective agreements and contracts of employment.
\n
Article 198Remuneration for Work in the Case of Shorter Hours
\n
The terms of work pay for the employees who are working shorter hours shall be determined by the Government.
\n
Article 199Remuneration for Work in the Case of Manufacturing of Defective Products
\n
1.Employees who manufacture products recognised as defective not through their fault shall be paid at the rate payable for the manufacture of good quality products.
\n
2.Employees who manufacture defective products through the fault of the employer or because of the undetected defects of the materials used, also defective products discovered after the acceptance of the product shall be paid at the rate payable for the manufacture of good quality products.
\n
3.Employees who manufacture defective products through their own fault shall be paid at lower rates, taking into account the degree of suitability of the product.
\n
Article 200Work Pay when Output Quotas Have Not Been Met
\n
1.Where the employee fails to meet the output quota not through his fault he shall be paid for the actual amount of work performed. In this case his monthly pay may not be lower than two-thirds of the pay rate/wage set for him and not lower than the minimum monthly wage established by the Government.
\n
2.In the event of failure to meet the output quota through the fault of the employee, he shall be paid for the actual amount of work performed.
\n
Article 201Time Periods, Place and Procedure of Payment of Wage
\n
1.Wage shall be paid at least twice a month or, at an employee’s request in writing - once a month.
\n
2.Specific time periods, the place and procedure of payment of wage shall be specified in collective agreements or contracts of employment.
\n
Article 202Pay Slips
\n
1.All the employees must be given pay slips by the employer.
\n
2.Pay slips shall indicate gross pay, take-home pay and deductions, as well as the duration of the time worked by the employee, specifying the duration of overtime work.
\n
Version of Article before 31 December 2010: *Article 203. Notification of New Remuneration Conditions Where new remuneration conditions are established (paragraph 3 of Article 120 of the Code) the employer must notify his employees thereof in writing not later than one month before their effective date. A collective agreement may set a different period of notice, but it may not be shorter than two weeks.
\n
Version of Article after 1 January 2011:
\n
Article 203Notification of New Remuneration Conditions
\n
Where new remuneration conditions are established (paragraph 3 of Article 120 of this Code) the employer must notify his employees thereof in writing not later than one month before their effective date. *Note: the provisions of collective agreements agreed pursuant to this Law shall be valid until 31 December 2010.
\n
Article 204Average Wage
\n
1.The average wage shall be guaranteed to the employees in cases specified by laws, collective agreements and contracts of employment, and shall be computed following the procedure prescribed by the Government.
\n
2.If the employee, in cases provided by law, is taken off from work for a special assignment, he shall be entitled to a wage or its compensation, not lower than the average wage, by the enterprise, establishment or organisation whose instructions he has to fulfil.
\n
Article 205Protection of the Employees Claims in the Case of the Employer’s Insolvency
\n
1.The employer shall be deemed insolvent when bankruptcy procedure is used in respect of him and in other cases provided by law.
\n
2.In cases of the employer’s insolvency the claims of the employee relating to employment relationships shall be met by the guarantee institution.
\n
Article 206Remuneration for Work when Dismissing the Employee from Work or in the Event of His Death
\n
1.In the event an employee’s dismissal from work, all the amounts of wages due to him shall be paid to him:
\n
Version of subparagraph 1 before 31 December 2010: *1) where the contract of employment is terminated with the employee who works until the day of his dismissal from work – not later than on the day of his dismissal, except for later payments in the cases referred to in paragraph 1 of Article 141 of this Code;
\n
Version of subparagraph 1 after 1 January 2011:
\n
1)where the contract of employment is terminated with the employee who works until the day of his dismissal from work – not later than on the day of his dismissal;
\n
2)where the contract of employment is terminated with the employee who does not work on the day of dismissal due to his incapacity, absenteeism, deprivation of liberty, etc. - within one day after the date when the employee dismissed from work requested to be paid.
\n
2.In the event of the employee’s death, the wages due to him and other amounts shall be paid to the members of the family of the deceased or to the persons who buried him - not later than within three working days after a document certifying his death has been submitted. *Note: the provisions of collective agreements agreed pursuant to this Law shall be valid until 31 December 2010.
\n
Article 207Late Payment of the Wage and Other Payments Relating to Employment Relationships
\n
1.Where the wage or any other payments relating to employment relationships are paid late through the fault of the employer, the employee shall also be paid at the same time the late penalties due to him under law.
\n
2.When bankruptcy proceedings are instituted against the enterprise or where the bankruptcy procedure is used out of court, the calculation of late penalties shall be terminated from the date of instituting bankruptcy proceedings/the decision of the creditors to use the bankruptcy procedure.
\n
Article 208Disclosure of the Wage
\n
1.Information about the employee's wage shall be made available or public only in cases provided by laws or subject to the consent of the employee.
\n
2.At the request of the employee, the employer must issue a certificate about employment at that workplace, by giving particulars about the position of the employee, the length of service, the wage paid to him, the amount of paid taxes and state social insurance contributions, as well as the reason for dismissal from work.
\n
Article 209Privileges and Guarantees to the Employees Who Are Studying
\n
1.Employees who are studying at educational institutions shall be entitled to privileges and guarantees provided by this Code, other laws and regulatory acts. Additional privileges and guarantees may also be provided in collective agreements.
\n
2.The monthly wage of the employees who are studying at educational institutions may not be less than the minimum monthly wage prescribed by the Government.
