Long- term postings and provision of reasoned statement

If the actual duration of the posting exceeds 12 months, a posted worker shall be subject to all provisions of the Labour Code of the Republic of Lithuania and other legislation of the Republic of Lithuania regulating employment relations, including national (interindustry), territorial and industrial (production, service, professional) collective agreements or their individual provisions with extended application, with the exception of provisions on the terms and conditions of the conclusion and termination of contracts and non-competition agreements.

When a posted worker is replaced by another posted worker carrying out the same work at the same place of work, the above calculated posting duration shall be deemed the duration of the postings of the respective individual posted workers. The condition of the same work carried out at the same place of work shall be assessed with regard to the nature of the provided service, work function, physical address(es) where the work is to be carried out and other circumstances related to the performance of the work.
The calculation of the actual duration of the posting shall start from 30 July 2020, and any posting periods before 30 July 2020 shall not be included in the total duration of the actual posting.
An employer under the jurisdiction of a foreign country may be able to extend the above duration of an actual posting (in which not all working conditions shall apply to the posted worker, but only those provided for in Article 108(2) of the Labour Code of the Republic of Lithuania) by submitting a reasoned statement to the State Labour Inspectorate; in any case, such an extension may not exceed a period of 18 months. A reasoned statement shall be submitted electronically, by completing a ‘Reasoned statement concerning the extension of the period provided for in Article 108(4) of the Labour Code of the Republic of Lithuania’ form in Lithuanian and English on the website of the State Labour Inspectorate. This statement form must include information about an employer who posted a worker, information about the posted worker, the specific period for extension of the actual duration of the posting and the specific reasons for extension. The reasoned statement must be submitted before the actual duration of the posting exceeds 12 months. If the reasoned statement is submitted after this period has passed, the period provided in Article 108(4) of the Labour Code of the Republic of Lithuania shall be deemed not extended.

The procedure for submission of the reasoned statement concerning the extension of the period provided for in Article 108(4) of the Labour Code of the Republic of Lithuania to the State Labour Inspectorate shall be established in the Description of information about the posted workers and the procedure for submission of the reasoned statement concerning the extension of the period provided for in Article 108(4) of the Labour Code of the Republic of Lithuania approved by Order No. A1-169 of 16 June 2005 of the Minister of Social Security of Labour of the Republic of Lithuania (revised edition of Order No. A1-633 of 3 July 2020 of the Minister of Social Security of Labour of the Republic of Lithuania).

Form of reasoned notification on the extension of the period provided for in Article 108(4) of the Labour Code of the Republic of Lithuania

Additional terms and conditions of employment contracts applicable to postings of over 12 or 18 months (when a period provided for in Article 108(4) of the Labour Code was extended)

If the duration of the posting exceeds 12 months (or 18 months, if extended), posted workers shall be subject to all the provisions of the Labour Code of the Republic of Lithuania and other legislation of the Republic of Lithuania regulating employment relations, including national (interindustry), territorial and industrial (production, service, professional) collective bargaining agreements or their individual provisions with extended application, with the exception of provisions on the terms and conditions of the conclusion and termination of contracts and non-competition agreements.
At present, there are no national (interindustry), territorial and industrial (production, service, professional) collective agreements or related individual provisions which have been extended.

Additional applicable provisions of the Labour Code of the Republic of Lithuania and other legislation of the Republic of Lithuania regulating employment relations on:

• Respect for the Employee’s Family Obligations (Art. 28 of the Labour Code).
• Respect for the Employee’s Pursuit of Professional Development (Art. 29 of the Labour Code).
• Protection of Material and Non-Material Interests (Art. 31 of the Labour Code).
• Part-time work (Art. 40 of the Labour Code).
• Idle time (Art. 47 of the Labour Code).
• Remote work (Art. 52 of the Labour Code).
• Special leave (maternity, paternity, child care, learning, creative, unpaid) (Art. 131-137 of the Labour Code).
• Unpaid free time (Art. 137(3) of the Labour Code).
• Additional leave (Art. 138(2) of the Labour Code).
• Extended leave (Art. 138(1) of the Labour Code).
• Additional rest time for employees raising children (Art. 138(3)-(4) of the Labour Code).
• Compensation for damages (Art. 151-157 of the Labour Code).
• Other statutory working conditions applicable within the Republic of Lithuania (with exception of provisions on the terms and conditions of the conclusion and termination of contracts and non-competition agreements).

