APPROVED

In short

This law, the Labour Code of the Republic of Lithuania, sets out the fundamental rules and principles governing work relationships, ensuring the protection of workers' rights and the performance of their duties. It establishes a framework for how labour relations are regulated within the country.

What it regulates

Labour relations concerning the exercise and protection of labour rights and performance of obligations.
The limits of regulation for individual spheres of labour relations.
The principles guiding the legal regulation of labour relations, such as freedom of association and fair remuneration.
The sources of labour law, including the Constitution, international agreements, and this Code.

Who it concerns

All citizens of the Republic of Lithuania, foreign nationals, and stateless persons permanently residing in the Republic of Lithuania, regarding their legal capacity in labour relations.
Employers, from the moment of their establishment, regarding their legal capacity in labour relations.

Key points

A person acquires full legal capacity in labour relations at 16 years of age, with exceptions established by this Code and other labour laws.
Labour laws apply in the territory of the Republic of Lithuania, regardless of whether a person is employed in Lithuania or posted abroad by their employer.
If international agreements of the Republic of Lithuania establish different rules than this Code, the international agreement rules apply.
In case of contradiction between a provision of this Code and another law or regulatory act, the provision of this Code applies; if there are contradictions between regulatory acts, the provision more beneficial to the employee applies.

Įstatymo tekstas

APPROVED APPROVED by Law No. IX-926 of 4 June 2002 LABOUR CODE PART I GENERAL PROVISIONS CHAPTER I LABOUR LAWS AND RELATIONS REGULATED BY THE LABOUR LAWS Article

Relations Regulated by the Labour Code of the Republic of Lithuania
This Code regulates labour relations connected with the exercise and protection of labour rights and performance of obligations established in this Code and other regulatory acts.
The limits of regulation of individual spheres of labour relations shall be determined by this Code and by other laws and Government resolutions in accordance with the limits determined by this Code. Article
Principles of Legal Regulation of Labour Relations
The following principles shall apply to the regulation of relations specified in Article 1 of this Code: 1) freedom of association; 2) freedom of choice of employment; 3) state aid to persons in realising the right to employment; 4) equality of subjects of labour law irrespective of their gender, sexual orientation, race, national origin, language, origin, citizenship and social status, religion, marital and family status, age, opinions or views, political party or public organisation membership, factors unrelated to the employee's professional qualities; 5) provision of safe and healthy working conditions; 6) fair remuneration for work; 7) prohibition of all forms of forced and compulsory labour; 8) stability of labour relations; 9) uniformity of labour laws and their differentiation on the basis of and psychophysical qualities of the employees; 10) freedom of collective bargaining for the purpose of reconciliation of interests of the employees, the employers and the state; 11) liability of the parties to the collective bargaining agreement for their obligations.
The state shall support the exercise of labour rights. The labour rights may be in exceptional cases restricted only by law or court judgement, if such restrictions are necessary in order to protect public order, the principles of public morals, public health, property, rights and legal interests. Article
Sources of Labour Law
The sources of labour law are the Constitution of the Republic of Lithuania, international agreements of the Republic of Lithuania, this Code, other laws and regulatory acts, regulatory provisions of collective agreements.
The Government resolutions and other regulations may regulate labour relations only in the cases and to the extent determined by this Code and other laws. Article.
Labour Laws and other Regulatory Acts
The labour laws shall determine: 1) the scope, tasks and principles of application of labour law; 2) legal grounds of employment of the population; 3) rules of conclusion and implementation of collective agreements as well as the liability of the parties for the obligations; 4) the amount of the minimum wage as well as the conditions of remuneration for work in the enterprises, agencies and organisations financed from the state and municipal budgets; 5) maximum working time and standard minimum rest periods; 6) the amount of minimum benefits, guarantees, compensations and the level of other labour rights; 7) basic employee safety and health standards and rules; 8) rights of trade unions and other employee representatives in the sphere of labour; 9) basic provisions of professional training and in-service training; 10) principles of ensuring labour discipline; 11) conditions and amount (limits) of liability; 12) basic provisions of supervision of and control over compliance with the main labour laws.
The Government, other state and municipal institutions shall have the right to adopt, according to their respective competence, regulatory acts on the issues relating to the regulation of labour relations. The provisions of the regulations of the Government, other state and municipal institutions, establishing for the employees condition less favourable than those established by this Code and other labour laws, shall be invalid.
Enterprises, agencies, organisations may adopt, according to their respective competence and in the manner prescribed by laws, local (internal) regulatory acts establishing working conditions that are not regulated by labour laws specified in paragraphs 1 and 2 above and by other regulatory acts as well as granting work, social and everyday-life privileges to employees or their groups in addition to those established by laws and other regulatory acts.
Tripartite agreements, collective agreements and local (internal) regulatory acts relating to working conditions, under which the position of the employees is made less favourable than that established by this Code, laws and other regulatory acts, shall be null and void. In the cases where this Code and other laws do not directly prohibit the subjects of legal relations pertaining to labour to establish, of their own accord and by way of an agreement, mutual rights and obligations, the above subjects shall guided by the principles of justice, reasonableness and good faith. Article
The Scope of Application of Labour Laws
Labour laws and other regulatory acts shall be applied to labour relations in the territory of the Republic of Lithuania regardless of whether the person is employed in Lithuania or has been posted by his employer abroad.
Labour relations which arise when persons are employed on board ships or on board aircraft shall be regulated by the labour laws and other regulatory acts of the Republic of Lithuania when the ships are flying the national flag of the Republic of Lithuania or the aircraft is marked with the symbols of Lithuania. The labour laws, other regulations of the Republic of Lithuania shall be applied to persons working on other means of transport if the employers who own the means of transport are within the jurisdiction of the Republic of Lithuania.
Where the employer is a foreign state, the Government or an administrative unit or a unit operating as a diplomatic mission, foreign organisation or person, the laws and other regulatory acts shall apply to labour relations with the residents of the Republic of Lithuania to the extent they do not violate diplomatic immunity.
The labour laws, other regulatory acts of the Republic of Lithuania shall not be applied to the labour relations which occur between foreign employers and employees, when the employees are posted by the employer in the territory of the Republic of Lithuania. Article
Application of Foreign Law
Foreign law shall be applied to labour relations where this is established by the international agreements of the Republic of Lithuania, laws of the Republic of Lithuania or agreements between the parties to the employment contract.
Foreign law shall not be applied where the application thereof would be contrary to public order established by the Constitution and other laws of the Republic of Lithuania. In such cases labour laws of the Republic of Lithuania shall be applied.
The mandatory provisions of the labour law of the Republic of Lithuania shall be applied regardless of the fact that the parties have chosen to apply foreign law. Article
Law Applicable to Labour Relations of International Character
Parties to the employment contract may choose the law applicable both to the entire employment contract and to a part thereof. The choice must be explicit or implicit from the conditions of the employment contract or other circumstances. The choice by the parties of the applicable law shall not invalidate in the sphere of employee protection the mandatory legal provisions of the state the laws whereof would apply in the absence of an agreement on the applicable law concluded between the parties.
In case of failure by the parties to choose the applicable law by an agreement between them, the said law shall be chosen based on the following principles: 1) in case of permanent employment in one state, the labour law of the state shall be applied irrespective of the employee's temporary employment in another state; 2) if the employee has no permanent employment in any state, the labour law of the state where the employer has his principal place of business (headquarters) shall be applied; 3) if all the existing circumstances allow to conclude that labour relations are connected to a greater extent with the state other than the one whose law is applicable according to the principles listed in paragraph 2

(1)and

(2)of this Article, the labour law of that other state with the law of which the labour relations are connected to the greatest extent shall be applied. Article

International Agreements
Where international agreements of the Republic of Lithuania establish rules other than those laid down by this Code and other labour laws of the Republic of Lithuania, the rules of the international agreements of the Republic of Lithuania shall be applied.
International agreements of the Republic of Lithuania shall be directly applied to labour relations, except in cases where international agreements establish that the application thereof requires a special regulatory act of the Republic of Lithuania. Article
Analogy of Law and Legislation
Where the labour law has no direct provision regulating a certain relationship, the provisions of labour law regulating similar relations shall apply.
Where the analogy of labour regulatory acts cannot be applied, the provisions of other branches of law regulating similar relations shall be applied according to the basic principles and substance of labour laws.
Application by analogy of special legal provisions establishing exceptions from the general rules shall not be allowed.
If the relations specified in Article 1 of this Code are not regulated by labour laws and regulatory acts, and provisions of other branches of law which regulate similar relations are not applicable to them, the principles listed in Article 2

