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 check-ups;
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6)a study programme, qualification improvement in a workplace or training centres;
\n
7)the time of suspension from work, if a employee who is suspended must comply with the order established in his workplace;
\n
8)the period of inactivity;
\n
9)other periods of time set by laws and regulations.
\n
2.Working time shall not include:
\n
1)absence from work;
\n
2)non-arrival at the workstation with permission of the administration;
\n
3)performance state, public or citizen's duties, military service or military training;
\n
4)the period of incapacity for work;
\n
5)breaks to rest and to eat, daily rest (inter-shift), weekly rest, public holidays, annual vacation;
\n
6)other periods of time set by laws and regulations.
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Article 144Working Time
\n
1.Working time may not exceed 40 hours per week.
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2.A daily period of work must not exceed 8 working hours. Exceptions may be established by laws, Government resolutions and collective agreements.
\n
3.Maximum working time , including overtime, must not exceed 48 hours per 7 working days.
\n
4.The duration of working time of specific categories of employees (of health care, care (custody), child care institutions, specialised communications services and specialised accident containment services, as well as other services which work in etc.) as well as of watchmen in premises may be up to 24 hours per day. The 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.
\n
5.For employees employed in more than one undertaking or in one undertaking but under two or more employment contracts, the working day (including breaks to rest and to eat) may not be longer than 12 hours.
\n
Article 145Shorter Working Time
\n
1.Shorter working time shall be set for:
\n
1.Shorter working time shall be set for:
\n
1.Shorter working time shall be set for:
\n
1)persons under 18 years of age - in accordance with the provisions of the Law on Safety and Health at Work;
\n
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 investigation of the working environment on the basis of criteria and procedure approved by the Government for setting the duration of shorter working time according to the factors of working environment;
\n
3)employees working at night.
\n
2.Shorter working time for employees performing work involving heavy mental, emotional strain shall be established by the Government.
\n
Article 146Part-time Work
\n
1.Part daily working time or part weekly working time shall be set:
\n
1)by agreement between the employee and the employer;
\n
2)by request of the employee due to his/her health status in accordance with conclusions of health care institution;
\n
3)on request of a pregnant woman, a woman who has recently given birth (mother who submits to the employer a certificate of a health care institution confirming that she has given birth, and who raises a child until it reaches one year of age, hereinafter referred to in the Code as a woman who has recently given birth), a woman who breast-feeds (mother who submits to the employer a certificate of a health care institution confirming that she raises and breast-feeds her child, hereinafter referred to in the Code as a woman who breast-feeds), an employee raising a child until it reaches three years of age, as well as an employee who alone raises a child until it reaches fourteen years of age or a disabled child until it reaches eighteen years of age;
\n
4)on request of an employee under eighteen years of age;
\n
5)on request of a disabled person according to the conclusions issued by the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour;
\n
6)on request of an employee nursing a sick member of his family, according to the conclusions of a health care institution.
\n
2.Unless otherwise provided for in the conclusions of a health care institution, part-time work may be by agreement established by decreasing the number of working days per week or shortening a working day (shift), or doing both. Not all working time during a working day may be divided into parts. Other conditions related to the procedure of establishing part-time work and duration thereof shall be set by the Government. The conditions set by the Government may be not applied where this is agreed on in the collective agreement.
\n
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 labour rights of the employee. Employees shall receive payment in proportion to the time of work or by result.
\n
Article 147Work Time Regime
\n
1.Division (change) of work and leisure time for each employee during 24 hours, in a week or during an accounting period, beginning and end of a daily work (shift) shall be set under the internal rules of an enterprise, establishment, organisation. The work (shift) schedule shall be approved by the administration upon co-ordination 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.
\n
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 for employees of the enterprises in which a five-day working week is impossible due to the type of production.
\n
3.Employees must keep to working time (shift) schedules. Working time schedules shall be announced publicly in information boards of enterprises and their subdivisions not later than two weeks in advance. The employer must ensure consistent change of shifts.
\n
4.It shall be prohibited to assign one employee two shifts in succession.
\n
5.Wherever possible, employees raising children under fourteen years of age shall have the prior right to choose a shift.
\n
6.Working time actually worked by employees shall be recorded in model time logs approved by the Government. The employees who, according to the working functions performed, manage their working time at their own discretion, shall have the rules for accounting their working time established by the employer upon agreement thereof with the employee representatives. The list of such positions shall be laid down in the collective agreements, work regulations.
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Article 148Specific Features of Work and Rest in the Sectors of Economic Activities
\n
Time to work and to rest 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 seasonality nature of work and other conditions, vary from the norms established by this Code. Specific features of the time to work and to rest in the sectors of such activities shall be established by the Government.
\n
Article 149Summary Recording of Working Time
\n
1.In continuously working enterprises, establishments and organisations, also in individual workshops and sections, in jobs where the working day (shift) is organised in sessions and in some jobs where, due to technological processes it is impossible to observe the duration of a working day or working week set for a specific category of workers, summary recording of the working time may be introduced, having regard to the opinion of representatives of the employees (Article 19 of the Code) or in other cases established in collective agreement summary recording of working time may be introduced, however, the duration of work during the reporting period must not exceed the number of working hours set for a particular category of employees. In the case of summary recording of the working time, the average maximum working time in a week period must not exceed 48 hours and 12 hours per working day (shift). The duration of a reporting period may not exceed four months.
\n
2.In the case of summary recording of the working time, continuous duration of daily and weekly 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 the summary recording of the working time, 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 internal rules, or they shall be paid the amount equal to the amount paid for overtime work.