\n
Article 210Conditions of Pay for Educational Leave
\n
1.The employees specified in Article 181 of this Code, who are studying, taking entrance examinations to colleges and higher educational institutions under study contracts with their enterprise, shall be entitled to a paid educational leave, with the pay at the rate of at least the average wage.
\n
2.The pay for the period of study for the employees who are taking examinations or are studying at their own initiative shall be determined in collective agreements or by agreement of the parties.
\n
Article 211Professional Training of the Employees Notified about their Dismissal
\n
The employees who have been notified about dismissal may be sent to take up training for a profession meeting the needs of the local labour market or to improve their qualifications. The arrangements for their training shall be specified in laws.
\n
Article 212Remuneration after Transfer of the Employee to another Job for Health Reasons
\n
1.If an employee’s health deteriorated due to work at the enterprise (he is unable to do his previous job because of a trauma, occupational disease, other impairment of health) and there is no possibility to transfer him to another job suitable to his health and, if possible, his qualifications because there is no job at the enterprise which the employee could perform in his present condition, he shall be paid a sickness benefit of the amount set by laws until a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour about the employee’s capacity for work is received. Upon determining the level of incapacity for work, the employee shall be paid a health indemnity (under Article 249 of the Code) unless he is covered by social insurance against accidents at work and occupational diseases.
\n
2.Where, under the conditions specified in paragraph 1 of this Article, the employee is transferred to another, lower-paid job, he shall be paid the difference between the previous average wage and the wage received for the work he performs at present until a conclusion of the state social medical examination commission about the employee’s capacity for work is received.
\n
Article 213Payment for Additional and Special Breaks
\n
Additional and special breaks shall be included in the working time and the average wage of the employee shall be paid for them.
\n
Article 214Additional Privileges to Persons Raising Children
\n
Employees raising a disabled child under eighteen years of age or two children under twelve years of age shall be granted an additional rest day per month (or have their weekly working time shortened by two hours), and employees raising three or more children under twelve years of age shall be entitled to two additional rest days per month (or have their weekly working time shortened by four hours accordingly) and paid their average wage.
\n
Article 215Guarantees for Employees who are Sent to Medical Institutions for Health Checks
\n
The employees who must have health checks because of the nature of their work shall be paid by the employer their average wage for the time spent for this purpose.
\n
Article 216Compensations to the Employees Engaged in Mobile Work or Work Involving Travelling
\n
The employees whose work is performed while travelling, out of doors, involves travelling or is mobile in its nature shall be compensated for the higher expenses caused by type of work. The compensatory amounts and the procedure of their payment shall be determined by the Government.
\n
Article 217Pay upon Refusal to Work
\n
Where the employee refuses to work for a justified reason (Article 276 of the Code) he shall be paid his average wage for this period. Where the employee refuses to work without a justified reason he shall not be paid for the time missed and he shall compensate the loss sustained by the employer following the procedure established by law.
\n
Article 218Guarantees for Donors
\n
On the day a donor gives blood or blood components he must be granted a leave of absence. The donor must give a notice about his intended absence from work at least one day before the absence. The administration of enterprises, establishments or organisations must not create obstacles for the employee to go to the blood donors’ centre on the day he is to give blood or blood components.
\n
Article 219Compensation to the Employees for the Wear and Tear of the Their Instruments and Work Clothes
\n
1.An enterprise shall guarantee that the employees be issued, free of charge, the instruments, equipment, special clothes necessary for work and other protective equipment, both individual and collective.
\n
2.When the property specified in paragraph 1 of this Article, belonging to the employees, is used for the needs of the enterprise, the enterprise must defray the amounts for the wear and tear of the property to the employee.
\n
Article 220Guarantees and Compensations in the Case of Posting to Perform Work
\n
1.The employees posted to perform work shall be guaranteed that during the period of the posting they shall retain their job (position) and wage. Moreover, they shall be paid per diem and reimbursed the costs relating to the posting.
\n
2.The amounts of, and the procedure for paying, these payments shall be established by the Government.
\n
3.Persons under eighteen years of age cannot be posted to perform work. Pregnant women, women who have recently given birth and breast-feeding mothers, employees raising a child under three years of age and employees who are alone raising a child under fourteen years of age or a disabled child under eighteen years of age may be posted to perform work only with their consent.
\n
4.Additional guarantees to employees who are temporarily posted to a foreign state and to employees who are temporarily posted to the territory of the Republic of Lithuania by foreign state employers shall be established by a special law of the Republic of Lithuania. The guarantees shall be applied regardless of the law applicable to their employment relationships.
\n
Article 221Guarantees and Compensations when Admitting to Work or Transferring to Work in another Place
\n
1.In all cases where an employee is admitted or transferred to work in another location (with the exception of admission or transfer at his own request), he shall be paid:
\n
1)his own or his family members’ travel expenses;
\n
2)expenses relating to the removal of his property;
\n
3)per diem for the time spent travelling;
\n
4)the wage during the period of preparation for the trip and settlement in the location but not more than for six days, and for the travel time.
\n
2.Collective agreements or contracts of employment may specify payment of other expenses relating to the transfer (in the form of single benefits, etc.).
\n
3.Where an employee is admitted to work or transferred to work in another location at his own request, the benefits payable to him under paragraph 1 of this Article may be specified by the agreement of the parties.
