Staff - Lithuania

Updated 10/2010

Legal requirements

The Labour Code is the main legal act in Lithuania regulating collective and individual labour relations. It is comprised of the following three parts:

general provisions;
collective labour relations;
standards regulating individual labour relations.
Labour Code

Employment conditions

Since 1 January 2008, the minimum hourly wage is 4.85 litas, and the minimum monthly salary is 800 litas.

Government resolution on the minimum wage

Working time may not be longer than 40 hours per week, and daily duration of work may not exceed 8 hours. Exceptions can be provided for by law, Government resolutions and collective contracts.

Articles 142-151 of the Labour Code

The State Labour Inspectorate carries out control and prevention of violations of labour laws, other normative legal acts, and collective agreements.

State Labour Inspectorate
Article 32 of the Labour Code

Non-governmental control of compliance to labour laws and collective agreements is carried out by the trade unions, inspections under their jurisdiction, and other institutions.

Article 33 of the Labour Code

Resting time is regulated by Articles 156-185 of the Labour Code.

Articles 156-185 of the Labour Code

When hiring persons under 18 years of age, a probation period is not to be set.

Articles 104 and 105(1) of the Labour Code
Specific requirements when hiring persons under 18 years of age

Special rules are applicable to handicapped employees when terminating an employment contract, setting working hours, and in relation to work at night, to working overtime, to holidays etc.

Articles 129(4), 130(1), 133, 1st clause of Article 135(1), Articles 146, 150, 154, 155, 166 of the Labour Code

Employees are to be mandatorily insured with social insurance in accordance with the Law on State Social Insurance.

Territorial branches of the State Social Insurance Fund Board assign personal social insurance numbers and issue state social insurance cards to those insured.

Law on State Social Insurance
State Social Insurance Fund Board

Employment contracts

An employment contract must be drawn up in writing in accordance with a model form. A written employment contract is to be drawn up in two copies. One signed copy of an employment contract is to be given to the employee, while the other one remains with the employer.

Model form of an employment contract

The Labour Code establishes the following types of employment contracts:

non-term;
fixed-term, temporary, seasonal;
on secondary job;
remote work;
on the supply of services;
other.
Articles 108-117 of the Labour Code
Resolution on the model form of an employment contract

The termination of an employment contract is regulated by Articles 121-141 of the Labour Code.

Articles 124-141 of the Labour Code

Suspension of employment contract if the employer fails to comply with their obligations

Article 123-1 of the Labour Code

Employing foreigners

A foreigner who intends to work in Lithuania must obtain a work permit that must be received prior to arrival in the Republic of Lithuania.

A work permit may be issued to a foreigner if there is no specialist in Lithuania who meets the qualification requirements set by an employer, and with regard to the needs of the Lithuanian labour market.

A work permit is issued to a foreigner for up to 2 years; a permit for seasonal work is issued for up to 6 months within one year.

A foreigner may take up employment in the Republic of Lithuania on the basis of an employment contract, or when their permanent place of employment is abroad, they may be sent to work temporarily in Lithuania.

A foreigner does not require a work permit when they:

have a permanent residence permit for Lithuania;
have retained their right to citizenship of the Republic of Lithuania;
are a person of Lithuanian descent;
in the event of family reunification;
have been put under guardianship (or curatorship) or they have been appointed guardian (or curator).

European Union citizens wishing to take up employment in Lithuania do not require a work permit.

Law of the Republic of Lithuania on the Legal Status of Aliens
Order on the Approval of the Description of the Conditions and the Procedure of Issuance of Work Permits to Aliens

Regardless of the law applicable to employment relations, certain provisions of Lithuanian legal acts and collective contracts are applicable to an employee posted to Lithuania.

Law on Guarantees for Posted Workers

Recognition of professional qualifications is carried out in accordance with the Law on Recognition of Regulated Professional Qualifications.

Law on the Recognition of Regulated Professional Qualifications
Information about regulated professions

Residents of EU Member States who work on the basis of employment contracts or who engage in independent activities on the territory of Lithuania, must be insured with state social insurance in accordance with the legal acts of Lithuania.

Form E 101 or Form A1 confirms the EU Member State in which a person is insured with social insurance. These are issued by the Foreign Pensions Section of the State Social Insurance Fund Board.

Description of the conditions for the determination of applicable law under EU social security coordination regulations
Information about issuance of Form E 101

Under EU legislation, persons insured with the state health insurance in one EU or EEA Member State are entitled to receive basic medical care services in any other EU or EEA Member State, if temporarily staying there, and the costs of these services will be offset by public health insurance. This procedure also applies to Switzerland. This right is demonstrated by European Health Insurance Card.

European Health Insurance Card is issued by the territorial patients' funds or their representatives in municipalities.

Information about issuance of the European Health Insurance Card

There are minimum social rules to follow, especially about non-discrimination, gender equality and health and safety.

Staff welfare — Lithuania

Administrative procedures

Starting employment

An employment contract is registered in the employment contract registration book on the first day of employment.

When entering into an employment contract, an employer must familiarise the person being hired with the conditions of their future job, the collective contract, rules on working procedures and other acts in force in the place of work, and have them sign to that effect.

No later than before the beginning of employment, the employer is to give the employee an employee card, along with the second copy of the employment contract.

On the first day of employment, the employer informs the territorial branch of the State Social Insurance Fund Board about the beginning of social insurance coverage.

State social insurance forms

When hiring an under-aged person of 14 to 16 years of age, the employer must request that they present the following:

a birth certificate;
the written consent of one of the parents;
permission from the doctor attending to the child's health;
during a school year, the written consent of the school.