\n
3.The jobs, the work conditions in the presence of which summary recording of the working time may be introduced, the procedure of the introduction of summary recording of the working time in enterprises, establishments, organisations shall be established by the Government.
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Article 150Limitation of Overtime Work
\n
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 the present Code.
\n
2.Generally overtime works are prohibited. An employer may apply overtime works only in exceptional cases, which are specified in Article 151 of the present Code.
\n
3.Overtime work can not be assigned: to persons under 18 years of age; to persons who are studying in secondary 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 collective agreement.
\n
4.Pregnant women, women who have recently given birth, women who breastfeed, 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 overtime work provided that this is not forbidden by the conclusions of the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour.
\n
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, rules of internal discipline.
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Article 151Exceptional Cases of Permitted Overtime Work
\n
Overtime work shall be permitted in the following exceptional cases:
\n
1)when the work to be performed is necessary for national defence and for preventing accidents or dangers;
\n
2)when the work to be performed is necessary for the public, containment of accident, natural disasters, etc. );
\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 an interruption of work may result in deterioration of production materials or breakdown of work equipment;
\n
4)when the work to be performed is related to repair and renovation of mechanisms and equipment, if the majority of workers should interrupt their work due to the breakdown of the said mechanisms and equipment;
\n
5)when the work is performed in the place of another shift worker who has failed to arrive at the workstation, if working process may be impeded because of this; in such cases the administration must replace the worker who is working the second consecutive shift by another worker not later than in the middle of the shift);
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6)for the performance of the work to be performed is related to loading and unloading and other related transportation work, when it is necessary to vacate warehouses of transport enterprises, as well as for the performance of the work related to loading and unloading of means of transportation in order to avoid the accumulation of freight in dispatch and designation points and idle vehicle time;
\n
7)when this is provided for in the collective agreement.
\n
Article 152Maximum Overtime Work
\n
1.The employee’s overtime works shall not exceed for each employee 4 hours in two consequent days and 120 hours per year. A different annual duration may be established in the collective agreement for overtime works, however, not exceeding 180 hours per year 2. The employer must record a precise accounting of overtime works in working time logs.
\n
Article 153Working Time during Public Holidays and Eves of Rest Days
\n
1.In the eve of holidays (Article 165) work time shall be shortened by one hour with exception of employees engaged in part daytime work.
\n
2.In case of six work days week, work before a holiday shall not last longer than for 5 years.
\n
Article 154Work at Night
\n
1.Night time is calendar time from 10 p.m. to 6 a.m.
\n
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.
\n
3.Working at night shall be prohibited for persons under 18 years of age, as well as for persons who are not allowed to work at night according to the conclusions of health care institution.
\n
4.The persons under eighteen years of age may not be assigned to be on on-call duty at the enterprise or at home. Pregnant women, women who have recently given birth, women who breastfeed, 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, persons nursing a disabled person, the disabled, if not prohibited under the conclusion of the Disability and Capacity for Work Establishment 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
5.Duration of the work at night shall not shortened in case of continued production, as well as in cases when under employment contract an employee has been hired to perform work at night.
\n
6.Employees working at night shall receive free health surveillance in accordance with the procedure laid down by the Government, also on their request (if they have complaints related to the 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 the conclusion of a health care institution, transfer the employee to do day work only.
\n
Article 155On-call Duty at the Enterprise or at Home
\n
1.In extraordinary 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.
\n
2.The duration of being assigned to on-call duty at the enterprise together with the duration of the 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 being assigned to on-call duty at the enterprise on rest days and public holidays, as well as at home may not exceed 8 hours a day. The duration of being assigned to on-call duty at the enterprise shall be counted as working time, and the duration of being assigned to on-call duty at home shall be counted as at least a half of working time in the enterprise.
\n
3.For the time of being assigned to on-call duty at the enterprise, when the standard duration of the 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 for being assigned to on-call duty at home the employee shall, during next month, be given time to rest equal in duration to the time of being assigned to on-call duty at the enterprise or at home counted as working time, or upon the employee’s request, the said time may be added to employee's annual leave or paid for as if it were overtime work.
\n
4.Persons under 18 years of age may not be assigned to on-call duty at the undertaking 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 restricted by a commission stating the disability, may be assigned to on-call duty at the undertaking or at home only upon their consent.
\n
CHAPTER XIV
\n
REST PERIOD
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Article 156Definition of Rest Period
\n
Rest period shall be the time free from work, regulated by law, a collective agreement or a contract of employment.
\n
Article 157Categories of Rest Period
\n
Rest period shall be:
\n
1)a break to rest and to eat;
\n
2)additional special breaks for rest during a working day/shift;
\n
3)uninterrupted rest for 24 hours in between working days/shifts;
\n
4)uninterrupted rest for a week;
\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 work place. This break shall not be included in the working time.
\n
3.In a six-working day 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 the 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 attaching to a break to rest and to eat shall be set by the internal work rules, the work schedule, a collective agreement and a contract of employment.
\n
Article 159Additional and Special Breaks
\n
1.Employees shall be entitled, taking due account of the work conditions, to additional breaks to rest.
\n
2.Employees under 18 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 hard physical work involving severe mental strain 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 internal work rules.
\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 16 years of age must be at least 14 hours, and to persons from 16 to 18 years of age - at least 12 hours and must fall in the time from 22.0 h to 6.0 h.
\n
Article 161Uninterrupted Weekly Rest
\n
1.Sunday shall be a general rest day and where there are five working days in a 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 grounds or involving the need for continuity of services to be provided to the population as well as at other enterprises of uninterrupted production rest days shall be provided on other week days in succession to each group of the employees in accordance with the work/shift schedules which shall be drawn up and approved following the procedure prescribed by Articled 147 of this Code.