(1)shall be applied when settling the arising disputes. Article

Principles of Interpretation of Provisions of the Labour Code
The provisions of this Code shall be interpreted having regard to the system and structure of the Code in order to ensure the uniformity of the Code and compatibility of its individual constituent parts.
Words and word combinations used in the Code shall be interpreted in their general meaning except for the cases when it can be inferred from the context that the word or combination of words is used in its special - legal, technical or other meaning. In case of a contradiction between the general and special meaning of a word, the special meaning of the word shall be given priority.
When determining the actual meaning of the provisions, the tasks and objectives of the Code and the interpretation provision shall be taken into account. Article
Implementation of Labour Laws
In case of a contradiction between a provision of this Code and provisions of another law or regulatory act, the provision of this Code shall apply.
Should there be contradictions between the provisions of regulatory acts regulating labour relations, the provision which is more beneficial for the employee shall apply. Article
Validity of Labour Laws Labour laws and other regulatory acts regulating labour relations shall have no retroactive effect. CHAPTER II SUBJECTS OF LABOUR LAW Article
Natural Persons’ Legal Capacity in Labour Relations
All citizens of the Republic of Lithuania shall be recognised to have legal ability to exercise labour rights and undertake labour obligations (legal capacity in labour relations). Foreign nationals and stateless persons, who are permanently residing in the Republic of Lithuania, shall have the same legal capacity in labour relations in the Republic of Lithuania as its citizen. Laws may establish cases of exception from the above provision.
A person shall acquire full legal capacity in labour relations and ability to acquire labour rights and undertake labour duties when he reaches the age of 16 years. Cases of exception shall be established by this Code an other labour laws. Article
Employers' Legal Capacity in Labour Relations
Employers shall acquire legal capacity in labour relations from the moment of their establishment.
Employers shall acquire labour rights and undertake labour duties as well as exercise the above rights and fulfil the above duties through their bodies (administration). The said bodies shall be formed and shall act in accordance with laws and employers' activity documents. Owners of individual (personal) enterprises, farmers and employers -natural persons may exercise labour rights and fulfil labour duties themselves. Article
Employee An employer is a natural person possessing legal capacity in labour relations according to Article 13 of this Code, employed under employment contract for remuneration. Article
Employer
An employer may be an enterprise, agency, organisation or any other organisational structure irrespective of the form of ownership, legal form, type and nature of activities, which has labour capacity according to Article 14 of this Code.
An employer may also be any natural person. Legal capacity of the employer shall be regulated by the Civil Code Article
The Staff The staff shall comprise all employees connected with the employer by labour relations. CHAPTER III REPRESENTATION OF LABOUR LAW SUBJECTS Article
Basic Principles of Representation
Employers and employees may acquire, change, waive or defend labour rights through the entities representing them. Employees and employers may be represented both in collective and individual labour relations. Representation in collective labour relations shall be regulated by this Code, whereas representation in individual labour relations shall be regulated by the Civil Code, unless such regulation is contrary to this Code.
Representation in collective labour relations based on the effective labour laws shall occur without the expression of will of an individual employee provided that such entity or person are representative of the will of the majority of the employees. Joint obligations assumed during such representation are binding on all employees who fall within the scope of such obligations, even though individually they have not given special authorisation to the entity of collective authorisation. Article
Representatives of Employees
In labour relations the rights and interests of employees may be represented and protected by the trade unions. Where an enterprise, agency or organisation has no functioning trade union and if the staff meeting has not transferred the function of employee representation and protection to the trade union of the appropriate sector of economic activity, the employees shall be represented by the labour council elected by secret ballot at the general meeting of the staff.
One and the same person may not represent and protect the interests of both the employees and the employers. Article
Trade Unions When protecting labour, professional, economic and social rights and interests of the employees, trade unions shall be guided by laws regulating trade union activities, this Code and their respective regulations. Article
Labour Council
The status of labour councils and the procedure of their formation shall be established by law.
The labour council shall possess all rights of the entities of collective representation if there is no functioning trade union in the enterprise, agency or organisation and the staff meeting has not transferred the function of employee representation and protection to the trade union of the appropriate sector of economic activity (Article 19

(1)of the Code).