\n
Article 222Paying Back the Compensations Paid
\n
1.Where an employee failed to come to work for a substantial reason or where he refused to commence work or voluntarily terminated a contract of employment without a substantial reason before its extinction established by law, or agreed upon when being admitted or transferred to work, or, where there is no set time period, terminated the contract of employment before the expiry of one year of work, or where he committed acts which, under law, constitute the basis for terminating a contract of employment, he must pay back all the amounts paid to him in respect of his transfer to work in another location.
\n
2.An employee who, without a substantial reason, fails to come to work or who has refused to commence work, must return all the amounts paid to him less all the travel expenses he has had.
\n
Article 223Settling Pecuniary Claims
\n
1.Pecuniary claims of the employees arising from employment relationships, claims for compensation for injury or any other bodily harm, occupational disease or death as a result of an accident at work shall be settled as a matter of priority.
\n
2.The resources of the special fund instituted by the Government may be used, in accordance with the procedure established by law, to settle the claims specified in paragraph 1 of this Article.
\n
Article 224Grounds for Wage Deductions
\n
1.Wage deductions may be made only in cases provided by law.
\n
2.Deductions from the wages of the employers to cover their debt to the enterprise, establishment or organisation where they are employed may be made by an order of the administration:
\n
1)to pay back an advance paid by including it in the wage; to return the amounts paid in excess owing to the computation errors; to cover an advance which had been paid for the purposes of posting or relocation and which was not spent within the set period and not duly paid back, also an advance payment for services; to compensate for the damage caused by the employer to his enterprise through his fault. In theses cases, the administration shall have the right to order making deductions within one month, at the latest, from the date of expiry of the deadline for paying back the advance or the debt, of payment of the amount, the overpayment owing to the computation errors, or when the damage caused by the employee was disclosed, where the amount owed by the employee is not in excess of his one average monthly wage;
\n
2)when dismissing an employee from work before the end of the working year for which he was given his annual leave, to recover from him for the days of the leave for which he had not worked. A deduction for those days shall not be made where the employee is dismissed from work without fault.
\n
3.It shall not be permitted to recover the wage overpaid and computed by applying the wrong law, with the exception of cases of the computation errors.
\n
Article 225Limitation on Wage Deductions
\n
1.The total amount of deductions from the wage not exceeding the minimum monthly wage established by the Government may not exceed 20 percent, and when recovering maintenance in the form of periodic payments, compensation for the damage caused by mutilation or other personal injury, also by the deprivation of the life of a breadwinner, as well as compensation for the damage caused by a criminal act – up to 50 percent of the wage payable to the employee.
\n
2.When making deductions from the wage not exceeding the minimum monthly wage established by the Government under several writs of execution, 50 percent of the wage payable shall be retained for the employee.
\n
3.Unless the court sets a smaller amount of deductions, 70 percent shall be deducted from the share of the wage payable exceeding the minimum monthly wage established by the Government.
\n
Article 226Prohibition to Make Deductions from Severance Pay, Compensations and Some Other Allowances
\n
It shall be prohibited to make deductions from the severance pay, compensations and other allowances from which, under law, no recovery is to be made.
\n
CHAPTER XVI
\n
LABOUR DISCIPLINE
\n
Article 227Ensuring Labour Discipline
\n
1.Discipline at workplace shall be ensured by providing organisational and economic conditions for normal and efficient work and incentives for good work.
\n
2.Disciplinary measures may be applied to the employees who are in breach of labour discipline.
\n
Article 228Employees' Duties
\n
The employees must work diligently and honestly, comply with labour discipline, fulfil the lawful orders of the employer and the administration in due time and accurately, observe the requirements of technological discipline, labour protection and health, and use the employer's property sparingly.
\n
Article 229Employer's Duties
\n
The employer and the administration must provide proper organisation of the employees' work, comply with the requirements of labour laws and other legal acts, regulating safety and health of the employees, and take care of the employees' needs.
\n
Article 230Work Regulations
\n
The procedure of work at the work place shall be defined by work regulations. They shall be approved by the employer, upon agreement with the employees' representatives.
\n
Article 231Special Legal Acts Regulating Labour Discipline
\n
Labour discipline of individual employees in certain sectors and branches of national economy shall be regulated by laws, disciplinary statutes and regulations or other special legal acts.
\n
Article 232Job Description and Regulations
\n
Duties of the employees in certain professions and of certain categories, apart from disciplinary statutes and work regulations, may be also defined in job descriptions and regulations.
\n
Article 233Incentives Offered by the Employer
\n
For conscientious performance of their employment duties, good quality production, long and excellent work as well as for other results of work the employees may be provided incentives by the employer: expression of gratitude, award of a gift, a bonus, a longer leave, priority in offering a training programme etc.
\n
Article 234Breach of Labour Discipline
\n
Breach of labour discipline shall be non-performance or improper performance of labour duties through the employee's fault.
\n
Article 235Gross Breach of Work Duties
\n
1.A gross breach of work duties shall be a breach of labour discipline involving gross violation of the provisions of laws and other regulatory acts which directly regulate the employee's work, or any other gross transgression of work duties or the prescribed work regulations.