\n
4.Where the aggregate working time is calculated, employees shall be provided rest days in accordance with work/shift schedules.
\n
5.An uninterrupted weekly 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 to be provided must be consecutive.
\n
6.It shall be prohibited to assign work on rest days, with the exception of work which cannot be interrupted on technical grounds (enterprises and organisations of uninterrupted operation), work involving the need to provide services to the population as well as work involving urgent repair and loading. Pregnant women, women who have recently given birth to a child, breast-feeding women, the employees raising, as single parents, a child before he has reached the age of three, and employees raising a child before he has reached the age of fourteen or a disabled child before he has reached the age of sixteen, and persons under eighteen may be assigned work on rest days only subject to their consent.
\n
7.Persons under eighteen years of age must be provided at least two rest days per week.
\n
8.Organising the employees’ rest time to match their holidays, the rest days at the undertakings, establishments and organisations financed from the state and municipality budgets may be transferred by the Government resolution which may be of an advisory character to other undertakings, establishments and organisations. The working time may not be extended due to the transfer of the rest days.
\n
Article 162Holidays
\n
1.There shall be no work at enterprises, offices and organisations on the following holidays:
\n
1)January 1 - New Year's Day;
\n
2)February 16 - Day of Re-establishment of the State of Lithuania;
\n
3)March 11 - Day of Re-establishment of Lithuania's Independence;
\n
4)(Western Church) Easter and Easter Monday;
\n
5)May 1 - the International Labour Day;
\n
6)first Sunday in May - Mother's Day;
\n
7)June 24 – Rasos and St John’s Day;
\n
8)July 6 - Day of the State (Coronation of King Mindaugas)
\n
9)August 15 - Assumption Day;
\n
10)November 1 - All Saints’ Day;
\n
11)December 25 and 26 - Christmas days.
\n
2.It shall be prohibited to work during holidays, with the exception of work which cannot be interrupted on technical grounds (enterprises and organisations of uninterrupted operation), work involving the need to provide services to the population as well as work involving urgent repair and loading. Pregnant women, women who have recently given birth to a child, breast-feeding women, the employees raising, as single parents, a child under three years of age and employees raising a child before he has reached the age of fourteen or a disabled child before he has reached the age of eighteen, and persons under eighteen may be assigned work during holidays only subject to their consent.
\n
Article 162(1). Rest Days Coinciding with Holidays Rest days granted according to the procedure established in Article 161 of this Code, coinciding with the holidays set in Article 162(1) shall be transferred to the next nearest working day. A different procedure for the transfer of rest days coinciding with holidays may be established in the collective agreement.
\n
Article 163Remembrance Days
\n
Days which are regarded as remembrance days under law shall be working days.
\n
Article 164Types of Leave
\n
Leave shall be an annual leave and a special-purpose leave.
\n
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 holidays indicated in Article 162 of this Code shall not be included in the period of the leave.
\n
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)the employees under 18 years of age;
\n
2)the employees who, as single parents, are raising a child before he has reached the age of fourteen or a disabled child before he has reached the age of eighteen;
\n
3)disabled persons;
\n
4)other persons provided for by law.
\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.
\n
Article 168Additional Annual Leave
\n
1.Additional annual leave shall be granted:
\n
1)to the employees for the conditions of work which are not in conformity with the normal work conditions;
\n
2)for a long uninterrupted employment at the same work place;
\n
3)for a special 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 determined by the Government. A contract of employment, a collective agreement or internal work regulations may define a longer additional annual leave or additional annual leave of types other than those specified in this Article.
\n
Article 169Procedure of Granting Annual Leave
\n
1.Annual leave for each working year shall be granted in the same working year.
\n
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 schedule of granting annual leave. The procedure of making the schedule shall be stipulated in a collective agreement and, where such an agreement is not made, the schedule of annual leave shall be made by agreement of 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 a maternity leave or after it;
\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)under 18 years of age;
\n
2)pregnant women and employees raising, as single parents, a child before he has reached the age of fourteen or a disabled child before he has reached the age of eighteen.
\n
5.Men shall be granted their annual leave at request 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 the summer holiday of school children and students, irrespective of the date when the staff began to work at the appropriate institution.
\n
7.Annual leave for the 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.Persons 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.
\n
Article 170Length of Service Entitling to Annual Leave
\n
1.The number of years entitling an employee to annual leave 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 is job/position and is paid a grant or other benefits, with the exception of the period of parental leave where the child is under three years of age;
\n
4)the period during which the employee received a sickness or a maternity benefit;
\n
5)annual leave with pay;
\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 forced absence 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 law.
\n
2.The year of employment for which annual leave is granted shall start from the date of admission of the employee to work.
\n
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.
\n
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.
\n
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, Article 174 of this Code.
\n
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 Article 184 (1) of this Code;
\n
4)is excused from work for the performance of official or public duties in the cases specified in, Article 183 (1) and (3) 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.
\n
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.
\n
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.
\n
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.
\n
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.
\n
Article 177Compensation for the Unused Annual Leave
\n
1.The annual leave may not be replaced by an allowance in lieu. If the employee cannot be granted annual leave due to the termination of 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 the unused annual leave shall be paid by terminating the contract of employment irrespective of its term. The amount of the allowance shall be determined in accordance with the number of working days of the 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 the period of the unused annual leave.