The labour council may not perform functions recognised under laws as the prerogative of trade unions. Article
Rights of Employees' Representatives
The representatives of the employees shall have the following main rights of collective representation: 1) to conclude collective agreements, supervise the implementation thereof; 2) to submit proposals to the employer on the organisation of work in the enterprise; 3) to organise and manage strikes and other lawful measures which the employees have the right to undertake; 4) to submit proposals to state and municipal institutions; 5) to exercise non-governmental supervision and control of compliance with labour laws; 6) to protect the rights of the employees when concluding and implementing contracts of purchase-sale of an enterprise, assignment of a business or part thereof, concentration of market structures or reorganisation of enterprises; 7) to receive information from the employers about their socio-economic situation and projected changes which might affect the employees' situation; 8) appeal to the court against the decisions and actions of the employer and persons authorised by him if the said decisions and actions are contrary to legal norms and agreements or violate the rights of the represented person.
The entities representing the employees shall also carry out other actions by means whereof the interests of the employees are represented in the labour relations and which comply with the laws and do not interfere with bona fide relations between the parties. If the remit of competence of the employees' representatives is not defined in laws, the remit of their competence shall be determined by the staff in the collective agreement. Article
Employers' Rights and Duties Relating to the Employees' Representatives
An employer must: 1) respect the rights of the representatives of the employees and not interfere with their activities. The activities of the representatives of the employees may not be terminated at the employer's will; 2) when making decisions that may affect the employees' legal position, hold consultations with the representatives of the employees and , in cases provided for by laws, obtain their consent; 3) not delay collective bargaining; 4) consider the proposals submitted by the representatives of the employees within the term set in this Code and where such term is not set - within one month and give a reasoned response thereto in writing; 5) provide free of charge the indispensable information on issues relating to work of the enterprise; 6) provide conditions for the representatives of the employees to perform their functions; 7) perform other obligations provided for by collective agreements; 8) ensure other rights of the representatives of the employees established by laws.
Should the representatives of the employees violate the employer's rights, laws or agreements, the employer shall have the right to apply to the court according to the procedure established by law requesting termination of activity violating his rights, laws or agreements. Article
Representatives of Employers
An employer shall be represented both in collective and individual relations by the manager of an enterprise, agency or organisation. Employers may also be represented in enterprises by other persons (the administration) under the law or authorisation. The administration shall be comprised of officers who are entitled according to their competence to give binding directions to the employees subordinate to them. The officers of the administration shall carry out operational management of the enterprises, agencies and organisations in accordance with laws and documents of establishment of the respective enterprise, agency and organisation.
The manager of an enterprise, agency or organisation shall be entitled in accordance with his competence to delegate part of his powers in the sphere of labour law to a natural or legal person. CHAPTER IV TERMS Article
Definition of the Term
The term set by a labour law, agreement or decision of a labour dispute (conflict) resolution body may be defined by a calendar date or a certain time period.
A term may also be defined by a reference to a certain foreseeable event. Article
Calculation of Terms
A term defined by a certain time period shall start on the day following the calendar day or event signifying the beginning of the term.
The terms calculated in years, months or weeks shall end on the relevant day of the year, month or week. Where a term which is calculated in months end in the month which doe not have an appropriate day, the term shall end on the last day of the month. Where it is not possible to determine exactly the starting month of the term which is calculated in years or the starting day of the term which is calculated in months, the last day of the term shall be considered to be, accordingly, the thirtieth day of June or the fifteenth day of the month.
The term defined by weeks or calendar days shall also cover days off and holidays. Should the last days of the term fall on a non-working day, the working day following it shall be considered as the end of the term. Unless otherwise established by law, a term calculated in days shall be calculated in calendar days.
If a term is set for the performance of a certain action, the action may be performed by 24.00 h of the last day of the term. However, if the action is to be performed in a certain enterprise, agency or organisation, the term shall expire at the hour when appropriate operations are terminated in the enterprise, agency or organisation.
Written applications and notices submitted to the post office, telegraph or any other communications institution by 24.00 h of the last day of the term shall be considered filed on time. Article
Limitation of Actions
Limitation of actions means a period of time specified by law within which a person may bring an action in defence of his infringed rights.
The general period of limitation for relations regulated by this Code is three years, unless shorter periods of limitation of actions is established for individual claims by this Code or other labour laws.
There shall be no limitation of actions regarding employee's claims for defence of his honour and dignity.
Labour laws may prescribe non-application of limitation of actions clause with respect to certain other claims.
If this Code and other labour laws contain no special provisions regarding application of the limitation of actions clause, the provisions of the Civil Code and Code of Civil Procedure shall be applied to limitation of actions. Article
Extinguishing Terms
Labour laws may establish the terms upon the expiry whereof rights and duties related thereto shall extinguish (extinguishing terms).
The extinguishing terms, save for the exceptions established by laws, may not be suspended, extended or renewed. Article
Procedural Terms The procedural terms set in labour laws (terms for the resolution of labour disputes by dispute resolution bodies, terms for appealing against the decisions of the said bodies, etc.) shall be subject to the provisions of the Code of Civil Procedure relating to the application and calculation of the above terms, save for the exceptions provided for by labour laws. Article
Length of Service
Length of service is the period of time during which a person had employment relations regulated by this Code as well as other periods which under the regulatory acts and collective agreements may be counted into the length of service with which certain labour rights or additional guarantees and privileges are associated under labour laws, other regulatory acts and collective agreements. Length of service may be: 1) general, covering all periods of time when the person was connected by employment legal relations as well as other periods that may be counted into the length of service; 2) special, covering the period of employment in any profession, speciality or in a certain office or under certain conditions of work and periods that may be counted into the special length of service; 3) length of service in a certain enterprise, agency or organisation which covers the period of employment with the respective employer and the periods which may be included into the above length of service. Change of the owner of the enterprise, agency or organisation or changes in their subordination, or change of their founders or names, also their merger, division, or take-over shall not affect the length of service in the respective enterprise, agency or organisation; 4) uninterrupted period of service covers the period of employment in one enterprise, agency organisation or several enterprises, agencies or organisations if the person was transferred from one workplace into another by agreement between the employers or on other grounds without interrupting the period of service or provided that the break in the period of service is within the prescribed time limits.
The procedure of calculation of the length of service, specified in this Article, paragraph 1, subparagraphs 2, 3 and 4, in enterprises, agencies and organisations financed from the state or municipal budgets shall be laid down by the Government and in other places of employment - by collective agreements. CHAPTER V CONTROL OVER COMPLIANCE WITH LABOUR LAWS Article
Bodies Exercising Control over Compliance with Labour Laws Control over the compliance with labour laws, other regulatory acts and collective agreements shall be exercised by state and non-state bodies. Article
State Control over Compliance with Labour Laws, Collective Agreements and Prevention of Violations Control over compliance with the regulatory provisions of this Code, labour laws, other regulatory acts and collective agreements shall be exercised and prevention of violations of the said acts shall be effected, according to the competence established by laws, by the State Labour Inspectorate and other institutions. Article
Non-state Control over Compliance with Labour Laws, Collective Agreements Non-state control over compliance with labour laws, other regulatory acts, collective agreements shall be exercised by trade unions, inspectorates within their chain of command and other institutions operating in accordance with laws and other regulatory acts. CHAPTER VI EXERCISING AND PROTECTING LABOUR RIGHTS Article
Grounds for Arising of Labour Rights and Obligations Labour rights and obligations may arise, change or expire: 1) under this Code and other laws, employment contracts, collective agreements and other covenants which, thought not stipulated by laws, are not contrary to them; 2) under court judgements; 3) under administrative acts which result in legal consequences in labour matters; 4) due to the damage inflicted; 5) due to legal facts. Article
Exercising Labour Rights and Fulfilling Labour Duties
While exercising their rights and fulfilling their duties employers, employees and their representatives are bound to comply with laws, observe the rules of communal life and act adhere to the principles of reasonableness, justice and honesty. Abuse of one's rights shall be prohibited.
Exercise of labour rights and fulfilment of labour duties may not violate other persons' rights and interests protected by law. It shall be prohibited to hinder the formation of trade unions by the employees and to interfere with the lawful activities of the unions. Article
Protection of Labour Rights
Labour rights shall be protected by laws except in cases when the rights are exercised in violation of their purpose, public interests, peaceful work, good customs or principles of public morals.
Labour rights shall be protected by the court or any other dispute resolution body in accordance with the procedure established by laws and in one of the following ways: 1) by recognising the said rights; 2) by restoring the situation that existed before the violation of the right and preventing performance of the acts which violate the right; 3) by obligating to perform the duty; 4) by terminating or modifying the legal relation; 5) by making the person guilty of violation of labour rights repair the property or moral damage inflicted or, in the cases prescribed by law, also exacting from the above person penalty or default payment; 6) in other ways established by laws.
By way of exception, only the courts shall have the prerogative to protect the labour rights under laws in the following ways: 1) by recognising as invalid the acts adopted by state institutions, municipalities or individual officers if the said acts are contrary to laws; 2) by not applying the act adopted by a state institution, municipality or individual officer, which is contrary to laws.
Labour rights shall be protected by trade unions according to the procedure established by the laws regulating their activities.
In the cases specially established by labour laws labour rights shall be protected according to the administrative procedure.
A person whose right has been violated may claim recovery of damages unless otherwise established by labour laws.
Labour honour and businesses repute shall be protected pursuant to the Civil Code except in cases where this Code or other laws establish other procedure and ways of protection of labour honour and business repute. Article
Protection of Labour Rights by the Employees themselves The employees shall be permitted to protect their labour rights without applying to the competent bodies only in the cases established by this Code. Article
Liability Liability for the violations of the rights and duties established by this Code shall be determined by this Code, laws, other regulatory acts, collective agreements and other covenants. PART II COLLECTIVE LABOUR RELATIONS CHAPTER VII GENERAL PROVISIONS Article
Reconciliation of Interests of Labour Relations Subjects In order to actualise social partnership, this Code and other laws shall establish that social partnership may be realised by way of bargaining and agreements. Article
Concept and Principles of Social Partnership
Social partnership means the system of interrelations between the employees’ and employers' representatives and their organisations and, in certain cases specified by this Code and other laws, also the system of interrelations between the state institutions with a view to reconciling the interests of the subjects of labour relations.
Social partnership shall be based on the following principles: 1) free collective bargaining; 2) voluntary and independent assumption of obligations binding the parties; 3) inviolability of the existing legal system; 4) actual fulfilment of the obligations; 5) furnishing of objective information; 6) mutual control and accountability; 7) equality of parties, goodwill and respect for lawful mutual interests. Article
Parties of Social Partnership Representatives of employees and employers and their organisations shall be considered to be parties of social partnership - social partners. In case of a tripartite social partnership the Government and municipal institutions shall participate in the partnership on an equal basis with the representatives of the employees and employers and their organisations. Article
Levels of Social Partnership
Social partnership may be developed on the following levels: 1) national; 2) sector (production, services, professional); 3) territorial (municipality, county); 4) enterprises, agencies, and their structural subdivisions. Article
Forms of Social Partnership
Social partnership shall be realised: 1) by forming tripartite or bipartite councils (commissions, committees); 2) by applying information and consultation procedures; 3) by conducting collective bargaining in order to conclude a collective bargaining agreement; 4) through the employees' participation in the enterprise management. Article
System of Social Partnership The system of social partnership shall be comprised of: 1) the Tripartite Council of the Republic of Lithuania; 2) other tripartite and bipartite councils (commissions, committees), formed according to the procedure established by laws or collective bargaining agreements. Article
Tripartite Council of the Republic of Lithuania
By agreement between the social partners the Tripartite Council of the Republic of Lithuania (hereinafter - Tripartite Council) shall be formed from equal number of members enjoying equal rights: representatives of central (national) trade unions, employers' organisations and the Government.
The functions, rights, procedure of formation, organisation of work of the Tripartite Council shall be established in the Regulations of the Tripartite Council. The Regulations shall be approved by the parties specified in paragraph 1 of this Article. The Regulations of the Tripartite Council shall be amended and supplemented according to the above-indicated procedure. The Regulations of the Tripartite Council, amendments and supplements to the Regulations shall come into force in the manner specified therein.
The Regulations of the Tripartite Council, amendments and supplements to the Regulations shall be published in "Valstybės žinios" (Official gazette).
The representatives of trade unions, employers' organisations and the Government shall furnish the Tripartite Council with the necessary information on the issues under consideration.
The Tripartite Council may conclude trilateral agreements on labour relations and social and economic conditions, also on the regulation of mutual relations between the parties to the agreement.
The Tripartite Council's agreements shall be published in "Valstybės žinios" by the Prime Minister's orders and shall come into force in the manner prescribed for the Government resolutions. Article
Other Trilateral and Bilateral Councils (Commissions, Committees)
Other trilateral or bilateral councils (commissions, committees) may be established according to the procedure prescribed by laws or collective bargaining agreements for addressing and resolving the issues of labour, employment, employee safety and health and social policy implementation on the basis of trilateral and bilateral co-operation on equal rights basis.
The procedure of formation of the above trilateral or bilateral councils (commissions, committees) and their functions shall be established in the regulations of the relevant councils (commissions, committees). In the cases stipulated by laws the regulations shall be approved by the Government or subjects of collective bargaining agreements. Article
Information and Consultation
Employees shall have the right to information and consultation.
The employer (employers' organisation) shall present all information relating to labour relations to the representatives of the employees and their organisations having regard to the level of social partnership.
Consultation shall mean discussions between the representatives of the employees and their organisations and the employers and their organisations on the adoption of certain covenants or joint decisions.
Information and consultation shall embrace: 1) information relating to the current and future activities of the enterprise and its economic and financial condition; 2) information on the current state and structure of labour relations, and potential changes in employment; 3) information about the measures application whereof is intended in case of a possible redundancy; 4) other information connected with labour relations and activities of the enterprise, unless this information is considered a state, official or commercial secret. 5.. The conditions and procedure of furnishing of information and consultation shall be established in collective bargaining agreements.
This Code shall guarantee the right of the employees of EU enterprises or groups of enterprises to receive information and consultations through the European Labour Councils. The status of the Councils, the conditions of their establishment and activities shall be determined by special laws of the Republic of Lithuania. Article
Collective Bargaining
The subjects of collective labour relations and their representatives shall co-ordinate their interests and settle disputes by way of negotiations. The party willing to negotiate shall present itself to the other party in the negotiations. The presentation shall be effected in writing and shall specify the reason for negotiations. The party seeking negotiations must present clearly formulated demands and proposals.
The parties shall agree on the opening and procedure of the negotiations. In case of failure by the parties to reach an agreement on the above issue, the negotiations must be conducted within two weeks from the day the other party received the presentation for negotiations.
Collective bargaining must be conducted in good faith and without delay.
Parties to the collective bargaining agreement and their representatives shall have the right to demand from the other party to submit information on all issues relating to the negotiations. The information must be presented within one month from the day it was requested, unless otherwise agreed by the parties.
The party which is bound to submit information shall have the right to demand that the other party should not disclose the submitted information on other grounds. Disclosure of the confidential information shall make the other party liable under law.
The parties shall consult on the received information, satisfaction of the submitted claims and their settlement procedure, the progress of negotiations and other issues.
Unless otherwise decided by the parties, the negotiations shall be deemed completed upon the signing of the collective agreement, drawing up of the protocol of disagreement or upon delivery by one of the parties to the other of a written notification of its withdrawal from the negotiations. Article
Types of Collective Agreements Collective agreements may be concluded on the following levels: 1) state (national) level; 2) sectoral (production, services, professional) level or territorial (municipality, county) level; 3) enterprise (agency, organisation) level or on the level of its structural subdivision. CHAPTER VIII NATIONAL, SECTORAL AND TERRITORIAL COLLECTIVE AGREEMENT Article
Contents of a National, Sectoral and Territorial Collective Agreement
A national, sectoral and territorial collective agreement shall be an agreement concluded in writing between the trade union organisations (association, federation, centre, etc.) and employers' organisations (association, federation, confederation, etc.).
A collective agreement concluded on a sectoral level shall define the socio-economic development trends of the sector, the conditions of labour organisation and remuneration for work as well as social guarantees of the employees (professional groups).
A collective agreement concluded on a territorial level shall specify the conditions of dealing with certain labour, socio-economic problems which reflect territorial peculiarities.