For the above provisions, follow the link to the Labour Code.
https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/676587f2cf1911e9a56df936f065a619?positionInSearchResults=1&searchModelUUID=cdf1864a-bf12-4587-ac6e-9b5dfadc4990

Additional leave

Additional leave shall be granted:

• For long-term continuous employment at the same workplace: three (3) work days to employees with over 10 years of continuous service at the same workplace and one (1) work day for every subsequent 5 years of continuous service at the same workplace. The long-term continuous service at the same workplace subject to additional leave shall include the actual time worked at the same workplace and other periods provided for in Article 127(4) of the Labour Code.
• For work under conditions in which there are deviations from normal working conditions and such deviations cannot be avoided: for employees working under tolerable professional risk conditions (i.e. a risk that can be tolerated when risk prevention measures are implemented to reduce the risk to a practicable minimum level, i.e. a level where it can be demonstrated that the costs of further risk reduction (expressed as time costs, monetary value and/or scope of work) would be disproportionate in comparison to the attainable benefit). This is based on the results of an evaluation of professional risks carried out in accordance with ‘The regulations for the evaluation of professional risks’ approved by the Minister of Social Security and Labour. When the values of the hazardous factors are in excess of the permitted thresholds (amounts) specified in the legislation on occupational health and safety and when it is not possible to reduce those amounts to safe levels, up to five (5) work days calculated according to (in proportion to) the total number of hours worked in such an environment in the current year for which additional leave may be granted: five (5) work days are granted if 81-100% of time was worked in such an environment; four (4) work days for 61-80%; three (3) work days for 41-60%; two (2) work days for 21-40%; and one (1) work day for up to 20%.
• For work of an extraordinary nature – two (2) work days for workers doing work (at least half of the total annual working time, subject to annual leave) on the move or while travelling, outdoors or related to driving.

For workers entitled to additional leave on various different grounds, one of the following additional types of leave of their choice shall be granted along with the annual leave.
Additional leave shall be added to the annual leave, as per the parties’ agreement, and may be granted together or separately. If there is no agreement, all the leave shall be granted together.
Workers entitled to extended and additional leave shall be granted, at their choice, either to extended or additional leave added to the annual leave.

Extended leave

The list of categories of workers entitled to extended leave and the duration of specific extended leave for each worker category:

• Teachers working in general education, formal vocational training and informal educational curricula; support staff working at educational institutions providing psychological, special educational and social education support, other educational specialists working at schools, psychological and educational services, foster-care institutions and care centres for infants with developmental disabilities are entitled to extended leave of 40 work days (for a 5-day week) or 48 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted an extended leave of 8 weeks.
• Employees in research and educational institutions (chief researchers, senior researchers, researchers, assistant researchers) are entitled to extended leave of 40 work days (for a 5-day week) or 48 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted an extended leave of 8 weeks.
• Creative staff in professional performing arts institutions are entitled to extended leave of 30 work days (for a 5-day week) or 36 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 6 weeks.
• Health care professionals: 1) providing health care services, staff working alongside them, directly serving patients or working under the same conditions, not specified below, are entitled to extended leave of 26 work days (for a 5-day week) or 31 work days (for a 6-day week). If the number of work days per week is lower or different, an employee must be granted extended leave of 5 weeks and one work day; 2) for providing urgent health care services, when that is their major function in their job description, they are entitled to extended leave of 27 work days (for a 5-day week) or 32 work days (for a 6-day week). If the number of work days per week is lower or different, an employee must be granted extended leave of 5 weeks and 2 work days; 3) when holding a mandatory licence for carrying out or taking part in surgical operations when this is their major function under their job description, they are entitled to extended leave of 28 work days (for a 5-day week) or 33 work days (for a 6-day week). If the number of work days per week is lower or different, an employee must be granted extended leave of 5 weeks and 3 work days; 4) when working in health care institutions with patients subject to involuntary hospitalisation, diagnostics or treatment, or in health care units or services of prisons, correctional facilities and detention facilities, they are entitled to extended leave of 28 work days (for a 5-day week) or 33 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks and 3 work days.
• Psychologists working at social care institutions (except foster-care institutions), care centres for infants with developmental disabilities and social service workers working in residential social care institutions, congregated living facilities, community foster-care facilities, care centres for infants with developmental disabilities, are entitled to extended leave of 30 work days (when working a 5-day week) or 36 work days (when working a 6-day week). If the work week is shorter or different, a worker must be granted an extended leave of 6 weeks.
• Pharmaceutical specialists whose job descriptions include one or more of the following activities: quality control (testing) of medicinal products and substances, production of medicinal products and substances, packaging of medicinal products and substances, dispensing (selling) medicinal products and substances at pharmacies, are entitled to an extended leave of 25 work days (for a 5-day week) or 30 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.
• Social service workers working in prisons and detention facilities, educational institutions, outpatient social services for persons with mental disabilities, temporary living facilities, also social service workers working (as per their job description) with adults, families and persons with mental disabilities at social risk, and social service workers providing social services at home (as per their job description) – 25 work days (for a 5-day week) or 30 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.
• Pilot instructors, chief navigator, navigator instructors, flight engineer instructors are entitled to an extended leave of 41 work days (for a 5-day week) or 50 work days (for a 6-day week), or 8-week extended leave (if the number of work days a week is lower or different), when the total flight time amounts to at least 210 hours per year.
• Airplane captains, pilots, navigators, navigator instructors, flight engineers, flight operators, flight attendants are entitled to an extended leave of 41 work days (for a 5-day week) or 50 work days (for a 6-day week), or an 8-week extended leave (if the number of work days a week is lower or different), when the total flight time amounts to at least 350 hours per year.
• Test pilots are entitled to extended leave of 41 work days (for a 5-day week) or 50 work days (for a 6-day week), or an 8-week extended leave (if the number of work days a week is lower or different), when the total flight time amounts to at least 120 hours per year.
• Employees of the state enterprise ‘Oro navigacija’: 1) flight coordinators, senior flight coordinators are entitled to extended leave of 35 work days (for a 5-day week) or 41 work days (for a 6-day week), or a 7-week extended leave (if the number of work days a week is lower or different), when they have provided at least 500 hours of air navigation services a year; 2) flight coordinator instructors, shift managers of airport coordination centres are entitled to extended leave of 35 work days (for a 5-day week) or 41 work days (for a 6-day week), or a 7-week extended leave (if the number of work days a week is lower or different), when they have provided at least 150 hours of air navigation services a year.
• seafarers working at ships registered with the Register of Seagoing Ships of the Republic of Lithuania are entitled to extended leave of 25 work days (for working 5 days per week) or 30 work days (for working 6 days per week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.
• Contract workers in fishing vessels undertaking commercial fishing and other (special) fishing activities are entitled to extended leave of 25 work days (for working 5 days per week) or 30 work days (for working 6 days per week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.
• Employees of the state enterprise Ignalina Nuclear Power Plant: 1) working in conditions of exposure to ionising radiation are entitled to extended leave of 25 work days (for working 5 days per week) or 30 work days (for working 6 days per week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks; 2) working in conditions of exposure to ionising radiation, for work or operations directly in the field of spent nuclear fuel, handling special high-level radioactive objects (removal from reactors, transportation, relocation, cutting, loading to containers) or high-risk radiation work at premises with Category 1 radiation safety rating (repair of high-level radioactive equipment, isolation, dismantling, sampling, preparation for performance control) are entitled to extended leave of 30 work days (for a 5-day week) or 36 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted an extended leave of 6 weeks.
• workers directly involved in the handing of animal pathogens or performing bacteriological, virology, serology, haematological, anatomical pathological, parasitology, mycology, chemical, toxicity, biochemical, radiology, molecular testing related to animals are entitled to an extended leave of 25 work days (for a 5-day week) or 30 work days (for a 6-day week). If the work week is shorter or different, a worker must be granted extended leave of 5 weeks.