\n
Article 178Categories of Special-Purpose Leave
\n
Special - purpose leave shall be:
\n
1)maternity leave;
\n
2)parental leave before the child is three years of age;
\n
3)educational leave;
\n
4)sabbatical leave;
\n
5)leave for performance of official or public duties;
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6)unpaid leave.
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Article 179Maternity Leave
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1.Women shall be entitled to maternity leave: 70 calendar days before the child birth and 56 calendar days after the child birth (in the event of complicated confinement 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 confinement.
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2.The 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 before the baby is 70 days old.
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3.An allowance provided for in the Law on Social Insurance of Sickness and Maternity shall be paid for the period of leave specified in paragraphs 1 and 2 of this Article.
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Article 180Parental Leave before the Child Has Reached the Age of Three
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1.Parental leave before the child has reached the age of three shall be granted, at the choice of the family, to the mother/adoptive mother, the father/adoptive father, the grandmother, the grandfather or any other relatives 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. The employees entitled to this leave may take it in turn.
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2.The employee intending to use the leave or to return to work before the end of the leave must give the employer an at least fourteen days’ written notice. A longer period of notice my be established in the collective agreement.
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3.During the period of this leave the employee shall retain his job/position, with the exception of cases when the enterprise is dissolved.
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Article 181Educational Leave
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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.
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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;
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4)to complete and present the graduation thesis (Bachelor's, Master's) - 30 calendar days;
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5)to prepare for and take state (final) examinations - six days for each examination.
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3.Travel time shall not be included in the period of educational leave.
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Article 182Sabbatical Leave
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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.
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Article 183Leave of Absence for 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, a public prosecutor, a member of a public organisation or the staff to inquiry or preliminary investigation bodies, the prosecutor's office; to perform the duty of a donor and in other cases prescribed by law.
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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.
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Article 184Unpaid Leave
\n
1.Unpaid leave shall be provided at the employer's request:
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1)to the employees raising a disabled child under fourteen years of age - for up to 14 calendar days;
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2)to employees raising a disabled child under eighteen years - for up to 30 calendar days;
\n
3)during a maternity leave and parental leave before the child has reached the age of three years to the father at his request (to the mother - during parental leave before the child has reached the age of three years); 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, on his own, takes care of a disabled person where the necessity of continuous care has been prescribed by decision of the Disability and Capacity for Work Establishment 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 the health institution;
\n
7)for a wedding - at least three calendar days;
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8)for a funeral of a family member - at least three calendar days.
\n
2.Unpaid leave for other reasons shall be provided following 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
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WAGE. GUARANTEES AND COMPENSATIONS
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Article 186Wage
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1.A wage shall be remuneration for work performed by an employee under a contract of employment.
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2.A wage shall comprise the basic salary and all additional payments directly paid by the employer to the employee for the work performed.
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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.
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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.
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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
1.The conditions for determining the wage, rates, tariffs and qualification requirements for professions and positions, work quotas, the procedure of setting tariffs for work and the 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.
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Article189Remuneration for Work to the Employees of State, Municipal Enterprises, Establishments and Organisations
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The terms and conditions of remuneration for work to the employees of the establishments, enterprises, and organisations financed from the state, municipal and social insurance budgets, from the resources of funds established by the State as well as to the employees of the Bank of Lithuania shall be established following the procedure prescribed by law.
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Article 190Indexing of the Wage
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The wage shall be indexed in accordance with the procedure prescribed by law.
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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.);
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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.
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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.
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Article 193Remuneration for Overtime and Night Work
\n
1.The pay for overtime and night work shall be at least one and a half of the hourly pay/monthly wages established for the employee.
\n
Article 194Remuneration for Work on Rest Days and Holidays
\n
1.The pay for work on a rest day or a holiday which has not been provided for in the work schedule, shall be at least at the double rate, or it shall be compensated for by granting to the employee another rest day during the month or by adding that day to his annual leave.
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2.The pay for work on a holiday which has been provided for in the work schedule shall be at least the double rate of the hourly or daily pay.
\n
Article 195Pay 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.
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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.
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Article 196Pay 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 197Work Pay 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.
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Article 198Work Pay for Shorter Hours
\n
The terms of work pay for the employees who are working shorter hours shall be determined by the Government.
\n
Article 199Work Pay for 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.
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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.
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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.
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2.Specific time periods, the place and procedure of payment of wage shall be specified in collective agreements or contracts of employment.
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Article 202Pay Statements
\n
1.All the employees must be given employment statements by the employer.
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2.The pay statements shall show gross pay, take-home pay and deductions.
\n
Article 203Notification of a Change in Payment Conditions
\n
Where new payment conditions are established (Article 120 (3) of this Code) the employer must notify his employees in writing within one month, at the latest, before the conditions become effective.
\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.
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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.
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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 relations 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
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.
\n
Article 207Late Payment of the Wage and Other Payments Relating to Employment Relations
\n
1.Where the wage or any other payments relating to employment relations 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 Pay
\n
1.Information about the wages shall be made available or made public only in cases provided by law 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 the work place, by giving particulars about the position of the employee, the length of service, the wage paid to him, and the amount of the taxes paid and the state social security contributions, the reason of dismissal from work.
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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 212Work Pay after Transfer of the Employee to another Job for Health Reasons
\n
1.If an employee’s health deteriorated owing to work at an enterprise (he is unable to work in his previous job because of a trauma, occupational disease, other impairment of health) and if there is no possibility to transfer him to another job, suited to his health condition and, if possible, his qualifications, because there is no work at the enterprise which the employee could perform in his present condition, he shall be entitled to a sickness benefit until the conclusion of the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour about the employee’s capacity for work is received. Upon determining the degree of work incapacity, the employee shall be paid a health indemnity (under Article 249 of the Code) unless he is covered by social insurance for occupational accidents 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 pay and the pay received for the work he performs at present until the opinion of the state social medical examiners commission about the employee’s capacity for work is received.