\n
2.A gross breach of work duties shall include:
\n
1)improper conduct with visitors or customers or other actions which directly violate constitutional rights of persons;
\n
2)disclosure of state, professional, commercial or technological secrets or communication of them to a rival enterprise;
\n
3)involvement in activities which, pursuant to the provisions of laws, other regulatory acts, work regulations, collective agreements or employment contracts, are incompatible with job functions;
\n
4)abuse of one's position seeking to receive illegal income for oneself or other persons or for any other personal reasons, also self-willed behaviour or bureaucracy;
\n
5)violation of equal rights for women and men or sexual harassment of colleagues, subordinates or customers;
\n
6)refusal to provide information where laws, other regulatory acts or work regulations impose an obligation to do so, or provision of knowingly wrong information in these cases;
\n
7)acts with elements of theft, fraud, misappropriation or embezzlement of property, acceptance of an illegal reward even though the employee did not incur criminal or administrative liability for these acts;
\n
8)where, during the working time, the employee is under the influence of alcohol, narcotic or toxic substances, with the exception of cases where intoxication was caused by the industrial processes at the enterprise;
\n
9)absence from work throughout the day (shift) without valid reasons;
\n
10)refusal to undergo a medical check-up where such check-ups are mandatory;
\n
11)other offences which are in gross breach of work procedure.
\n
Article 236Grounds of Disciplinary Liability
\n
Disciplinary sanctions may be applied only to the employer who has committed a breach of labour discipline. Laws and other legal acts regulating labour discipline may also provide for disciplinary liability for other breaches.
\n
Article 237Disciplinary Sanctions
\n
The following disciplinary sanctions may be imposed for breaches of labour discipline:
\n
1)caution;
\n
2)reprimand;
\n
3)dismissal from work (paragraph 1 of Article 136 of this Code).
\n
2.Other legal acts regulating labour discipline may also provide for other disciplinary sanctions to be applied in respect of certain categories of the employees.
\n
Article 238Selection of a Disciplinary Sanction
\n
When imposing a disciplinary sanction account must be taken of the gravity of the disciplinary breach and its consequences, the degree of the employee's guilt, the circumstances under which the breach occurred, the previous performance at work.
\n
Article 239Prohibition to Impose Several Disciplinary Sanctions for One Breach of Discipline
\n
Only one disciplinary sanction may be imposed for each breach of labour discipline. If the employee continues to breach labour discipline after he was imposed a disciplinary sanction, a disciplinary sanction may be imposed again.
\n
Article 240Procedure of Imposing a Disciplinary Sanction
\n
1.Before imposing a disciplinary sanction the employer must request the employee in writing to provide an explanation in writing about the breach of labour discipline. If, within the period set by the employer or the administration, the employee fails to provide his explanation without a substantial reason, a disciplinary sanction may be imposed without an explanation.
\n
2.In cases provided by law, a disciplinary sanction may be imposed only subject to a prior consent of an appropriate body.
\n
3.A disciplinary sanction shall be imposed by an order/instruction of the employer or the administration and the employee shall be served a notice of it against his signature.
\n
Article 241Time of Imposing a Disciplinary Sanction
\n
1.A disciplinary sanction shall be imposed immediately after a breach of discipline is disclosed but not later than within one month after the date when the breach was disclosed, with the exception of time when the employee was not available at work due to illness, posting or on leave, and where criminal proceedings against him were instituted - not later than within two months from the termination of the criminal proceedings or from the date when the court judgement became effective.
\n
2.A disciplinary sanction may not be imposed after a lapse of six months from the date when the breach was committed. Where a breach of labour discipline was disclosed during an audit or when taking inventory of pecuniary or other assets, a disciplinary sanction may be imposed not later than within two years after the date of the commission of the breach.
\n
Article 242Appeal against a Disciplinary Sanction
\n
1.A disciplinary sanction may be appealed against in a dispute resolution procedure.
\n
2.A body hearing a dispute shall have the right to lift the sanction taking account of the gravity of the disciplinary breach, the circumstances under which it was committed, the employer's previous work and conduct, whether the sanction is in proportion to the gravity of the breach, and if the procedure of imposing the sanction was complied with.
\n
Article 243Term of a Disciplinary Sanction
\n
Where, during one year after the date when a disciplinary sanction was imposed, no new sanction was imposed upon the employee, it shall be regarded that the employee has had no sanctions.
\n
Article 244Lifting of a Disciplinary Sanction
\n
Where the employee keeps working diligently and conscientiously, the sanction imposed on him may be lifted before the term of the sanction expires.
\n
CHAPTER XVII
\n
LIABILITY
\n
Article 245Grounds for Incurring Liability
\n
Liability shall be incurred due to a violation of law during which one party to an employment relationship causes damage to another party through non-performance of work duties or by performing them unsatisfactorily.
\n
Article 246Conditions of Incurring Liability
\n
1.Liability shall be incurred when all the following conditions are present:
\n
1)damage has been caused;
\n
2)damage has been caused through illegal activity;
\n
3)there is a causal relationship between an illegal activity and damage;
\n
4)the offender is guilty;
\n
5)the offender and the victim were in an employment relationship during the violation of law;
\n
6)the resulting damage relates to work activities.
\n
Article 247Taking into Account the Victim’s Fault
\n
Where damage was caused through fault of the victim (in cases of injury or death, through gross negligence of the victim/deceased person), compensation of damage shall be reduced taking into account the degree of guilt or a claim for compensation shall be declined.
\n
Article 248Cases of Employer's Liability
\n
The employer's liability shall be incurred where:
\n
1)an employee is injured or dies or contracts an occupational disease unless he was covered by social insurance against accidents at work and occupational diseases (Article 249 of the Code);
\n
2)damage is caused by damage to, destruction or loss of the employee's property (Article 249 of the Code);
\n
3)property interests of the employee and other persons are violated (Article 249 of the Code);
\n
4)an employee sustains non-property damage.
