Regulation of seasonal employment of foreign nationals

To tackle labour shortages during the seasonal work period, many Lithuanian employers intend to bring in workers from abroad. The State Labour Inspectorate reminds you that Lithuanian labour legislation regulates the employment of both Lithuanian and foreign nationals.

Employment relations between Lithuanian citizens and citizens of EU Member States or third-country nationals (hereinafter ‘employees’) who intend to work on a seasonal basis in Lithuania are governed by the following: the Labour Code of the Republic of Lithuania and other labour legislation;
the Law of the Republic of Lithuania on the legal status of foreign nationals;
the Procedure for granting seasonal work permits to foreign nationals, as approved by Order No A1?253 of 15 May 2017 of the Minister of Social Security and Labour of the Republic of Lithuania (as amended by Order No A1?689 of 4 December 2018 of the Minister of Social Security and Labour of the Republic of Lithuania);
the List of seasonal jobs, as approved by Order No A1?253 of 15 May 2017 of the Minister of Social Security and Labour of the Republic of Lithuania (as amended by Order No A1?142 of 29 March 2018 of the Minister for Social Security and Labour of the Republic of Lithuania).

Like all employees, those working under a seasonal employment contract
are entitled to the following terms of employment concerning remuneration, beside the increased rate for overtime, night work, work on non-working days and holidays, and outdoor work: the minimum monthly wage (EUR 840 in 2023) or the minimum hourly wage (EUR 5.14 in 2023) is the minimum remuneration to be paid to an employee for unskilled work. It should be noted that parties to an employment contract may also agree on supplements, premium pay, bonuses or other extra payments under different remuneration schemes.

Working time arrangements for employees engaged in seasonal work must respect the following maximum working time requirements, unless otherwise provided for by the Labour Code or other legislation: the average working time, including overtime but excluding work under an agreement on additional work, may not exceed 48 hours in any 7?day period; the maximum working time, including overtime and work under an agreement on additional work, may not exceed 12 hours per working day (shift) excluding lunch breaks and 60 hours in any 7?day period; the maximum working time may not exceed 6 days in any period of 7 consecutive days.

Work must be organised in accordance with minimum rest period requirements. Working time arrangements for employees engaged in seasonal work must respect the following minimum rest period requirements, unless otherwise provided for by the Labour Code or other legislation: during their working day (shift), employees are entitled to breaks based on their physiological needs and to special rest breaks when working under outdoor conditions (outside or in unheated premises). Employees are entitled to special rest breaks when the ambient outdoor temperature is below -10 C or above +28 C, or when the ambient temperature in unheated premises is below +4 C. The minimum duration of a special rest break during an 8?hour working day (shift) is 40 minutes. If a working day (shift) has a differing duration, the length of special rest breaks must be proportional to the working time. Such employees are entitled to special rest breaks at least every hour and a half. After no more than 5 hours of work, employees must be given a lunch break to rest and eat. This break may not be shorter than 30 minutes or longer than 2 hours. The duration of rest breaks, their start and end times, along with the other conditions, must be laid down in the working day (shift) schedule. Employees performing work that, due to specific production conditions, does not allow for breaks to rest and eat, must be allowed to eat during their working time. The uninterrupted daily rest period between working days (shifts) may not be less than 11 consecutive hours, and the employee is entitled to an uninterrupted rest period of at least 35 hours in any period of 7 consecutive days. If the working day (shift) is longer than 12 hours but does not exceed 24 hours, the minimum uninterrupted rest period between working days (shifts) is 24 hours.

Employees working 5 and 6 days per week are entitled to at least 20 and 24 working days of annual leave respectively. If the working week is shorter or different, employees must be granted leave of at least 4 weeks. The duration of the leave to which an employee is entitled is calculated in proportion to the duration of the statutory annual leave and to the number of the employee’s working days for the year of employment for which the annual leave is granted (e.g. after 6 months of employment, employees who work 5 working days per week are entitled to 10 working days of annual leave). It should be noted that employees who work for one season are not entitled to annual leave, but upon termination of their employment contract they must be paid monetary compensation for leave not taken, unless otherwise provided for by the Labour Code or other legislation.

An employee has the right to terminate, by way of a written statement, their seasonal employment contract before its expiry, upon giving their employer written prior notice of 5 calendar days.
It must be noted that third-country nationals seeking employment in Lithuania must be in possession of a document certifying their legal right to stay in the country. Information on documents entitling the holder to stay in Lithuania is provided by the Migration Department under the Ministry of the Interior. Relevant information on these matters and contact details of the aforementioned body are available at https://www.migracija.lt/.

Third-country nationals who intend to engage in seasonal work must also obtain a work permit. A seasonal work permit is granted for up to 6 months in any 12?month period, starting from the date of entry into force of the permit for seasonal work in Lithuania. The 6?month term of the seasonal work permit may consist of one continuous period or several shorter periods, the total duration of which may not exceed 6 months in any 12?month period. Work permits (and duplicates, where appropriate) are issued, extended, refused and cancelled by the Employment Service under the Ministry of Social Security and Labour. Relevant information on these matters and contact details for the aforementioned body are available at https://uzt.lt/.

Third-country nationals have the right to enter into a seasonal employment contract that complies with the provisions of the Labour Code and the time limits set by the Law on the legal status of foreign nationals (i.e. up to 6 months in any 12?month period).

A work permit granted to a foreign national working in Lithuania on a seasonal basis may be renewed if the foreign national is renewing their employment contract with the same employer. Alternatively, a new work permit may be issued if the foreign national wishes to change their employer, provided that the maximum period of validity of the work permit is not exceeded (i.e. up to 6 months in any 12?month period). A foreign national may only once renew their employment contract with the same employer or change their employer.

A foreign national cannot be paid less than a Lithuanian resident for the same work performed for the same employer or, in the absence of such an employee, a foreign national’s salary cannot be less than the average monthly gross salary for the respective economic activity in Lithuania according to the latest data released by Statistics Lithuania (including the salary data of one-person businesses).

A foreign national’s employment or pursuit of other activities in Lithuania is considered illegal if they work without a work permit and/or employment contract and a temporary residence permit or visa, where required, regardless of whether income is received.

Employees must be guaranteed safe and healthy working conditions.
Employees must not be discriminated against at work.

Employees should be able to seek legal redress with labour dispute authorities. If an employer violates its employee’s rights through the non-performance or improper performance of labour regulations or mutual agreements, the employee may apply to the labour dispute commission with a request to resolve the labour dispute. The contact details of the labour dispute commissions and the form for applying to the labour dispute commission can be found at Form No. 1 (administrative enforcement of labour rights).
In the event of a breach of labour relations legislation by the employer, the employee may file a written complaint with the local branch of the State Labour Inspectorate under the Ministry of Social Security and Labour (hereinafter the ‘Labour Inspectorate’), requesting that a specific situation be identified and measures be enforced against the employer. The complaint form is available at Form No. 2

The Labour Inspectorate provides advice on relevant labour law enforcement issues on its website at https://vdi.lrv.lt advice and relevant information are also available under FAQs. If necessary advice on a matter of interest is not available, employees can contact the Labour Inspectorate by phone on +370 52139772.