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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
The employees raising a disabled child before he has reached the age of eighteen or two children before they reach the age of twelve shall be granted an additional day of rest per month or their weekly working time shall be shortened by two hours; the employees who are raising three or more children before they reach the age of twelve shall be entitled to two additional days of rest per month or their weekly working time shall be shortened by four hours and shall be paid the 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 the wage. Moreover, they shall be paid per diem and the costs relating to the posting shall be defrayed to them.
\n
2.The amounts specified above and the manner of payment shall be determined by the Government.
\n
3.Persons under eighteen years of age shall not be posted to perform work. Pregnant women, women who have recently given birth and breast-feeding mothers, the employees raising a child before he has reached the age of three as well as the employees who and are raising, as single parents, a child before he has reached the age of fourteen or a disabled child before he has reached the age of eighteen may be posted to perform work only subject to their consent.
\n
4.Additional guarantees to the employees who are temporarily posted to perform work in a foreign state and to the employees who are temporarily posted within 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 relations.
\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 relations, 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 be in excess of 20 percent, and when recovering periodic payments for compensation for damage caused by mutilation or other health impairment, also for the deprivation of life of the bread winner and damage caused by a criminal act - of 50 percent of the wage payable to the employee.
\n
2.When making deductions from the wage, which is not in excess of the minimum monthly wage under several writs of execution, 50 percent of the wage payable to the employee shall be reserved for him.
\n
3.Unless the court sets a smaller amount of deductions, 70 percent of the share of the paid wage which exceeds the minimum monthly wage established by the Government shall be deducted.
\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 subject to the approval by the representatives of the employees.
\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 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 legal 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 involve:
\n
1)improper conduct with the visitors or customers or any other acts which directly or indirectly violate a person's constitutional rights;
\n
2)disclosure of state, professional, commercial or technological secrets or communicating them to a rival enterprise;
\n
3)participation in the activities which, under the provisions of laws, regulatory acts, work regulations, collective agreements or contracts of law, are incompatible with the functions of work;
\n
4)taking advantage of one's position to get unlawful gain for oneself or other persons or for some other personal purposes, arbitrary behaviour or bureaucracy;
\n
5)violation of equal opportunities or sexual harassment of colleagues, subordinates or customers;
\n
6)refusal to provide information where laws, other regulatory acts or work regulations obligate one to provide it, or provision of knowingly false information in those cases;
\n
7)acts with elements of theft, fraud, appropriation or embezzlement of property, unlawful taking of a reward even though these activities did not involve the employee in criminal or administrative liability;
\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 any substantial cause;
\n
10)refusal to undergo a medical check where such checks are obligatory;
\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 (Article 136(1) 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.
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Article 241Time of Imposing a Disciplinary Sanction
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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.
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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.
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Article 242Appeal against a Disciplinary Sanction
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1.A disciplinary sanction may be appealed against in a dispute resolution procedure.
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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.
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Article 243Term of a Disciplinary Sanction
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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.
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Article 244Lifting of a Disciplinary Sanction
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Where the employee keeps working diligently and conscientiously, the sanction imposed on him may be lifted before the term of the sanction expires.
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CHAPTER XVII
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LIABILITY
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Article 245Grounds for Incurring Liability
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Liability shall be incurred due to a violation of law during which one party to a labour relationship causes damage to another party through non-performance of work duties or by performing them unsatisfactorily.
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Article 246Conditions of Incurring Liability
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1.Liability shall be incurred when all the following conditions are present:
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1)damage has been caused;
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2)damage has been caused through illegal activity;
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3)there is a causal relationship between an illegal activity and damage;
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4)the offender is guilty;
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5)the offender and the victim were in a labour relationship during the violation of law;
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6)the resulting damage relates to work activities.
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Article 247Taking into Account the Victim’s Fault
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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.
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Article 248Cases of Employer's Liability
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The employer's liability shall be incurred where:
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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);
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2)damage is caused by damage to, destruction or loss of the employee's property (Article 249 of the Code);
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3)property interests of the employee and other persons are violated (Article 249 of the Code);
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4)an employee sustains non-property damage.
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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
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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.
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Article 250Compensation of Damage Other than Property Damage
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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.
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Article 251Compensation of Damage after Restructuring of an Enterprise, Establishment or Organisation
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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.
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Article 252Compensation of Damage after Liquidation of an Enterprise
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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.
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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.
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Article 253Cases of Employees' Liability
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1.An employee must compensate damage arising due to:
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1)loss of property or reduction of its value, its damage/break down;
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2)misuse of materials;
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3)fines and compensation benefits which the employer had to pay through the employee’s fault;
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4)expenses resulting from damaged articles;
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5)improper storage of fixed assets;
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6)improper accounting of material and pecuniary assets;
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7)failure to prevent production of defective products and theft of fixed or pecuniary assets;
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8)any other violations of work rules, job or any other instructions.
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Article 254Limits of Employees' Liability
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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.
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Article 255Cases where Employees Must Compensate all Damage
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An employee must compensate all damage in the following cases:
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1)damage was caused deliberately;
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2)damage resulting from a criminal act of the employee determined according toe the procedure laid down in the Criminal Code;
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3)damage caused by an employee with whom a contract of full liability has been concluded;
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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;
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5)damage caused in any other way or to any other property full liability for which is provided in special laws;
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6)damage caused by an employee under the influence of alcohol or narcotic or toxic substances;
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7)where this is provided for in a collective agreement.