\n
Article 249Compensation of Damage Caused as a Result of Injury to, Death of an Employee, Violation of property Interests of the Employee or Other Persons
\n
The employer, pursuant to the requirements of the Civil Code, must compensate for damage due to injury or any other health impairment of an employee, or, in the event of his death or because of an occupational disease he contracted unless he was covered by social insurance against accidents at work and occupational diseases, also due to damage to, destruction or loss of the property of the employee or violation of his property interests or property interests of other persons.
\n
Article 250Compensation of Damage Other than Property Damage
\n
Parties to a contract of employment must compensate damage other than property damage caused to each other. The amount of damage, in every case, shall be determined by court, in accordance with the Civil Code.
\n
Article 251Compensation of Damage after Restructuring of an Enterprise, Establishment or Organisation
\n
In the event of restructuring of an enterprise, establishment or organisation (the employer) which is under an obligation to compensate damage to the victim, the claim for compensation of damage shall pass to the successor of the rights of this enterprise, establishment or organisation.
\n
Article 252Compensation of Damage after Liquidation of an Enterprise
\n
1.After the liquidation of a state or municipal enterprise, establishment or organisation, the obligation to compensate damage shall pass to the State or the municipality.
\n
2.Where an enterprise, establishment or organisation is liquidated without compensating damage caused to the victims as a result of an accident at work or an occupational disease, the amounts of compensation of damage shall be accumulated and recovered following the procedure laid down in the Civil Code.
\n
Article 253Cases of Employees' Liability
\n
1.An employee must compensate damage arising due to:
\n
1)loss of property or reduction of its value, its damage/break down;
\n
2)misuse of materials;
\n
3)fines and compensation benefits which the employer had to pay through the employee’s fault;
\n
4)expenses resulting from damaged articles;
\n
5)improper storage of fixed assets;
\n
6)improper accounting of material and pecuniary assets;
\n
7)failure to prevent production of defective products and theft of fixed or pecuniary assets;
\n
8)any other violations of work rules, job or any other instructions.
\n
Article 254Limits of Employees' Liability
\n
An employee must compensate all damage caused but not in excess of the amount of his three average monthly wages, with the exception of cases specified in Article 255 of this Code.
\n
Article 255Cases where Employees Must Compensate all Damage
\n
An employee must compensate all damage in the following cases:
\n
1)damage was caused deliberately;
\n
2)damage resulting from a criminal act of the employee determined according toe the procedure laid down in the Criminal Code;
\n
3)damage caused by an employee with whom a contract of full liability has been concluded;
\n
4)damage resulting from the loss of instruments, clothes, protective equipment issued to the employee for use at work, also from the loss of materials, sub-products or products in the course of the production;
\n
5)damage caused in any other way or to any other property full liability for which is provided in special laws;
\n
6)damage caused by an employee under the influence of alcohol or narcotic or toxic substances;
\n
7)where this is provided for in a collective agreement.
\n
Article 256Contract of Full Material Liability
\n
Version of paragraph 1 before 31 December 2010: *1. A contract of full material liability may be concluded with employees whose work is directly related to safe-keeping, acceptance, release, sale, purchase and transportation of material assets and in respect of the personal protective equipment issued to an employee for use at work. A list of specific jobs and duties shall be provided for in a collective agreement or, in the absence of a collective agreement, in work regulations, upon agreement with the employees' representatives. This contract shall be executed in writing. It must specify the material assets for which the employee shall assume full material liability and the obligations which shall be undertaken by the employer to ensure conditions preventing damage.
\n
Version of paragraph 1 after 1 January 2011:
\n
1.A contract of full material liability may be concluded with employees whose work is directly related to safe-keeping, acceptance, release, sale, purchase and transportation of material assets and in respect of the personal protective equipment issued to an employee for use at work. A list of specific jobs and duties shall be provided for in a collective agreement. This contract shall be executed in writing. It must specify the material assets for which the employee shall assume full material liability and the obligations which shall be undertaken by the employer to ensure conditions preventing damage.
\n
2.Where, owing to the character of work which is performed together, delimitation of liability of individual employees is not possible, a contract of full material liability may be concluded with a group of employees. In this case damage shall be compensated by all the employees who have signed the contract. The share of each employee's liability shall be determined in proportion to the working time during which the damage was inflicted, unless the contract provides otherwise.
\n
3.Contracts of full material liability may not be concluded with employees who are under eighteen years of age. *Note: the provisions of collective agreements agreed pursuant to this Law shall be valid until 31 December 2010.
\n
Article 257Determination of the Amount of Damage to be Compensated
\n
1.The amount of the damage to be compensated shall comprise direct losses and the income which has not been received 2. Where damage is deliberate full damage must be compensated for.
\n
3.Damage shall be computed taking into account the value of property less depreciation and natural reduction of property and the expenses/direct losses sustained.
\n
4.The amount of damage to be compensated shall be in the amount which the employer acquired by the right of recourse due to the compensation of damage caused by an employee.
\n
5.A body for the resolution of labour disputes may reduce the amount of the compensation of damage taking account of the circumstances which had an effect on the creation of liability, the property status of the respondent, with the exception of cases where damage was caused deliberately. Where compensation of damage an employee is to pay is reduced for him on the grounds of his property status, this may not serve as a reason for increasing the compensation the other parties to a group liability have to pay.
