Working conditions, non - discrimination and posting of temporary workers

During periods of temporary employment, the temporary work user enterprise must ensurethat employees posted in the Republic of Lithuania as temporary workers are subject to the same legal provisions, collective agreements (i.e. not only provisions of broader national (interindustry), territorial and industrial (production, service, professional) collective agreements, but also provisions of employer level collective agreements) and other provisions of labour law that apply to the regular staff of the temporary work user enterprise and are observed in the workplace related to:

• Protection offered to pregnant, who recently gave birth and breastfeeding workers; workers raising children under three (3) years of age; and workers under 18 years of age.
• Discrimination is prohibited on the grounds of gender, sexual orientation, race, nationality, language, origin, citizenship and social status, faith, family status, intentions to have children, beliefs or creed, membership in political parties and associations, and age.
• Maximum working time and minimum rest time, overtime, night-shift breaks, duration of annual leave and public holidays.

The temporary-work agency must ensure that the remuneration of temporary workers for work at the temporary work user enterprise should be no lower than remuneration that would have been paid to them if the temporary work user enterprise had employed the temporary worker under an employment contract for the same job, except where temporary workers working under a temporary employment contract with an indefinite term receive remuneration from the temporary-work agency between assignments, and the amount of that remuneration between assignments is the same as during the assignments. The employing undertaking bears auxiliary responsibility for fulfilling the duty to pay the temporary agency worker for work performed for the temporary work user enterprise that is at least as much as the remuneration paid if the temporary work user enterprise  had hired the temporary worker under an employment contract at the same workplace. As part of fulfilling this duty as requested by the temporary-work agency, the temporary work user enterprise is required to submit information on the remuneration paid to the workers of specific categories working at the temporary work user enterprise.
The temporary workers shall be entitled to the use of the temporary work user enterprise’s infrastructure intended for work, rest and meeting the needs of the employees (rest areas, dining room, child care and transportation services, etc.) under the same conditions as the regular staff of the temporary work user enterprise, with the exception of cases when different conditions are justified due to objective reasons.

The temporary work user enterprise must notify the temporary-work agency about the above working conditions and remuneration.

Additional posting of a temporary worker in another country
The temporary work user enterprise must notify the temporary-work agency before the start of scheduled work in another country, if a temporary worker posted in the Republic of Lithuania will be posted in another country for the purpose of provision services of the undertaking. In which case, it shall be deemed that the temporary-work agency has posted such worker on the territory of another country.