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Article 256Contract of Full Liability
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1.A contract of full liability may be concluded with the 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 the employee for use at work. A list of specific kinds of work and duties shall be provided for in a collective agreement. This contract shall be executed in writing. It must provide for what types of material assets an employee shall assume full liability and for which obligations liability shall be assumed by the employer, by providing the conditions which would prevent the creation of liability.
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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 liability may be concluded with a group of workers. 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 they caused damage, unless the contract provides otherwise.
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3.Contracts of full liability may not be concluded with the employees who are under eighteen years of age.
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Article 257Determination of the Amount of Damage to be Compensated
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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.
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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.
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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.
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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.
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Article 258Recovery of Damage Caused by an Employee
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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.
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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.
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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.
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Chapter XviII Safety and Health of employees at work
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Article 259Safety and Health at Work
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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.
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Article 260Right of Employees to Work in Safety
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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.
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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.
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Article 261Design of Workstations
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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.
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2.Newly constructed and reconstructed enterprises and their subdivisions shall be commissioned in accordance with the procedure established by the Government.
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Article 262Work Equipment
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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.
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2.The minimum safety and health requirements for work equipment shall be laid down in relevant regulatory acts on safety and health at work.
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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.
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4.Requirements for the safe use of specific work equipment shall be provided by the manufacture in the documentation, which must accompany work equipment.
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5.The compulsory continuous maintenance of potentially dangerous equipment shall be carried out by its owners.
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Article 263Protection from Exposure to Dangerous Chemical Substances
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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.
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2.The packaging of dangerous chemical substances must bear marks of dangerous chemical substances warning of their harmfulness or danger.
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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.
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Article 264Organisation and Performance of Safe Work
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1.Work must be organised in compliance with the requirements laid down in regulatory acts on safety and health at work.
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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:
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1)assess potential risks to the safety and health of employees;
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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;
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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 subdivisions to implement occupational safety and health measures and to monitor compliance with occupational safety and health requirements;
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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).
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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.
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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.
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Article 265Compulsory Health Examinations
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1.Employees under 18 years of age must undergo a medical examination upon employment and annually thereafter until they reach 18 years of age.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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Article 266Suspension of Works
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1.Works shall be suspended in accordance with the procedure established by regulatory acts:
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1)if an employee (employees) has not been trained in safe work;
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2)in the event of a breakdown of work equipment or an accident hazard;
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3)if work is performed in violation of the established technical regulations;
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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;
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5)in other cases when the working environment is harmful and/or dangerous to heath or life.
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2.In the event of danger in the enterprise or its subdivision, the employer must:
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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;
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2)take measures to suspend works and to issue orders for the employees to leave working premises and move to a safe location;
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3)organise the provision of first aid to the injured, as well as the evacuation of the employees;
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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 subdivision 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 subdivision of any work equipment broken down or imminent accident hazard.
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5.Every enterprise, establishment, organisation and their subdivisions 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 subdivisions 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 subdivision 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 the conclusions of the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour or health care institution may not perform the agreed work (hold position) due to his health status, 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 for his health and, if possible, in line with his qualification.
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2.If the employee does no agree to be transferred to the proposed job or there is no 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, with the exception of 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 subdivision 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 subdivision, 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 Article 275 (5) 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 18 Years of Age
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1.Employment of persons who are under 18 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 18 years of age.
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4.Persons under 18 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.
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5.A list of persons who are under 18 years of age must be compiled in an enterprise, establishment or organisation.
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Article 278Maternity protection
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1.Pregnant women or women who have recently given birth or breast-feeding women may not be assigned to perform work in the conditions that may be hazardous and affect the health of the woman or the child. The list of hazardous conditions and dangerous factors prohibited for pregnant women, women who have recently given birth or breast-feeding women (hereinafter - list of hazardous conditions of work) shall be approved by the Government.
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2.In compliance with the list of hazardous conditions of work and working environment risk assessment results, the employer must establish the nature and duration of potential effect to safety and health of woman who has recently given birth and breast-feeding woman. Upon assessment of the potential effect, the employer must take necessary measures to ensure that the above risk is eliminated.
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3.Where the elimination of dangerous factors is impossible, the employer shall implement measures to adjust the working conditions so that exposure of a woman who has recently given birth or a breast-feeding woman to risks is avoided. If the adjustment of her working conditions does not result in avoidance of her exposure to risks, the employer must transfer the woman (upon her consent) to another job (working place) in the enterprise, establishment or organisation. .
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4.Having been transferred to another job (working place) in the enterprise, establishment or organisation, the pregnant woman, the woman who has recently given birth or the breast-feeding woman shall be paid not less than her average pay she received before being transferred to another job (working place).
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5.If transferring a pregnant woman to another job (working place) where her and her expected child’s exposure to risks could be avoided is not technically feasible, the pregnant woman shall, upon her consent, be granted a leave until she goes on her maternity leave and shall be paid during the period of extra leave her average monthly pay.
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6.If it is not technically feasible to transfer a woman who has recently given birth or a breast-feeding woman after her maternity leave to another job (working place), where her or her child's exposure to risks could be avoided the woman shall, upon her consent, be granted an unpaid leave until her child is 1 year of age and shall be paid for the period maternity insurance contributions prescribed by law.
\n
7.Where a pregnant woman, a woman who has recently given birth or a breast-feeding woman has to attend medical examinations, she must be released from work for such examinations without loss in her average pay, if such examinations have to take place during working hours.