\n
Article 258Recovery of Damage Caused by an Employee
\n
1.Damage caused by an employee and not compensated for of his own free will in kind or cash and which is not in excess of his average monthly wage may be deducted from the employee's wage by a written order of the employer.
\n
2.An employer's order to recover the damage may be made within one month from the date of disclosure of damage at the latest.
\n
3.Where an employee contests the employer's order he shall have the right of appeal to a dispute resolution body. The appeal to a dispute resolution body shall suspend the recovery.
\n
Chapter XviII Safety and Health of employees at work
\n
Article 259Safety and Health at Work
\n
Safety and health at work shall mean all preventive measures intended for the preservation of the functional capacity, health and life of employees at work, which are applied or planned in all stages of the operations of an enterprise in order to protect employees from, or to minimise occupational risks.
\n
Article 260Right of Employees to Work in Safety
\n
1.Every employee must be provided with proper and safe working conditions posing no threat to health as set in the Law on Safety and Health at Work.
\n
2.It is the responsibility of an employer to ensure safety and health at work. Taking into account the size of an enterprise and risks to employees, an employer shall establish in his enterprise or hire a certified occupational safety and health service, or shall perform these functions himself.
\n
Article 261Design of Workstations
\n
1.The workstation and working environment of every employee must be safe, comfortable and non-harmful to health, as well as designed according to the requirements laid down in regulatory acts on safety and health at work.
\n
2.Newly constructed and reconstructed enterprises and their divisions shall be commissioned in accordance with the procedure established by the Government.
\n
Article 262Work Equipment
\n
1.It shall be permitted to use only the work equipment, which is in good working order and satisfies the requirements established in regulatory acts on safety and health at work.
\n
2.The minimum safety and health requirements for work equipment shall be laid down in relevant regulatory acts on safety and health at work.
\n
3.Obligatory safety and health requirements for the production of particular work equipment or their groups, as well as for procedures of the conformity assessment thereof shall be established by technical regulations or other regulatory acts on safety and health at work.
\n
4.Requirements for the safe use of specific work equipment shall be provided by the manufacture in the documentation, which must accompany work equipment.
\n
5.The compulsory continuous maintenance of potentially dangerous equipment shall be carried out by its owners.
\n
Article 263Protection from Exposure to Dangerous Chemical Substances
\n
1.In enterprises whose technological processes involve the use, production, transportation or storage of chemical substances dangerous to human health, employers shall establish and implement measures for safeguarding the health of employees and ensuring the protection of the environment.
\n
2.The packaging of dangerous chemical substances must bear marks of dangerous chemical substances warning of their harmfulness or danger.
\n
3.Employees must be trained and instructed to work safely with specific dangerous chemical substances. Workstations must be supplied with collective protective equipment, as well as special systems for monitoring the quantities of these substances in the working environment and for warning employees of danger. Employees must be provided with personal protective equipment.
\n
Article 264Organisation and Performance of Safe Work
\n
1.Work must be organised in compliance with the requirements laid down in regulatory acts on safety and health at work.
\n
2.On the basis of the principles of ensuring safety and health at work, regulatory acts on safety and health at work, technical documentation of technological processes and work equipment, an employer shall:
\n
1)assess potential risks to the safety and health of employees;
\n
2)fill the Occupational Safety and Health Status Card in the Enterprise. It shall indicate workstations, work equipment, working and rest time which are in compliance with the requirements laid down in regulatory acts on safety and health at work, as well as measures for improving safety and health at work where the level of occupational safety and health does not satisfy the requirements;
\n
3)pursuant to the Regulations of the Occupational Safety and Health Services in Enterprises, establish the procedure for monitoring compliance with occupational safety and health requirements in the enterprise by approving the regulations of the occupational safety and health service in the enterprise or job instructions of occupational safety specialists in the enterprise, by giving instructions to the heads of divisions to implement occupational safety and health measures and to monitor compliance with occupational safety and health requirements;
\n
4)prepare local regulatory acts on occupational safety and health (occupational safety and health instructions, rules for the safe performance of works and other necessary local regulatory acts).
\n
3.The local regulatory acts on occupational safety and health, regulatory acts on safety and health at work approved by an order, ordinance or other act of the employer shall be binding. Employees shall be introduced to them against signature.
\n
4.Failure to comply with the requirements laid down in regulatory acts on safety and health at work, rules for the organisation and performance of works and instructions shall constitute a breach of labour discipline.
\n
Article 265Compulsory Health Examinations
\n
1.Employees under eighteen years of age must undergo a medical examination upon employment and annually thereafter until they reach eighteen years of age.
\n
2.Employees who are likely to be exposed to occupational risk factors must undergo a pre-entry medical examination and periodic medical examinations in the course of employment, according to the medical examination schedule for employees approved in the enterprise. Employees who are exposed to occupational hazards at work and who use dangerous carcinogenic substances in the course of their work shall undergo a medical examination upon employment; and periodic medical examinations in the course of employment and upon changing their work or workplace.
\n
3.For the purpose of protecting the health of the population, employees of enterprises of the food industry, public catering and trading enterprises, waterworks, medical and preventive care institutions and children institutions, as well as of some other enterprises, establishments and organisations must undergo medical examination (medical check-ups).
\n
4.Employees working at night and shift workers must undergo a pre-entry medical examination and periodic medical examinations in the course of employment according to the medical examination schedule for employees approved in an enterprise, establishment or organisation.
\n
5.An employer shall approve the list of employees who must undergo medical examination and the medical examination schedule agreed with the health care institution; he shall introduce employees thereto against signature.