Social security contributions

The employer informs the territorial branch of the State Social Insurance Fund Board about the beginning of social insurance coverage (notification 1-SD) and submits the following:

a copy of the employment contract;
a copy of the employee's passport;
contact details of the employee and the employer;
the value of the social insurance contribution.

State social insurance contributions must be paid by the insurers (employers) and the insured (employees). State social insurance contributions of the insurer and the insured person to the Fund are to be calculated, deducted and paid by the insurer from the day when the insured person starts working.

Employers are to pay the calculated state social insurance contributions to the budget of the Fund no later than by the 15th day of the next month.

Implementation of social insurance
Social insurance forms
Social insurance contribution rates
Electronic services of the Social Insurance Fund Board

Declaring contributions from wages

An employer is to provide the following information to the territorial branch of the State Social Insurance Fund Board:

Notification about the beginning of social insurance coverage of insured persons (notification 1-SD). To be submitted on the first day of work of the employee;
Notification about the end of social insurance coverage of insured persons (notification 2-SD). To be submitted within 3 business days of the end of the work of the employee;
Information about the calculated amounts of insured income and state social insurance contributions for each insured person over a quarter of a calendar year. To be submitted no later than on the 15th day of the first month of the next quarter;
Details about the granting of childcare leave until a child reaches three years of age to a mother, father or guardian (or the cancellation thereof);
Data about an insured person's periods of non-insurance. To be submitted within 3 business days from the day of the start of a period of non-insurance or after the day of the end of a period of non-insurance.
Electronic submission of notifications

Work permits for foreigners

A work permit for a foreigner is issued and revoked by the Lithuanian Labour Exchange under the Ministry of Social Security and Labour.

An employer wishing to employ a foreigner must register a vacant position and submit a request to the territorial labour exchange. The following documents are to be attached to the request:

a copy of the passport of the citizen of a foreign country;
a copy legalised in accordance with the procedure or a copy confirmed with an apostille of the foreigner's diploma or another document confirming the person's qualification;
a certificate of recognition of professional qualification if the profession is regulated in the Republic of Lithuania;
a certificate of qualification assessment, issued by the Centre for Quality Assessment in Higher Education, if the profession is not regulated in the Republic of Lithuania, but it is required to have higher education;
a copy of a document confirming that the foreigner has 2 years of work experience in the field of their professional qualification over the last 3 years;
copies of documents confirming that the foreigner has been receiving further training in the field of their professional qualification (if they have been receiving further training);
employer's statement about the need to employ a foreigner, a certificate of employee layoffs during the 6 months before applying for a work permit and information if any administrative penalties are in effect in accordance with Article 206³ of the Code of Administrative Offences.

The consideration of a request to issue a work permit must be completed within 2 months.

A company, institution, organization registered in the Republic of Lithuania, or a foreign legal entity's branch or representative office registered in the Republic of Lithuania which is accommodating the employee from another state sent to work temporarily in Lithuania, must submit a request to the territorial labour exchange. The following are to be attached to the request:

a contract for the provision of services or the performance of works, concluded between the company and the foreign business sending the employee;
a copy of the foreign legal entity registration certificate or an extract from a foreign state registry;
description of the project with an explanation why the services of a foreign company were selected for this project;
a copy of the passport of the citizen of a foreign country;
a copy legalised in accordance with the procedure or a copy confirmed with an apostille of the foreigner's diploma or another document confirming the person's qualification;
a copy of the contract of employment with the company sending the foreigner;
a statement from the foreign competent institution or company, certifying that the foreigner is covered by social insurance at the company sending them.

A request to issue a work permit to a foreigner sent to the Republic of Lithuania for temporary work must be resolved within a month.

Order on the Approval of the Description of the Conditions and the Procedure of Issuance of Work Permits to Aliens (this description includes the request forms)

Managing of documents

Document preparation
Organisation of office document management is governed by the Republic of Lithuania Law on Documents and Archives, Articles 10-11
The rules of document preparation were approved by the Order No. 19 of 30 March 2001 of the Director General of the Lithuanian Archives Department under the Government of the Republic of Lithuania.
The rules of documents preparation, management and accounting for non-governmental organisations and private legal entities were approved by the Order No. V-87 of 30 May 2008 of the Director General of the Lithuanian Archives Department under the Government of the Republic of Lithuania.
Document retention periods
Index of retention periods for general documents approved by the Order No. V-46 of 18 October 2010 of the Director General of the Lithuanian Archives Department under the Government of the Republic of Lithuania (Order shall come into force from 1 January 2011) provides that employment contracts must be kept for 50 years (after the end of contract), their registration logbook (register) - 50 years (from the last entry in the logbook (register), the cards of personal accounts - 50 years, and if these are not available, the wage calculation sheets are stored for such period of time.
Transmission of documents for storage
Transmission of documents for storage is governed by the Republic of Lithuania Law on Documents and Archives, Articles 16-17.
The description of the rules of transfer of the documents of liquidated legal entities for storage and the issuance of the certificates confirming the transfer was approved by the Order No. V-59 of 17 March 2008 of the Director General of the Lithuanian Archives Department under the Government of the Republic of Lithuania.

Dismissal

An employment contract is terminated by making a note in the employment contract that the employment contract is being terminated from a certain date.

A note about the termination of the employment contract is to be made in the employment contract registration book, and the Social Insurance Fund Board is to be notified.

Regulations for the registration of employment contracts

Resources

EURES, the European job portal, offers employers information and support on recruiting across the EU. As well as assisting jobseekers, it helps entrepreneurs find workers from across the EU. In border regions, EURES provides information on cross-border commuting and helps workers and employers with problems that may arise.

Check also the legislation on this topic in:

Staff - Lithuania