\n
8.In addition to the general break to rest and to eat, a breast-feeding woman shall be at least every three hours given at least 30-minute breaks to breast-feed. At the mother’s request the breaks for breast-feeding may be joined or added to the break to rest and eat or given at the end of the working day, shortening the working day accordingly. Payment for these breaks to breast-feed shall be calculated according to the average daily pay of the employer.
\n
9.Pregnant women, women who have recently given birth or breast-feeding women may not be assigned to work overtime without their consent.
\n
10.Pregnant women, women who have recently given birth or breast-feeding women may be assigned to work at night, on rest days or on holidays, or posted to perform work only with their consent. If such employees refuse to work at night and submit a certificate that such work would affect their safety and health, they shall be transferred to day-time work. Where it is not possible to transfer such employees to day-time work due to objective reasons, they shall be granted a leave until they go on maternity leave or child-care leave until the child is 1 year of age. During the period of leave granted before the employee goes on maternity leave she shall be paid her average monthly pay.
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Article 279Guarantees of Safety and Health at Work of Working Disabled Persons
\n
Safety and health at work of working disabled persons shall be guaranteed by this Code and other laws, other legal acts regulating safety and health at work.
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Article 280Assessment of Safety and Health at Work
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1.Safety and health of workers at work shall be assessed on the basis of the degree of compliance of working conditions and work equipment in the enterprise, its divisions with the requirements of regulatory acts on employee safety and health at work.
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2.Working conditions shall be assessed on the basis of the degree of compliance of the working environment at workstations, character of work, and the organisation of working time and rest periods with the requirement laid down in this Code, other regulatory acts on employee safety and health at work 3. The assessment of the compliance of workstations with safety and health at work requirements shall be organised by the employer on the basis of regulatory acts on employee safety and health at work.
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Article 281Reports on Accidents at Work and Occupational Diseases
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1.An employee who is injured in an accident at work or contracts an acute occupational disease and any person who witnessed the incident in question or its consequences must, if he is in the position to do so, immediately report this to the head of the subdivision, the employer, the safety and health at work service of the enterprise.
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2.In the event of accidents at work resulting in the death of the injured person, serious accidents at work, also in the event of the employee’s death at work as a result of a disease, not related to work the employer must immediately notify the district prosecutor’s office and the State Labour Inspectorate thereof.
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3.In the event of acute occupational diseases resulting in the death of the person who suffered from the diseases the employer must immediately report to the district prosecutor’s office, the State Labour Inspectorate and the territorial institution of Public Health Care Service.
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Article 282Investigation of Accidents, Occupational Diseases
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1.All enterprises, establishments and organisations shall apply a uniform and obligatory procedure for the investigation and registration of accidents at work and occupational diseases. The regulations of the investigation and registration of accidents at work and occupational diseases shall be approved by the Government.
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2.An injured persons or his representative may take part, according to the established procedure, in the investigation of the accident at work, he shall be entitled to have access to the material of investigation of the accident at work and occupational disease, must be given the statement of investigation of the accident at work or occupational disease, may appeal to the Chief State Labour Inspector and the court against the results and findings of the investigation.
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Article 283Compensation for Damage to an Employee’s Health
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1.The employee who has lost his functional capacity as a result of an accident at work or occupational disease which resulted in the loss of income shall be compensated for the pay lost in accordance with the Law of the Republic of Lithuania on Social Insurance against Accidents at Work and Occupational Diseases and other laws.
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2.If the injured employee has not been covered by social insurance against accidents at work or occupational diseases, the income lost due to loss of functional capacity and medical aid and treatment costs as well as the expenses related to the victim’s social, medical and professional rehabilitation shall be compensated by the employer in accordance with the procedure established by the Civil Code.
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Article 284Management and Control of Employees' Safety and Health at Work
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1.The Ministry of Social Security and Labour, the Ministry of Health, in compliance with the Constitution of the Republic of Lithuania, this Code, other laws, Government resolutions and other regulatory acts shall implement, according to its competence, the state policy in the sphere of employee safety and health.
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2.The State Labour Inspectorate shall exercise control over compliance with the employee safety and health requirements in the enterprises. The functions, rights and responsibility of the State Labour Inspectorate shall be established by the Law on State Labour Inspectorate.
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CHAPTER XIX
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LABOUR DISPUTES
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Article 285Concept of Labour Dispute
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Labour dispute means a disagreement between the employee and the employer regarding the exercise of the rights and fulfilment of duties established in the regulatory acts, employment contract or collective agreement, which has not been regulated through negotiations. Labour disputes shall be considered according to the procedure laid down in this Chapter.
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Article 286Labour Dispute Resolution Bodies
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1.Unless this Code or other laws establish a different dispute resolution procedure, labour disputes shall be resolved by:
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1)Labour Disputes Commission;
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2)the court.
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2.Collective labour disputes shall be resolved according to the procedure established in Chapter X of this Code.
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Article 287Clerk of the Labour Disputes Commission
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The employer shall appoint the clerk of the Labour Disputes Commission for providing technical services to the Commission. The clerk shall accept and register applications, obtain from the relevant services documents required for considering the application, the experts' opinion, inform of the assigned time and place of hearing of the case, draws up the record of the Labour Disputes Commission, dispatch excerpts and decisions, refer the case to the court and fulfil other assignments of the Labour Disputes Commission.
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Article 288Formation of the Labour Disputes Commission
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1.Labour Disputes Commissions shall be formed from an equal number of representatives of the employees and the employer. The representative of the employer shall be appointed by the employer's order (directive).