\n
6.Compulsory medical examinations shall take place during working time. Health care institutions shall be paid for compulsory medical examinations of persons being employed and employees in accordance with the procedure established by the Government. The employer shall pay employees their average wage for the working time spent undergoing medical examination.
\n
7.An employee, who has refused to undergo a medical examination in due time, shall be suspended from work without paying him any wage. Such a refusal shall be treated as gross breach of duties.
\n
8.The list of professions and activities where employees must undergo medical examination upon employment and periodic medical examinations in the course of employment, as well as the procedure of medical examination shall be established by the Government.
\n
Article 266Suspension of Works
\n
1.Works shall be suspended in accordance with the procedure established by regulatory acts:
\n
1)if an employee (employees) has not been trained in safe work;
\n
2)in the event of a breakdown of work equipment or an accident hazard;
\n
3)if work is performed in violation of the established technical regulations;
\n
4)if work is performed without the necessary collective protective equipment or if employees are not provided with the necessary collective and/or personal protective equipment;
\n
5)in other cases when the working environment is harmful and/or dangerous to heath or life.
\n
2.In the event of danger in the enterprise or its division, the employer must:
\n
1)immediately inform all the employees and those employees, who are likely to be exposed to danger, about the imminent danger, as well as inform them of the measures which will be taken to ensure the protection of the safety and life of the employees and of actions to be taken by the employees themselves;
\n
2)take measures to suspend works and to issue orders for the employees to leave working premises and move to a safe location;
\n
3)organise the provision of first aid to the injured, as well as the evacuation of the employees;
\n
4)immediately notify relevant internal and external emergency services (civil safety, fire fighting, health care, police) of the danger and the employees injured;
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5)until the arrival of specialised services, start eliminating the danger with the help of the specially trained employees, employees of the occupational safety and health service of the enterprise, as well as employees’ representatives.
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3.In the cases specified in paragraph 1 of this Article when the employer or his authorised person fails to take measures to protect employees from possible danger, works shall be suspended according to the following procedure:
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1)the right to request the suspension of works shall lie with the occupational safety and health committee of an enterprise, and employees’ representatives;
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2)if the employer or his authorised person refuses to act on the request of the occupational safety and health committee of the enterprise or employees’ representatives, the committee or employees’ representatives shall inform the State Labour Inspectorate thereof;
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3)a state labour inspector may, upon the evaluation of the occupational safety and health situation, adopt a decision to instruct the employer to suspend works;
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4)if the employer or head of the division refuse to comply with the request of labour inspectors, the latter shall have the right to apply to police for assistance in order to enforce the request to suspend works and to evacuate employees from dangerous workstations or areas.
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4.If possible, employees must immediately inform the employer or head of the division of any work equipment broken down or imminent accident hazard.
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5.Every enterprise, establishment, organisation and their divisions must have evacuation plans of employees.
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6.Enterprises, which produce, use and store dangerous substances, must have possible accident prevention and containment plans. The list of such enterprises shall be approved in accordance with the procedure established by the Government.
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7.Evacuation plans of employees shall be placed on information boards of an enterprise and its divisions in visible places. Evacuation plans, as well as accident prevention and containment plans must be well known to the employees of the occupational safety and health committee of the enterprise and employees’ representatives.
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8.For the period when works are suspended in the cases specified in paragraph 1 of this Article the employer shall pay employees their average wage.
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9.Works must also be suspended when natural environmental conditions prevent from performing work in safety. In the event of danger, in order to prevent accidents at work the employer shall, pursuant to laws, have the right to transfer employees to another work not agreed in their employment contracts in the same enterprise or in another enterprise but in the same location. It shall be prohibited to transfer an employee to such work, which is not permitted due to his health status. If any work at other workplaces is unavailable where employees could work in safety, idle time shall be announced in accordance with the procedure established by laws. Upon the suspension of work in the event of danger due to natural conditions, employees shall be paid as for idle time.
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Article 267Ancillary Facilities of an Enterprise
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1.In accordance with the procedure established by regulatory acts on safety and health at work, appropriate rest areas, changing rooms, locker rooms for clothes, footwear, and personal protective equipment, sanitary and personal hygiene premises with washbasins, showers, lavatories shall be installed in enterprises.
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2.Sanitary and personal hygiene premises of enterprises where dangerous substances are used shall be designed in accordance with specific requirements for the design of such premises. The requirements for the design of such sanitary and personal hygiene premises must be established in regulatory acts on safety and health at work taking into account the nature of activities, materials used, and the number of employees.
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3.Medical stations, catering facilities in an enterprise shall be designed in accordance with the requirements for such facilities and taking into account the number of employees.
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4.Requirements for ancillary facilities shall be established by the Government.
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268.Qualification Testing of Employers and their Representatives 1. The knowledge of every employer or his authorised person in occupational safety and health shall be obligatorily tested upon prior to the commencement of operations of the enterprise or provision of services and at least every five years thereafter in accordance with the procedure established by the Government.
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2.The list of employers who are exempt from the testing of knowledge in occupational safety and health shall be approved by the Government.
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Article 269Participation of Employees in Implementing Occupational Safety and Health Measures
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1.The employer must inform and consult employees about all the issues related to the analysis, planning of occupational safety and health situation, the organisation and control of appropriate measures. The employer shall provide conditions for employees and their representatives to take part in discussions concerning occupational safety and health matters. To this end, occupational safety and health committees shall be established in an enterprise or representatives of employees shall be elected. They shall act in accordance with the general regulations of occupational safety and health committees in enterprises approved by the Occupational Safety and Health Commission. Regulations of the occupational safety and health committee in an enterprise shall be approved by the employer in agreement with representatives of the enterprise’s employees (Article 19 of the Code).