As a rule, the following shall be specified in a collective agreement concluded on the national, sectoral or territorial level: 1) terms and conditions of remuneration for work, working and rest time, safety and health of the employees; 2) system of remuneration for work in case of price increases or increasing inflation; 3) conditions of speciality acquisition, in-service training and retraining; 4) social partnership support measures which help to avoid collective disputes , strikes; 5) procedure for determining, changing and revising work quotas, time worked, supply of services, number of employees; 6) other labour, social and economic conditions which are important to the parties; 7) procedure for amending and supplementing the collective agreement, period of validity, control of execution, liability for the violation of the agreement, etc. shall be established in the labour agreement. Article
Parties to a National, Sectoral and Territorial Collective Agreement
Parties to a national collective agreement shall be the central (national) trade union organisations and employers' organisations.
Parties to a sectoral collective agreement shall be the trade union and employers’ organisations of an appropriate sector of industry (production, services, profession).
Parties to a territorial collective agreement shall be the trade union and employers’ organisations acting in the specified territory (municipality, county). Article
The Scope of Application a National, Sectoral or Territorial Collective Agreement
A national, sectoral and territorial collective agreement shall be applied in the enterprises whose employers: 1) were members of the associations of employers which signed the agreement; 2) joined the above associations after the signing of the agreement.
Where the provisions of a sectoral or territorial agreement are of consequence for an appropriate sector of production or profession, the minister of social security and labour may extend the scope of application of the sectoral or territorial collective agreement or separate provisions thereof, establishing that the agreement shall be applied with respect to the entire sector, profession, sphere of services or a certain territory if such a request has been submitted by one or several employees' or employers' organisations which are parties to the sectoral or territorial agreement.
Where several collective agreements are applicable in an enterprise, the provisions of the agreement which provide for more favourable conditions for the employees shall apply. Article
Procedure for Drawing up a National, Sectoral or Territorial Collective Agreement
The drawing up of a national, sectoral and territorial collective agreement according to the procedure established in Article 48 of this Code shall be initiated by the parties specified in Article 51 of the Code.
The procedure and time limits for drawing up, signing, supplementing and amending a national, sectoral and territorial collective agreement as well as other related issues shall be determined by the parties to the agreement. Article
Registration of a National, Sectoral or Territorial Collective Agreement
A national, sectoral and territorial agreement shall be subject to registration upon application. The registration procedure shall be established by the Government. The national, sectoral and territorial agreement shall be within twenty days from the signing thereof submitted for registration by the party - the employers' organisation.
If the employers' organisation fails to register the national, sectoral and territorial agreement within the time limit set in paragraph 1 of this Article, the other party to the agreement - the trade union - shall acquire the right to submit the national, sectoral and territorial agreement for registration. The trade union shall submit the national, sectoral and territorial agreement for registration within ten days from the expiry of the time limit specified in paragraph 1 of this Article. Article
Validity of a National, Sectoral and Territorial Agreement A national, sectoral and territorial agreement shall enter into force from the day of its registration and shall be valid until the date specified therein or until the conclusion of a new national, sectoral or territorial collective agreement. Article
Termination of a National, Sectoral and Territorial Agreement A national, sectoral and territorial agreement may be terminated in the cases and in accordance with the procedure established therein. Article
Control over the Implementation of a National, Sectoral and Territorial Agreement The implementation of a national, sectoral and territorial agreement shall be controlled by the parties to the agreement or persons authorised by them therefor as well as by the institutions for the control of compliance with labour laws. Article
Resolution of Disputes Arising during the Conclusion and Implementation of a National, Sectoral and Territorial Agreement Disputes arising over the conclusion and implementation of a national, sectoral and territorial agreement shall be resolved according to the procedure established in Chapter X of this Code. CHAPTER IX COLLECTIVE AGREEMENT OF AN ENTERPRISE Article
Collective Agreement of an Enterprise and the Scope of its Conclusion
A collective agreement of an enterprise shall be a written covenant between the employer and the staff of the enterprise about the work, remuneration for work and other social and economic conditions. A collective agreement of an enterprise shall be concluded in all types of enterprises, agencies and organisations.
A collective agreement concluded in an enterprise shall be applicable to all employees of the enterprise. Collective agreements may be concluded in branches, representative offices and structural subdivisions of enterprises in accordance with the procedure established by the collective agreement of the enterprise and within the scope of the said collective agreement.
The specific features of conclusion of a collective agreements of an enterprise in the national defence, police and state public administration services shall be established by laws regulating the activities of the respective services. Article
Parties to a Collective Agreement of an Enterprise
The parties to a collective agreement of an enterprise shall be the staff of the enterprise and the employer, who shall be represented, for the purposes of conclusion of the agreement, by the trade union acting in the enterprise and the manager of the enterprise or authorised administrative officers.
Where several trade unions are acting in an enterprise, the enterprise's collective agreement shall be concluded by the joint representation of the trade unions and the employer.
The joint representation of the trade unions shall be formed by agreement between the trade unions. If the trade unions fail to reach an agreement on the formation of a joint representation of the trade unions, the decision on the representation shall be adopted by a meeting (conference) of the employees.
If the enterprise has no acting trade union and if the staff meeting has not delegated the functions of representation and protection of the employees to the trade union of the appropriate sector of economic activity, the collective agreement may be concluded between the employer and the labour council in accordance with the regulations for the conclusion of collective agreements established in this Chapter. Article
Contents of Collective Agreement of an Enterprise
The parties to a collective agreement of an enterprise shall lay down in the agreement the work, professional, social and economic conditions and guarantees that are not regulated by laws and other regulatory acts or by a national, sectoral or territorial collective agreement or which are not contrary to the above-mentioned acts and do not make the position of the employees less favourable.
The following conditions may be included in the collective agreement of an enterprise: 1) conditions for conclusion, changing and termination of employment contract; 2) conditions of remuneration for work (provisions regarding wage rates, basic salaries, bonuses, additional pay, other benefits and compensatory allowances, systems and forms of remuneration for work and provision of incentives, setting of work quotas, indexing and payment of wages and salaries and settlement procedure as well as other provisions); 3)working time and rest time; 4) provision of safe and healthy working conditions, granting of compensatory allowances and other privileges; 5) acquisition of profession or speciality, in-service training, retraining, as well as related guarantees and privileges; 6) procedure for implementing the enterprise's collective agreement; 7) exchange of information and consultations between the parties; 8) other work, economic and social conditions and provisions which are of consequence for the parties. Article
Drafting of a Collective Agreement of an Enterprise and its Consideration
A commission shall be formed by the parties on parity grounds for drafting a collective agreement of an enterprise. The composition of the commission shall be given in the protocol of agreement of the parties. The date of signing of the protocol shall be considered to be the date of commencement of collective bargaining.
Commencing the negotiations, the parties shall discuss what information they will present, the time limit of presentation thereof, the procedure and time limit of drafting of the collective agreement of an enterprise.
If no agreement is reached on the information that must be furnished, on the procedure of drafting of the collective agreement, the time limit of negotiations, the contents of the enterprise's collective agreement, a protocol of disagreement shall be drawn up. The protocol shall specify the measures proposed by the parties with a view to eliminating the reasons of disagreement and the time limit for resuming the negotiations.
The draft of the enterprise's collective agreement approved by the parties shall be submitted to the employees' meeting (conference). If the meeting (conference) does not approve of the submitted draft, it will decide to either resume the negotiations or to initiate a collective labour dispute. A collective labour dispute may also be started in case of failure to eliminate disagreements specified in paragraph 3 of this Article. If the meeting (conference) of the employees approves of the enterprise's draft collective agreement, the agreement shall be signed by the representatives of the employer and employees.
The employees' meeting shall be lawful if attended by at least a half of the employees of the enterprise (structural subdivision), the conference - if attended by at least two thirds of the delegates. If the required number of employees (delegates) are not present at the meeting (conference), a repeat meeting (conference) of employees shall be convened within five days. A meeting shall be held valid if attended by one-fourth of the employees, and a conference - by a half of the delegates.
A meeting of the employees may be convened in the structural subdivisions of the enterprise according to the procedure laid down in the enterprise's collective agreement. Voting results shall be determined on the basis of the number of votes received at the said meetings.
Decisions shall be passed by majority vote of those present at the meeting (conference), voting, at the choice of the employees' meeting (conference delegates), by secret or open ballot. Article
Coming into Force and Period of Validity of a Collective Agreement of an Enterprise's
A collective agreement of an enterprise shall enter into force upon its signing, unless otherwise established in the agreement.
A collective agreement of an enterprise shall be valid until the signing of a new collective agreement of the enterprise or until the deadline set in the agreement. Where a fixed-term collective agreement of the enterprise has been concluded, the parties shall start negotiations for its renewal two months before the termination of its validity.
If an enterprise or a part thereof passes over from one employer who concluded a collective agreement of the enterprise to another employer, the provisions of the collective agreement shall be valid for the new employer as well.
If the enterprise files a petition for bankruptcy or initiates performance of extrajudicial bankruptcy procedure, the validity of the collective agreement of the enterprise shall be restricted based on laws. Article
Amendments and Supplements to the Collective Agreement of an Enterprise The procedure for amending and supplementing a collective agreement of an enterprise shall be established in the collective agreement of the enterprise. If the procedure has not been established, the collective agreement of the enterprise shall be amended and supplemented in the manner in which the agreement is concluded. Article
Termination of a Collective Agreement of an Enterprise A collective agreement of an enterprise may be terminated in the cases and according to the procedure specified in the agreement by any party after giving an at least three-month advance notice to the other party. Termination of a collective agreement of an enterprise before the lapse of a six months period after the coming into force of the agreement shall be prohibited. Article
Control over the Implementation of a Collective Agreement of an Enterprise
Control over fulfilment of the obligations under the collective agreement of an enterprise shall be exercised by the representatives of the parties as well as by the institutions authorised under laws.
Representatives of the parties to the collective agreement of an enterprise shall report to the meeting (conference) of the employees for the implementation of the agreement. The procedure and time limit of reporting shall be established in the agreement. Article
Procedure of Settlement of Disagreements and Disputes Arising during the Conclusion and Implementation of Collective Agreement of an Enterprise
Disputes arising during the negotiations for conclusion of a collective agreement of an enterprise also about the changing of the conditions established by laws, other regulatory acts or collective agreements or establishment of new work conditions shall be settled according to the procedure for settlement of collective labour disputes (conflicts of interests) (Chapter X of the Code).
Disputes between individual employees and the employer (administration) concerning failure to implement or improper implementation of the collective agreement of the enterprise shall be settled according to the labour disputes resolution procedure (Chapter XIX of the Code). CHAPTER X REGULATION OF COLLECTIVE LABOUR DISPUTES Article
Collective Labour Dispute A collective labour dispute means disagreements between the trade union of an enterprise and the employer or the subjects entitled to conclude collective agreements, arising about the establishment or changing of work, social and economic conditions when conducting the negotiations or when concluding and implementing the collective agreement (conflict of interests), in case of failure to meet the demands made and submitted by the parties according to the procedure established by this Code. Article
Submitting Demands
Demands to an employer, subjects of collective agreements may be submitted by: 1) the trade union of the enterprise or the joint representation of trade unions or organisations of trade unions; 2) the labour council if there is no trade union in the enterprise and if the staff meeting has not delegated the function of employee representation and protection to the trade union of a relevant sector of economic activity.
The demands must be exactly defined, motivated, set out in writing and handed in to the employer or subject of the collective agreement. Article
Consideration of Demands The entity to whom the demands are submitted shall consider the demands and within seven days from the receipt thereof communicate his decision in writing to the entity who made and submitted the demands. If the entity who made and submitted the demands finds the decision unsatisfactory, the parties may enlist the services of the mediation officer or refer the dispute for hearing according to the procedure established in Articles 73-77 of this Code. Article
Bodies Hearing Collective Labour Disputes Collective labour disputes shall be heard by: 1) Conciliation Commission; 2) Labour Arbitration or third party court Article
Formation of Conciliation Commission
The Conciliation Commission shall be formed from an equal number of authorised representatives of entities who made the demands and those to whom the demands were submitted. The number of Commission members shall be set by agreement between the parties. The Commission shall be formed within seven days from the day of refusal to meet the demands by the entity who received the demand or if no response was received during the said period.
If parties fail to reach an agreement on the number of Commission members, they shall at their discretion delegate their representatives to the Commission. Each party may have not more than five representatives on the Commission.
The Conciliation Commission shall elect its chairman and its secretary from its members. By agreement between the parties an independent mediation officer may be appointed chairman of the Conciliation Commission. Article
Hearing of Collective Dispute in the Conciliation Commission
Hearing of a dispute in the Conciliation Commission is a mandatory stage of collective dispute resolution.
The Conciliation Commission shall hear the collective dispute within seven days from the day of formation of the Conciliation Commission. The time limit may be extended by agreement between the parties.
Representatives of the parties shall have the right to invite specialists (consultants, experts, etc.) to the Commission meeting in which the labour dispute is heard.
The employer must provide the Conciliation Commission conditions for work: assign premises and furnish the necessary information. Article
Decision of the Conciliation Commission
Decisions of the Conciliation Commission shall be adopted by agreement between the parties, executed by drawing up a record and must be implemented by the parties within the time limit and according to the procedure specified in the decision.
If the Conciliation Commission fails to reach an agreement on all or part of the demands, the Commission may refer them for hearing to the Labour Arbitration, third party court or wind up the conciliation proceeding by drawing up a Protocol of Disagreement.
The decision of the Conciliation Commission shall be announced to the employees. Article
Labour Arbitration. Third Party Court
The Labour Arbitration shall be formed under district court within the jurisdiction whereof the registered office of the enterprise or the entity which has received the demands made in the collective dispute is located. The composition of the Labour Arbitration, the dispute resolution procedure and the procedure of execution of the adopted decision shall be specified by the Regulations of Labour Arbitration approved by the Government.
Parties to the collective dispute shall each appoint one or several arbitrators of the third party court and execute the appointment by a written contract. The procedure of dispute resolution and execution of the adopted decision shall be established by the Statute of Third Party Court approved by the Government.
The Labour Arbitration, the third party court shall within fourteen days resolve the collective dispute referred to them. The decisions of the Labour Arbitration and the third party court shall be binding upon the parties to the dispute. Article
Strike Strike means a temporary cessation of work by the employees or a group of employees of one or several enterprises if a collective dispute is not settled or a decision adopted by the Conciliation Commission, Labour Arbitration or third party court, which is acceptable to the employees, is not being executed. Article
Declaration of a Strike
The right to adopt a decision to declare a strike (including a warning strike) shall be vested in the trade union according to the procedure laid down in its regulations. A strike shall be declared if a corresponding decision is approved by secret ballot by: 1) two-thirds of the enterprise employees voting in favour of a strike in the enterprise; 2) two-thirds of the employees of a structural subdivision of the enterprise and at least a half of the employees of the enterprise who vote in favour of a strike in the structural subdivision of the enterprise.
The employer must be given an at least seven days' written notice of the beginning of the intended strike by communicating to him the decision adopted according to the procedure laid down in this Article. When a strike is declared, only the demands which were not met during the conciliation procedure may be put forward.
A warning strike lasting not longer than two hours may be held before the strike is declared . The employer must be given an at least seven days' written notice of the warning strike.
When a decision is taken to hold a strike (including a warning strike) in railway and public transport, civil aviation, communications and energy enterprises, health care and pharmaceutical institutions, food, water, sewage and waste disposal enterprises, oil refineries, enterprises with continuous production cycle and other enterprises cessation of work in which would result in grave and hazardous consequences for the community or human life and health, the employer must be given a written notice of the strike at least fourteen days in advance.
The decision to call a strike shall specify: 1) demands with respect to which the strike is called; 2) the beginning of the strike; 3) the body leading the strike. Article
Restrictions of Strikes
Strikes are prohibited in the internal affairs, national defence and state security systems, as well as in electricity, district heating and gas supply enterprises, first medical aid services. The demands put forward by the employees of the said systems and enterprises shall be settled by the Government, taking into account the opinion of the Tripartite Council.
Strikes shall be prohibited in natural disaster areas as well as in the area where state of martial law or state of emergency has been declared in accordance with the procedure established by law until the liquidation of the consequences of natural disaster or lifting of the state of martial law or state of emergency.
It shall be prohibited to declare a strike during the term of validity of the collective agreement if the agreement is complied with. Article
The Body Leading a Strike A strike shall be lead by the trade union or the strike committee formed by it. Article
Course of a Strike
The body leading a strike is bound to ensure together with the employer the safety of property and people.
During a strike in the enterprises, agencies, organisations specified in Article 77