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2.If the Labour Disputes Commission has not been formed in an enterprise, establishment or organisation, upon receiving the application addressed to the Labour Disputes Commission, the employer must within the time limits set in paragraph 1 of Article 291 of this Code appoint the clerk of the Labour Disputes Commission and initiate the formation of the Labour Disputes Commission.
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3.The Commission shall be formed for a term of up to two years.
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4.The representatives of the employees and the employer shall rotate in every meeting in performing the duties of the Commission Chairman.
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Article 289Powers of the Labour Disputes Commission
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The Labour Disputes Commission shall be mandatory primary body for dispute resolution, unless this Code or other laws establish other dispute resolution procedure.
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Article 290Preparation of the Labour Case for Hearing in the Labour Disputes Commission
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1.The applications addressed to the Labour Disputes Commission shall specify the names, surnames of the claimant, respondent, other persons participating in the case, the name and address of the employer, indicate the circumstances, grounds and evidence on which the claimant's claims are based and shall contain a clearly formulated demand and the list of documents attached.
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2.An application shall be submitted to the clerk of the Labour Disputes Commission or, in the absence of such - to the employer (Article 288(2) of the Code). The clerk shall register the application, notify the Labour Disputes Commission, prepare the case for hearing, obtain the required documents, calculations, findings, notify the participants in the case of the time and place of the hearing of the case, deliver a copy of the application to the respondent.
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Article 291Meetings of the Labour Disputes Commission
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1.A meeting of the Labour Disputes Commission must be convened within seven days from the day of filing of the application. The application must be considered within 14 days from the day of filing.
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2.A meeting of the Labour Disputes Commission shall be considered valid if attended by an equal number of the employer and employees.
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Article 292Hearing of the Case, Passing of a Decision
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1.The decisions of the Labour Disputes Commission shall be passed by agreement between the representatives of the employees and the employer - members of the Labour Disputes Commission.
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2.In case the members of the Labour Disputes Commission fail to reach an agreement, a notice shall be made in the record of the Labour Disputes Commission stating that the parties failed to reach an agreement and a decision was not passed.
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3.The decision passed by the Labour Disputes Commission shall be entered in the record of the Labour Disputes Commission. The form thereof shall be approved by the Government. The record shall be signed by the chairman, members and the clerk of the Labour Disputes Commission. The amount awarded shall be given in the decisions regarding the satisfaction of monetary claims. The awarded amount and the default interest shall be paid prior to the day of execution of the decision. The clerk of the Labour Disputes Commission shall within five days deliver against signature to the persons participating in the case a copy of the decision of the Labour Disputes Commission or, in the event of failure by the parties to reach an agreement, an except from the record.
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Article 293Appealing against the Decision of the Labour Disputes Commission
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1.An employee who is not satisfied with the decisions of the Labour Disputes Commission, also in cases when the labour dispute has not been settled within the time limits provided for in Article 291(1) of this Code as well as in the cases when the parties failed to reach an agreement at the Labour Disputes Commission shall be entitled to file a claim with the court within fourteen days.
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2.The decision of the Labour Disputes Commission shall not be subject to appeal by the employer.
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Article 294Execution of the Decision of the Labour Disputes Commission
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1.The respondent is bound to execute the decision of the Labour Disputes Commission within ten days form the day of receipt of the decision, unless another date of execution is set in the decision.
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2.In case of failure by the responded to execute the decision of the Labour Disputes Commission within the time limit set in paragraph 1 of this Article, the employee shall apply to the court with a written request for the enforcement of the decision according to the procedure established for the execution of court decision.
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3.A decision of the Labour Disputes Commission shall not be executed if it is appealed against to court according to the procedure established in Article 293(1) of this Code.
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Article 295Hearing of Labour Disputes in Courts
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1.The following disputes shall be heard in courts:
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1)decisions of the Labour Disputes Commission appealed against according to the procedure established in Article 293(1) of this Code;
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2)labour disputes when the parties fail to reach an agreement in the Labour Disputes Commission (Article 292(2) of the Code;
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3)labour disputes in case the Labour Disputes Commission was not formed within the time limits set in Article 291(1) of this Code or the dispute has not been settled.
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2.The following disputes shall be heard directly in courts without applying to the Labour Disputes Commission:
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1)disputes arising in relation to the employment contract in the cases specified in Article 297 (1)and (2) of this Code;
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2)disputes regarding the changing of the formulation of the reasons for dismissal from work;
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3)disputes between the representatives of trade unions or other employees and the employer about the non-performance of the duties and obligations established in laws or in the contract;
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4)disputes on the basis of claims filed by the trade unions if the employer fails to timely consider or meet the demands of the trade union to revoke the employer's decisions which violated the labour, economic and social rights of the trade union members established by law;
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5)in the event of termination of employment relations between the employer and the employee;
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6)in other cases prescribed by law.
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Article 296Terms for Applying to the Labour Disputes Commission
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An employee may apply to the Labour Disputes Commission within three months from the day when he found out or ought to have found out about the violation of his rights.
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Article 297Disputes relating to the Employment Contract
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1.If an employee disagrees with the changing of the principal conditions of the employment contract, suspension from work on the employer's initiative, dismissal from work, he shall be entitled to apply to the court within one month from the day of receipt of the appropriate notice (document). If it is established that the principal conditions of the employment contract were changed, the employee was suspended from wok without a valid reason or in breach of laws, the violated rights of the employee must be restored and he must recover the average wage for the entire period of involuntary idle time or the difference in the wage for the time period the employee was employed in a lower paid job.