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2.Members of the committee (proxies) and employees’ representatives performing the tasks assigned to them shall be paid their average wage.
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Article 270Training, Instruction and Qualification Testing of Employees in Occupational Safety and Health Matters
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1.The employer may not demand that an employee should begin work in the enterprise if the employee has not been trained and/or instructed to work in safety.
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2.The employers shall ensure that the employee placed in the enterprise from any other enterprise should not commence work until he is informed of the existing and potential risk factors in the enterprise and instructed to work in safety at a specific workstation, without regard being given to the fact that he was instructed and trained in safe work in accordance with the established procedure in the enterprise where he has his permanent job.
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Article 271Providing Employees with Protective Equipment
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1.Pursuant to regulatory acts on safety and health at work and upon the assessment of safety and health situation in the undertaking, the employer shall install collective protective equipment and provide the employees with personal protective equipment free of charge.
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2.When collective protective equipment is not sufficient to protect the employees against risk factors, the employees must be provided with personal protective equipment. Personal protective equipment must be adapted to work and comfortable to use, and should not pose any additional risks to the safety of the employees. Requirements for the design, production and conformity assessment of personal protective equipment shall be established by regulatory acts on safety and health at work.
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Article 272Organisation of Health Care Services
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1.The employer must ensure employees first aid, i.e. call an ambulance in the event of accidents or outbreak of acute diseases at work.
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2.The employer or head of the division shall organise the transportation of the employees, who have fallen ill at the workstation or suffered an injury, to a health care institution when their condition does not require calling an ambulance.
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3.The employer shall, in accordance with the procedure established in the collective agreement, provide conditions for rendering other health care services.
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Article 273Duty of the Employer to Transfer the Employee to Another Job for Medical Reasons
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1.The employee, who according to a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour or a health care institution about his status of health may not perform the agreed work (hold position) as it poses danger to his health or his work may be dangerous to others, must be transferred, with his consent, to another job suitable to his health and, if possible, his qualification.
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2.If the employee does not agree to be transferred to the proposed job or in the absence of a job in the enterprise to which he could be transferred, the employer shall dismiss the employee in accordance with the procedure established by this Code, except for the case specified in Article 212 of the Code.
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Article 274Duties of Employees
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1.Employees must comply with the requirements laid down in regulatory acts on safety and health at work and take care of the safety and health of other employees to the largest possible extent.
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2.General duties of employees in ensuring the safety and health of employees shall be established in work regulations. Specific duties of employees in safeguarding their own health and life and those of other employees shall be established in occupational safety and health instructions, job descriptions and regulations. They must specify the existing and potential risk factors to the safety and health of employees, as well as requirements for the safe use of work equipment.
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Article 275Rights of Employees
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Employees shall have the right to:
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1)demand that the employer should ensure safety and health at work, install collective protective equipment, provide with personal protective equipment;
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2)receive information from the head of the division or the employer about hazardous and/or dangerous factors in their working environment;
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3)have access to the results of the initial and periodic medical examinations; in case of disagreement with the examination results, undergo a repeat medical check-up;
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4)authorise representative (representatives) of employees to negotiate or enter into negotiations himself with the employer about improvements in occupational safety and health;
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5)refuse to work in the event of danger to the safety and health of employees, as well as to perform work for the safe performance whereof an employee has not been trained, or when collective protective equipment is not installed or necessary personal protective equipment is not provided;
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6)claim, in accordance with the procedure established by laws, compensation for the damage to health caused by unsafe working conditions;
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7)address a representative of employees, the head of the division, the employer, the occupational safety and health service, the occupational safety and health committee of the enterprise, the State Labour Inspectorate or other state institution on safety and health issues.
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Article 276Refusal to Work by an Employee
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1.In the cases specified in paragraph 5 of Article 275 of this Code an employee shall cease his work and immediately notify the employer in writing of the reason for his refusal to work.
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2.If the employer disagrees with the motives presented by the employee concerning failure to ensure safety and health at work, disputes related to the employee’s refusal to work shall be settled in accordance with the procedure established by laws.
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3.For the period during which the employee refused to work on justified grounds, the employee shall be paid his average wage.
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4.An unjustified refusal to work shall constitute a breach of labour discipline and the employee shall not be paid for that period.
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Article 277Work of Persons under Eighteen Years of Age
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1.Employment of persons who are under eighteen years of age shall be prohibited for:
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1)work which is beyond their physical and psychological capacity;
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2)work involving exposure to agents which are toxic, carcinogenic, cause genetic mutation or are harmful to health;
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3)work involving possible exposure to ionising radiation or other hazardous and (or) harmful agents;
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4)work involving a higher risk of accidents or occupational diseases and work which young person might not be able to perform safely due to lack of experience or attention to safety.
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2.The procedure of recruitment of young persons, their health surveillance and assessment of their capacity to perform specific work, working time, the list of works prohibited for them and that of dangerous, hazardous factors shall be approved by the Government.
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3.The Government shall establish the conditions and procedure of vocational training of persons under eighteen years of age.
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4.Persons under eighteen years of age may not be employed in more than one workplace at the same time if the duration of work exceeds that specified in the Law on Labour Protection.