(4)of this Code minimum conditions (services) necessary for meeting the immediate (vital) needs of the society must be ensured. Such minimum conditions (services) shall be determined by the Government in accordance with its competence, having regard to the opinion of the Tripartite Council or by the executive institution of a municipality upon consultation with the parties to the collective dispute. Fulfilment of the above conditions shall be ensured by the body leading the strike, the employer and the employees appointed by them.

In case of failure to fulfil the conditions specified in paragraph 2 of this Article, the Government or the executive institution of a municipality may enlist for the purpose the aid of other services. Article
Lawfulness of a Strike
When a strike is called, the employer or the entity to whom the demands have been submitted may apply to the court with a petition to declare the strike unlawful. The court shall hear the case within ten days.
The court shall declare a strike as unlawful if the objective of the strike contravenes the Constitution of the Republic of Lithuania, other laws or if the strike was declared in breach of the procedure and requirements laid down in this Code.
Upon the coming into effect of the court decision to recognise the strike as unlawful, the strike may not be commenced and the strike already in progress must be broken off immediately.
If there is a direct threat that the proposed strike will affect the provision of minimum conditions (services) required for meeting the essential (vital) needs of the society and this may endanger human life, health and safety, the court shall be entitled to cancel the proposed strike for a thirty day period or to suspend the strike that is in progress for the above-mentioned period. Article
Legal Position and Guarantees of the Employees on Strike
No one may be forced to join a strike or to refuse to take part in a strike. Where there is a strike, the performance of the employment contract with respect to striking employees shall be suspended, whereas their service shall be treated as continuous and they shall retain their social protection under the state social insurance scheme.
Employees who are parties to a strike shall not be paid any remuneration, they shall be released from their obligations to perform their work functions. An agreement may be reached during the negotiations for the breaking off of the strike that the striking employees will be paid the full amount or part of their wage or salary.
Non-striking employees who are unable to perform their work by reason of the strike shall be paid for the involuntary idle time or they may be transferred upon their agreement to another job. Article
Actions Prohibited to the Employer upon Declaration of a Strike
After a decision has been taken to call a strike and during the strike the employer shall be prohibited from: 1) taking any unilateral decision to fully or in part stop the work (activities) of the enterprise (agency, organisation) or the work (activities ) of a structural division; 2) preventing all employees or those who have been assigned from coming to their work place; 3) refusing to provide the employees with work or instruments; 4) creating other conditions which may completely or in part stop the work of the entire enterprise, agency, organisation or the work (activities) of its separate units; 5) making other decisions interfering with normal work (activities) of the enterprise, agency, organisation.
When there is a strike, the employer shall be prohibited from employing other persons to perform the work of the striking employees, except in cases specified in Article 80

(3)of this Code. Article

Ending of a Strike
A strike shall end:
after all demands have been met;
after the parties reach an agreement during the ongoing strike to break off the strike under certain conditions;
after the trade union which organised the strike recognises that it is inexpedient to continue the strike.
After all demands have been met, the decision to break off a strike shall be made by the trade union which declared the strike. The date of resumption of work must be indicated in the written decision to break off the strike. Article
Liability
In case of an unlawful strike the losses incurred by the employer must be compensated by the trade union with its own funds or from its assets, if it declared and led the strike or if the strike was led by the strike committee formed by it.
If the funds of the trade union prove insufficient to compensate for the losses, the employer may by his decision use the funds set aside under the collective agreement for the payment to the employees of bonuses, other additional benefits and compensatory payments not provided for by laws .
A disciplinary action may be taken against managers and other officers of an enterprise or a structural subdivision who are to blame for the causes of the strike or who failed to implement or delayed the implementation of the decision made by the conciliation commission (labour arbitration, third party court), violated the requirements of Article 83 of this Code, also they may be subject to liability in the amount of up to six monthly salaries if through their fault damage has been caused to the employers.
Damage inflicted by the strike on other natural or legal persons shall be compensated for in accordance with the laws in force. PART III INDIVIDUAL EMPLOYMENT RELATIONS . CHAPTER XI EMPLOYMENT Article
Exercising the Right to Work Persons shall exercise the right to work by concluding employment contracts directly with the employers or through the mediation of employment agencies. Article
Concept of Employment Employment means a system of legal, economic or organisational measures provided by state, municipal or other enterprises, agencies, organisations helping to conclude employment contracts. Article
Employment Agencies
Mediation services in employment shall be provided free of charge by the Lithuanian Labour Exchange under the Ministry of Social Security and Labour (hereinafter - Lithuanian Labour Exchange). The Lithuanian Labour Exchange shall consist of the National and territorial labour exchanges.
Mediation in employment services may also be provided by other enterprises, agencies, organisations whose regulations or founding agreements contain a corresponding provision. Article
Information on Job Vacancies
Employers who are in search of employees must inform the territorial labour exchanges about the job vacancies, work functions and nature of work, remuneration for work and other terms and conditions as well as well as qualifications requirements for the applicants.
The territorial labour exchanges shall register job vacancies, make public announcements thereof and offer them to persons looking for work. Article
Mediation in Employment Abroad Mediation in the employment of citizens abroad is the exclusive right of the state. The right shall be implemented by the Lithuanian Labour Exchange. Other enterprises, agencies and organisations may act as mediators in employment of citizens abroad only provided they possess licences issued by the institution authorised by the Government. Article
The Unemployed
The unemployed are the able-bodies persons who are not employed, are not day students at educational institutions, have insufficient means of subsistence, have registered with a territorial labour exchange as looking for work and ready to accept a job offer or undergo vocational training.
The forms of employment services provided and support offered to the unemployed shall be established by a special law. Article
Persons Provided Additional Guarantees in the Labour Exchange
Unemployed persons who have or may have additional difficulties in finding work due to their lack of qualification or work experience, long-term unemployment or loss of functional capacity may be provided additional guarantees when being admitted to work:
The following persons shall be provided additional guarantees in the labour market: 1) persons with disability; 2) persons in the 16-25 age group who take their first employment; 3) long term unemployed, whose period of unemployment since their registration with the territorial labour exchange is over two years; 4) persons who have not more that five years until their entitlement to old age pension; 5) a single parent caring for a child under eight years of age; 6) persons released from places of imprisonment, if their term of imprisonment was longer than 6 months; 7) graduates of vocational schools, schools of advanced and higher education who are starting their working career in their speciality.
The conditions of provision of additional guarantees in case of admittance to work and the procedure of application thereof shall be established by special laws. Chapter XII Employment Contract Section One Content and Conclusion of an Employment Contract Article
Concept of an Employment Contract An employment contract shall be an agreement between an employee and an employer whereby the employee undertakes to perform work of a certain profession, speciality, qualification or to perform specific duties in accordance with the work regulations established at the workplace, whereas the employer undertakes to provide the employee with the work specified in the contract, to pay him the agreed wage and to ensure working conditions as set in labour laws, other regulatory acts, the collective agreement and by agreement between the parties. Article
Content of an Employment Contract
The content of an employment contract shall be the conditions of the contract agreed by the parties thereto, which define the rights and obligations of the parties.
The parties may not establish working conditions, which are less favourable to the employee than those provided by this Code, laws, other regulatory acts and the collective agreement. If the conditions of the employment contract are contrary to this Code, law or the collective agreement the provisions laid down in this Code, laws, regulatory acts or the collective agreement shall apply. Any dispute concerning the application of the conditions of the employment contract shall be settled by labour dispute resolution bodies. Article
Conditions of an Employment Contract
In every employment contract, the parties must agree on the essential conditions of the contract: the employee’s place of work (enterprise, establishment, organisation, structural subdivision, etc.), and job functions, i.e. on work of a certain profession, speciality, qualification, or specific duties.
In respect of certain types of employment contracts labour laws and collective agreements may also provide for other essential conditions, which shall be agreed by the parties in concluding such an employment contract (agreement on the term of the contract, the nature of seasonal work, etc.).
In every employment contract, the parties shall agree on the conditions of remuneration for work (system of remuneration for work, amount of wages, payment procedure, etc.).
Other conditions of an employment contract may be established by agreement between the parties unless labour laws, other regulatory acts or the collective agreement prohibit doing so (trial, combination of professions, liability, etc.). Article
Guarantees upon Admitting to Work
It shall be prohibited to refuse to employ: 1) on the grounds specified in Article 2

(1)

(4)of this Code; 2) if there is a written agreement between employers concerning the transfer of an employee to another workplace; 3) in other cases provided by laws.

Refusal to employ in the cases specified in paragraph 1 of this Article may be contested in court not later than within one month.
In the event that the refusal to employ is established by the court to be unlawful, the employer shall be obligated by the court order to employ this person and to pay him compensation in the amount of the minimum wage for the period from the day of refusal to employ him to the day of the execution of the court order. Article
Restrictions on Admittance to Work
Restrictions on admittance to work may be imposed only by laws.
Persons, who are connected by close blood relationship or by marriage (parents, adoptive parents, brothers, sisters and their children, grandparents, spouses, children, adopted children, their spouses and children, as well as spouses’ parents, brothers, sisters and their children), shall be prohibited from holding the office of servants at one state and municipal institution and a state or municipal enterprise, if their service also involves direct subordination of one of them to the other, or the right of one of them to control the other.
The provisions laid down in paragraph 2 of this Article shall not apply to servants the service whereof is subject to laws regulating public service relations. Article
Illegal Work
Illegal work shall mean work: 1) performed without the conclusion of an employment contract although the characteristics of an employment contract specified in Article 93 of this Code are present; 2) performed by foreign citizens and stateless persons failing to comply with the procedure of their employment established by regulatory acts.
Illegal work shall not include assistance (help) and voluntary works. Their conditions and performance procedure shall be established by the Government.
Employers or their authorised persons, who have permitted to perform illegal work, shall be liable in accordance with the procedure prescribed by laws. Article
Conclusion of an Employment Contract
An employment contract shall be deemed concluded when the parties have agreed on the conditions of the employment contract (Article 95 of the Code).
An employment contract must be concluded in writing according to the model form. A written employment contract shall be drawn up in two copies. The employment contract shall be signed by the employer or his authorised person and the employee. One signed copy of the employment contract shall be handed to the employee, whereas the other copy shall be kept by the employer. The employment contract shall, on the same day, be registered in employment contracts record book. Such a book shall not be mandatory where an employer is a natural person employing three and less employees. Not later than before the commencement of work, the employer shall, together with the second copy of the employment contract, issue an identity card (work certificate) to the employee. The model form of an employment contract, registration rules, as well as the form of an employee’s identity card, the procedure for its issuance, carrying and presentation to control institutions shall be established by the Government.
An employer shall ensure that an employee is allowed to work only upon signing an employment contract with him, giving him the second copy of the contract and issuing him an identity card. An employer shall be responsible for proper drawing up of an employment contract.
When concluding an employment contract, the employer or his authorised person must introduce the person being employed to the conditions of his potential work, the collective agreement, work regulations, other acts regulating his work, which are in force at the workplace.
Unless otherwise agreed by the parties, the employee must commence his work on the next day following the conclusion of the employment contract. Article
Preconditions for an Employment Contract Labour laws, other regulatory acts and collective agreements may provide that appointment to certain posts is made by way of competition, elections or upon passing qualification examinations. Article
Competition
Appointments by way of competition may be made to positions of managers and specialists, as well as such posts, which may be held by persons, who have certain skills or are subject to special intellectual, physical, medical or other requirements.
The list of competitive positions and the procedure of competitions in state and municipal enterprises shall be established by the Government. Lists of competitive positions and competition regulations at other workplaces shall be approved by an employer or his authorised person taking into account the opinion of representatives of employees.
In the cases specified in competition regulations a person may be appointed to a position included on the list of competitive positions under a fixed-term employment contract but for a period not exceeding one year. Article
Elective Posts
Posts to which appointments must be made by way of elections and the procedure of elections shall be established by laws regulating the activities of a certain type of enterprises, establishments and organisations, as well as by regulations of those enterprises, establishments and organisations.
Collective agreements may provide that appointments by way of elections must also be made to posts that are not specified in regulatory acts referred to in paragraph 1 of this Article. Article
Qualification Examinations
Persons applying to hold a post or to perform work, which requires special knowledge, may be required to pass qualification examinations.
Qualification requirements and the procedure of examinations at state and municipal enterprises, establishments and organisations shall be established by the Government or an institution authorised by it. At other workplaces, qualification requirements shall be established by an employer, whereas the procedure of qualification requirements shall be established by an employer taking into account the opinion of representatives of employees. Article
Documents Required upon Admitting to Work
An employer must require a person being employed to present his personal identification document and state social insurance certificate.
If labour laws make admittance to work conditional upon certain education or vocational training, health status, an employer must require a person being employed to submit documents confirming his education, vocational training and health status; in the case of employing a minor from 14 to 16 years of age – his birth certificate, the written consent of his school and of one of the child’s parents or his another statutory representative, as well as permission of his attending paediatrician. An employer shall also be entitled to require other documents provided by laws. Article
Trial upon Concluding an Employment Contract
Upon concluding an employment contract, the parties may agree on a trial. It may be set to assess the suitability of an employee for the agreed work, as well as, at the request of a person taking on a job, the suitability of this job for him. The condition concerning a trial shall be set in an employment contract.
During a trial period an employee shall be subject to all labour laws.
A trial to assess the suitability of an employee for the agreed work shall not be established when employing persons: 1) under 18 years of age; 2) to a post by competition or elections, as well as those who have passed qualification examinations for a post; 3) transferred, by the agreement between employers, to work for another employer; 4) in other cases specified by labour laws. Article
Trial Period
A trial period shall not be longer than three months.
In order to assess the suitability of an employee for the agreed work, longer trial periods, but not exceeding six months, may be applied in the cases specified by laws.
A trial period shall not include periods when an employee was absent from work. Article
Results of Trial
If an employer recognises that the results of a trial to assess the suitability of an employee for the assigned task are unsatisfactory, he may dismiss the employee from work before the expiry of the trial period by giving the employee written notice thereof three days in advance, without paying him a severance pay.
If a trial is set to assess the suitability of work for an employee, the evaluation of the trial depends on the employee’s will. The employee shall be entitled to terminate the employment contract during the trial period by giving the employer written notice thereof three days in advance.
If the employee continues working upon the expiry of the trial period, the termination of the employment contract shall be allowed only on general grounds specified in Section Four of this Chapter. Section two Types of Employment Contracts Article
Types of Employment Contracts
Employment contracts may be: 1) non-term; 2) fixed-term, temporary, seasonal; 3) on additional work, secondary job; 4) with homeworkers; 5) on the supply of services; 6) other.
As a rule, an employment contract shall be concluded for an indefinite period of time (non-term). Article
Fixed-term Employment Contract
A fixed-term employment contract may be concluded for a certain period of time or for the period of the performance of certain work, but not exceeding five years.
It shall be prohibited to conclude a fixed-term employment contract if work is of a permanent nature, except for the cases when this is provided by laws or collective agreements.
A fixed-term employment contract with employees, who are elected to their posts, shall be concluded for the term they are elected for, while a fixed-term employment contract with employees, who are appointed to their posts in accordance with laws or regulations of an enterprise, establishment or organisation, shall be concluded for the term of office of these elective bodies. Article
Determination of the Term of an Employment Contract
The term of an employment contract may be determined until a specific calendar date or the occurrence, change or cessation of specific circumstances.
If the term of an employment contract is not specified therein or is specified unduly, the employment contract concerned shall be considered non-term. Article
Effects of the Expiry of a Fixed-term Employment Contract
If the term of an employment contract has expired, whereas employment relations are actually continued and neither of the parties has, prior to the expiry of the term, requested to terminate the contract (Article 126 of the Code), it shall be considered extended for an indefinite period of time.
A fixed-term employment contract shall become a non-term contract when the circumstances in respect whereof the term of the contract has been defined cease to exist during the period of employment relations (an employee does not return to work after his leave, etc.).
If an employment contract, upon the expiry of its term, is not extended or is terminated, but within one month from the day of its termination another fixed-term employment contract is concluded with the dismissed employee for the same work, then, at the request of the employee, such a contract shall be recognised as concluded for an indefinite period of time, except for the cases established in Articles 109

(2)and

(3)of this Code. Related disputes shall be settled by labour dispute resolution bodies. If an employment contract is recognised as non-term, a break in employment shall be included in the continuous length of service of the employee at the same workplace. Article

Seasonal Employment Contract
A seasonal employment contract shall be concluded for the performance of seasonal work. Seasonal work shall be such work, which due to natural and climatic conditions is performed not all year round, but in certain periods (seasons) not exceeding eight months (in a period of twelve successive months), and is entered on the list of types of seasonal work.
The list of types of seasonal work, the characteristics of the conclusion, change and termination of a seasonal employment contract, as well as of working time, rest time and pay for work shall be established by the Government pursuant to this Code. Article
Temporary Employment Contract
A temporary employment contract shall be an employment contract concluded for a period not exceeding two months.
Grounds for the conclusion of a temporary employment contract (circumstances under which a temporary employment contract may be concluded), the characteristics of the change and expiry of such a contract, as well as of the working and rest time of temporary workers shall be established by the Government. Article
Contract on Additional Work and Secondary Job
Unless it is prohibited by laws, an employee may make an arrangement to perform certain additional duties or certain additional (not agreed in the contract) work at the same workplace.
An employee may perform secondary duties or do a second job at another workplace unless it is prohibited by laws or other regulatory acts. The characteristics of employment contracts on secondary duties (job) shall be established by the Government and collective agreements. Article
Employment Contract with Homeworkers An employment contract may establish that an employee will perform the job functions agreed therein at home. The characteristics of employment contracts with homeworkers shall be established by the Government and collective agreements. Article
Contract on the Supply of Services A contract on the supply of services shall be an employment contract whereby an employee undertakes to supply personal household services to his employer. The characteristics of this type of employment contracts shall be established by the Government. Article
Characteristics of Other Types of Employment Contracts The characteristics of employment contracts with employees of farmer’s farms and other agricultural entities, employees of special purpose enterprises the activities whereof may cause disruption in the operations of these enterprises related to particularly serious consequences to people and nature, as well as of contracts concluded in other cases specified by laws shall be established by collective agreements and legal acts regulating employment contracts of these types in accordance with the procedure prescribed by this Code and other laws. Section three Performance of an Employment Contract Article
Employee’s Duty to Perform his Assignment by himself An employee shall have no right to delegate his work to another person without the consent of his employer or his authorised person. Article
Prohibition against Requiring to Perform any Work not Agreed in an Employment Contract An employer shall have no right to require an employee to perform any work not agreed in an employment contract, except for the cases established in this Code. Any additional work or duties must be agreed upon and stipulated in an employment contract. Article
Changing the Conditions of an Employment Contract
In the event of changes in production, its scope, technology or labour organisation, as well as in other cases of production necessity, an employer shall be entitled to change the conditions of an employment contract. If an employee does not agree to work under the changed working conditions, he may be dismissed from work under Article 129 of this Code in accordance with the established procedure for terminating an employment contract.
The conditions of an employment contract set in Articles 95

(1)and

(2)of this Code may be changed with the prior written consent of an employee, except for the cases established in Article 121 of this Code.

An employer may change the conditions of remuneration for work without the written consent of an employee only in the case when remuneration for a specific sector of economy, enterprise or category of employees is changed by laws, Government resolutions or under the collective agreement. In the event of changes in the conditions of payment remuneration, wages shall not be reduced without the written consent of an employee. Article
Temporary Changes in Working Conditions in Cases of Emergency
An employer shall have the right to transfer an employee for a period of up to one month to another work not agreed in an employment contract in the same location, as well as to change other conditions laid down in Articles 95

(1)and

(2)of this Code, when it is necessary to prevent a natural disaster or industrial emergency, to respond to it or immediately eliminate its consequences, to prevent accidents, to fight fire and in other cases of emergency that have not been anticipated.

It shall be prohibited to transfer an employee to such work, which is not permitted due to the employee’s health status.
In the cases specified in paragraph 1 of this Article an employee shall be paid a wage according to the work performed. If, upon the transfer of an employee to another work, his wage decreases for the reasons beyond his control, the employee shall retain the average wage of his previous work. Article
Transfer to Another Work in the Case of Idle Time
Idle time without any fault on the part of an employee shall be a situation at the workplace when an employer does not provide an employee with the work agreed in an employment contract for certain objective reasons (industrial, etc.).
Taking into account their profession, speciality, qualification and health status, employees shall be transferred to another work with their written consent for the period of idle time. Upon the consent of employees, they may be transferred to another work without taking into account their profession, speciality and qualification.
The employees transferred to another work due to idle time shall be remunerated in accordance with the procedure established in Article 195 of this Code. Article
Suspension from Work
If an employee comes to work intoxicated with alcohol, narcotic or toxic substances, an employer shall not allow him working on that day (shift) and shall suspend his wage. In other cases an employer may suspend an employee from work (duties) only on the grounds established by laws.
An employer shall suspend an employee from work without paying him any wage at the written request of officials or bodies entitled to suspension by law. It shall specify the period for which the employee is suspended, the reason and legal ground for suspension.
A suspended employee shall, with his consent, be transferred to another work, provided such transfer does not contradict the purpose of suspension.
Upon the expiry of the period of suspension, the employee shall be reinstated in his former position, provided that suspension has not given grounds to terminate the employment contract.
If the employee has been suspended from work (duties) at the request of the employer or officials from duly authorised bodies without good cause, he shall be entitled to claim damages in accordance with the procedure prescribed by laws. Section four Expiry of an Employment Contract Article
Grounds for the Expiry of an Employment Contract An employment contract shall expire: 1) upon the termination thereof on the grounds established by this Code and other laws; 2) upon the liquidation of an employer without legal successor; 3) upon the death of an employee. Article
Termination of an Employment Contract by Agreement between the Parties
One party to an employment contract may offer in writing the other party to terminate the employment contract by agreement between the parties. If the latter accepts the offer, it must, within seven days, notify thereof the party, which has put forward the offer to terminate the employment contract. Having agreed to terminate the contract, the parties shall conclude a written agreement on the termination of the contract. This agreement shall indicate the date when the contract shall be terminated as well as other conditions of the termination of the contract (compensation, granting of unused leave, etc.).
If the other party fails, within the time period established in paragraph 1 of this Article, to inform that it agrees to terminate the contract, the offer to terminate the employment contract by agreement between the parties shall be considered rejected. Article
Termination of an Employment Contract upon its Expiry
Upon the expiry of an employment contract an employer or employee shall be entitled to terminate the employment contract.
If neither of the parties terminates the employment contract, the contract shall be considered to become non-term. Article
Termination of an Employment Contract upon the Notice of an Employee
An employee shall be entitled to terminate a non-term employment contract, as well as a fixed-term employment contract prior to its expiry by giving his employer written notice thereof at least 14 days in advance. The collective agreement may set a different period of notice, but it shall not exceed one month. Upon the expiry of the period of notice, the employee shall be entitled to terminate his employment, whereas the employer must execute the termination of the employment contract and settle accounts with the employee.
An employee shall be entitled to terminate a non-term employment contract, as well as a fixed-term employment contract prior to its expiry by giving his employer notice thereof at least three days in advance, where his request to terminate the employment contract is justified by the employee’s illness or disability restricting proper performance of work, or for other valid reasons established in the collective agreement, or where the employer fails to fulfil his obligations under the employment contract, violates laws or the collective agreement. An employee shall be entitled to terminate a non-term employment contract by giving his employer notice thereof at least three days in advance, provided he is already entitled to the full old age pension or is in receipt thereof. In such cases the employment contract must be terminated from the date indicated in the request of the employee.
An employment contract may stipulate the following: if the employment contract is terminated upon the employee’s notice without valid reason (paragraph 1 of this Article), the employee shall undertake to compensate the employer for the expenses incurred by him during the last working year in relation to the employee’s training, in-service training, study visits, etc.
An employee shall be entitled to withdraw his request to terminate the employment contract not later than within three days of the submission of the request. Afterwards he may withdraw his request only with the consent of the employer. Article
Termination of an Employment Contract due to Circumstances beyond the Employee’s Control
An employee shall be entitled to terminate a non-term employment contract, as well as a fixed-term employment contract concluded for a period exceeding six months, if the idle time at the employee’s workstation during the working time set in the employment contract without any fault on the part of the employee concerned lasts for over 30 successive days, or if it amounts to over 60 days in the last twelve months, as well as if the employee is not paid his full work pay (monthly wage) for over two successive months.
The employment contract must be terminated from the date indicated in the employee’s request. This date must be at least three days after the submission of the request. Article
Termination of an Employment Contract on the Initiative of an Employer without any Fault on the Part of an Employee
An employer may terminate a non-term employment contract with an employee only for valid reasons by giving him notice thereof in accordance with the procedure established in Article 130 of this Code. The dismissal of an employee from work without any fault on the part of the employee concerned shall be allowed if the employee cannot, with his consent, be transferred to another work.
Only the circumstances, which are related to the qualification, professional skills or conduct of an employee, shall be recognised as valid. An employment contract may also be terminated on economic, technological grounds or due to the restructuring of the workplace, as well as for other similar valid reasons.
A legitimate reason to terminate employment relations shall not be: 1) membership in a trade union or involvement in the activities of a trade union beyond the working time or, with the consent of the employer, also during working time; 2) performance of the functions of an employees’ representative at present or in the past; 3) participation in the proceedings against the employer charged with violations of laws, other regulatory acts or the collective agreement, as well as application to administrative bodies; 4) gender, sexual orientation, race, nationality, language, origin, citizenship and social status, belief, marital and family status, convictions or views, membership in political parties and public organisations; 5) age, except for the cases when an employee is already entitled to the full old age pension or is in receipt thereof; 6) absence from work when an employee is performing military or other duties and obligations of the citizen of the Republic of Lithuania in the cases established by laws.
An employment contract with employees, who will be entitled to the full old age pension in not more than five years, persons under 18 years of age, disabled persons and employees raising children under 14 years of age may be terminated only in extraordinary cases where the retention of an employee would substantially violate the interests of the employer.
Pursuant to the provisions of this Article and Article 130, an employer shall be entitled to terminate a fixed-term employment contract before the expiry thereof only in extraordinary cases where the employee cannot, with his consent, be transferred to another work, or upon the payment of the average wage to the employee for the remaining period of the employment contract. Article
Notice of the Termination of an Employment Contract
An employer shall be entitled to terminate an employment contract by giving the employer written notice two months in advance. Employees referred to in Article 129

(4)of this Code must be given notice of dismissal from work at least four months in advance.

The notice of the termination of an employment contract must specify: 1) reason for dismissal from work and motivations for the termination of the employment contract; 2) date of dismissal from work; 3) procedure for settling accounts with the employee being dismissed.
During the period of notice the employer must grant the employee some time off from work to seek for a new job. The length of time shall not be less than ten percent of the employee’s rate of working time during the term of notice. Time off from work shall be granted in accordance with the procedure agreed between the employee and the employer. The employee shall retain his average wage for this time.
In the event of the intended dismissal of employees on economic or technological grounds, as well as due to the restructuring of the workplace, the employer must, prior to giving notice of the termination of an employment contract, hold consultations with representatives of employees (Article 19 of the Code) in order to avoid or mitigate the negative effects of intended restructuring. Conclusions of consultations shall be executed by drawing up a record. It shall be signed by the employer and representatives of the representative body of the staff.
In the event of reduction in the number of employees or cessation of the operations of an enterprise in accordance with the procedure prescribed by laws, an employer must, within two months, notify in writing the territorial labour exchange, the municipal institution and representatives of the enterprise’s employees (Article 19 of this Code) when the employer intends to make redundant within 30 calendar days: 1) ten and more employees where an enterprise employs up to 99 employees; 2) over ten percent of employees where an enterprise employs 100 to 299 employees; 3) 30 and more employees where an enterprise employs 300 and more employees.
Cases when a group of employees working under fixed-term employment contracts and seasonal employment contracts are dismissed without violating the term set in those contracts shall not be treated as collective dismissal. The procedure and characteristics of collective dismissal shall be established by the Government.
Notice shall become invalid if more than a month, exclusive of the period of the temporary disability and leave of an employee, lapses after the expiry of its term.
If an employee is dismissed from work before the expiry of the term of notice, the date of his dismissal shall be carried over to the date when the term of notice should have expired. Article
Restrictions on the Termination of an Employment Contract
It shall be prohibited to give notice of the termination of an employment contract and to dismiss from work: 1) an employee during the period of temporary disability (Article 133 of the Code), as well as during his leave, except for the cases specified in Article 136

(1)of this Code; 2) an employee called up to fulfil active national defence service or other duties of the citizen of the Republic of Lithuania, except for the cases specified in Article 136

(1)of this Code; 3) in other cases specified by laws.

If an employee fails to come to work upon the expiry of the periods specified in paragraph 1 of this Article, his employment contract may be terminated on the grounds for the termination of an employment contract as set in this Section. Article
Guarantees to Pregnant Women and Employees Raising Children
An employment contract may not be terminated with a pregnant woman from the day on which her employer receives a medical certificate confirming pregnancy, and for another month after maternity leave, except for the cases specified in Articles 136

(1)and

(2)of this Code.

Employment contracts with employees raising a child (children) under three years of age may not be terminated without any fault on the part of the employee concerned (Article 129 of the Code). Article
Guarantees to Employees who have Contracted a Disease or have been Injured at Work
Employees, who have lost their functional capacity as a result of injury at work or occupational disease, shall retain their position and duties until they recover their functional capacity or a disability is established. An employment contract with an employee having an established disability may be terminated subject to the provisions laid down in this Section.
Employees, who have temporarily lost their functional capacity for reasons other than those specified in paragraph 1 of this Article, shall retain their position and duties if they are absent from work due to temporary loss of functional capacity for not more than 120 successive days or for not more than 140 days within the last 12 months, unless laws and other regulatory acts provide that in the case of a specific disease the position and duties shall be retained for a longer period.
The periods specified in paragraph 2 of this Article shall not include the period during which an employee was in receipt of a state social insurance benefit for attending a family member or an allowance in cases of epidemic diseases. Article
Guarantees to Representatives of Employees
Employees, who are elected to representative bodies of employees (Article 19 of this Code), may not be dismissed from work under Article 129 of this Code without the prior consent of the body concerned during the period for which they have been elected.
The representative body must take a decision as to whether to satisfy the employer’s application for its consent to the dismissal of a representative of employees within 14 days from the receipt of the said application. The representative body of employees shall express its consent or refusal to give its consent to the dismissal of an employee in writing. If the representative body of employees fails to reply to the employer within this period, the employer shall be entitled to terminate the employment contract.
The employer shall be entitled to contest the refusal of the representative body of employees to give its contest to the dismissal of the representative of employees in court. The court may reverse such a decision if the employer proves that this decision substantially violates his interests.
The collective agreement may provide that the guarantee laid down in paragraph 1 of this Article shall also apply to other employees. In the cases specified in laws or collective agreements employees may not be dismissed from work without the consent of other bodies as well.
The consent of the representative body of employees shall be effective until the expiry of the terms of notice of the termination of an employment contract as set in Article 130 of this Code. An employee, who has been dismissed from work in violation of the requirements laid down in this Article, must be reinstated in his former position by a decision of the labour dispute resolution body. Article
Right of Priority to Retain the Job in the Case of Redundancy
In the event of reduction in the number of employees on economic or technological grounds or due to the restructuring of the workplace, the right of priority to retain the job shall be enjoyed by those employees: 1) who sustained an injury or contracted an occupational disease at that workplace; 2) who are raising children (adopted children) under 16 years of age alone or caring for other family members recognised as the disabled of group I or II; 3) whose continuous length of service at that workplace is at least ten years, with the exception of employees, who have become entitled to the full old age pension or are in receipt thereof; 4) who will be entitled to the old age pension in not more than three years; 5) to whom such a right is granted in the collective agreement; 6) who are elected to the representative bodies of employees (Article 19 of the Code).
The priority to retain the job as set in paragraphs 1

(2),

(3),

(4)and

(5)of this Article shall apply only to those employees whose qualification is not below the qualification of the other employees of the same speciality, who work in that enterprise, establishment or organisation. Article

Termination of an Employment Contract without Notice
An employment contract must be terminated without notice in the following cases: 1) upon an effective court decision, or when a court judgement whereby an employee is imposed a sentence, which prevents him from continuing his work, becomes effective; 2) when an employee is deprived of special rights to perform certain work in accordance with the procedure prescribed by laws; 3) upon the demand of bodies or officials authorised by laws; 4) when an employee is unable to perform these duties or work in accordance with an opinion of the medical commission or the commission for the establishment of disability; 5) when an employee under 14 to 16 years of age, one of his parents, or the child’s statutory representative, or his attending paediatrician, or the child’s school demand that the employment contract be terminated; 6) upon the liquidation of an employer, if under laws his labour obligations were not placed on another person.
An employment contract shall expiry upon the death of an employer if the contract was concluded for the supply of services to him personally, as well as when the employer has no legal successor.
An employer shall be entitled to terminate an employment contract without giving an employee prior notice thereof: 1) when the employee performs his duties negligently or commits other violations of labour discipline provided that disciplinary sanctions were imposed on him at least once during the last 12 months; 2) when the employee commits one gross breach of duties (Article 235 of the Code).
Upon terminating an employment contract under paragraph 3 of this Article, an employer must observe the rules for imposing disciplinary sanctions (Chapter XVI of the Code). Article
Termination of an Employment Contract in the Case of the Bankruptcy of an Employer Upon the commencement of the employer’s bankruptcy procedure, employment contracts may be terminated in accordance with the provisions of bankruptcy laws. In such cases the provisions of this Section shall only be applicable when respective issues are not regulated by bankruptcy laws. Article
Restrictions on the Termination of an Employment Contract during the Reorganisation of an Enterprise Changes of the owner of an enterprise, establishment or organisation, the subordination, founder or name thereof, any merger by forming a new enterprise, establishment or organisation, division by forming new enterprises, establishments or organisations, division by acquisition or merger by acquisition may not be a legitimate reason to terminate employment relations. Article
Elimination of Contradictions of an Employment Contract to Laws
Where constituent part(s) of an employment contract contradict the prohibiting provisions of laws, and those contradictions cannot be eliminated, as well as where there is no possibility to transfer an employee, with his consent, to another work, the employment contract shall be terminated.
An employment contract concluded in violation of laws or international agreements of the Republic of Lithuania, which regulate the employment of persons temporarily staying in the Republic of Lithuania, must be terminated. Sanctions provided by laws shall apply to an employer or his authorised person, who has committed such violation.
Disputes concerning the termination of an employment contract or the recognition of its parts contradictory to laws invalid shall be settled by the labour dispute resolution body. Article
Severance Pay
Upon the termination of the employment contract under Article 129 of this Code, the dismissed employee shall be paid a severance pay in the amount of his average monthly wage taking into account the continuous length of service of the employee concerned at that workplace: 1) under 12 months – one monthly average wage; 2) 12 to 36 months – two monthly average wages; 3) 36 to 60 months – three monthly average wages; 4) 60 to 120 months – four monthly average wages; 5) 120 to 240 months – five monthly average wages; 6) over 240 months – six monthly average monthly wages.
Upon the termination of an employment contract in other cases specified in this Section (except for the cases specified in Articles 125, 126 and 127

(1)of the Code) and other laws without any fault on the part of the employee concerned, he shall be paid a severance pay in the amount of his two monthly average wages, unless otherwise provided by laws or collective agreements. Article

Procedure for Settling Accounts with an Employee being Dismissed
An employer must make a full settlement of accounts with an employee being dismissed from work on the day of his dismissal, unless a different procedure for settling accounts is provided by laws or an agreement between the employer and the employee.
On the day of the settlement of accounts, the employer must pay the employee all the amounts due, fill in the employee’s state social insurance certificate and employment contract in accordance with the established procedure.
If the employee so desires, the employer must issue him a certificate about his work indicating his functions (duties), the dates of its commencement and end, and, upon the request of the employee, the amount of his wage and performance assessment (characteristics). CHAPTER XIII WORKING TIME Article
Concept of Working Time Working time shall mean any period during which the employee must work carrying out his activity or duties, and other periods equivalent to it. Article
Composition of Working Time
Working time shall include: 1) the time, actually taken to do any work, hours of duty on call at home and at the place of work; 2) the time of a business errand, business trip to another locality; 3) the time necessary to prepare and arrange a workstation, work equipment, safety measures; 4) rest breaks, included in working time according to statutory acts; 5) the time of mandatory check-ups; 6) a study programme, qualification improvement in a workplace or training centres; 7) the time of suspension from work, if a employee who is suspended must comply with the order established in his workplace; 8) the period of inactivity; 9) other periods of time set by laws and regulations.
Working time shall not include: 1) absence from work; 2) non-arrival at the workstation with permission of the administration; 3) performance state, public or citizen's duties, military service or military training; 4) the period of incapacity for work; 5) breaks to rest and to eat, daily rest (inter-shift), weekly rest, public holidays, annual vacation; 6) other periods of time set by laws and regulations. Article
Working Time
Working time may not exceed 40 hours per week.
A daily period of work must not exceed 8 working hours. Exceptions may be established by laws, Government resolutions and collective agreements.
Maximum working time , including overtime, must not exceed 48 hours per 7 working days.
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.
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. Article
Shorter Working Time
Shorter working time shall be set for: 1) persons under 18 years of age - in accordance with the provisions of the Law on Labour Protection; 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; 3) employees working at night.
Shorter working time for employees performing work involving heavy mental, emotional strain shall be established by the Government. Article
Part-time Work
Part daily working time or part weekly working time shall be set: 1) by agreement between the employee and the employer; 2) by request of the worker due to his/her health status in accordance with conclusions of medical institution; 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 until it reaches one year of age, hereinafter referred to as a woman who breast-feeds), an employee raising a child until it reaches three years of age, as well as an employee who solely raises a child until it reaches fourteen years of age or a child with limited functional capacity until it reaches sixteen years of age; 4) on request of an employee under eighteen years of age; 5) on request of a person with limited functional capacity according to the conclusions of a he

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