Short tips on rights at work

Working hours include any time during which the employee is under the employer’s direction or performing duties according to the employment contract. Working hours include:

  • Preparation for work at the workplace
  • Physiological and special breaks
  • Travel time from the workplace to a temporary work location as instructed by the employer
  • Standby time as defined by the Labor Code
  • Time spent on mandatory health checks for employees
  • Downtime
  • Time during which an employee is suspended from work if they must comply with workplace regulations
  • Other periods defined by labor law

If an employee does not have a fixed workplace, the time spent traveling from their home to a client or specific location as instructed by the employer (or from the last client or location back home) is considered working time and must be paid accordingly. In the case of a business trip, travel time is also counted as working time and should be paid as regular working hours. If an employee travels outside of normal working hours, during rest or holidays, the travel time should be additionally compensated with rest on the first working day after the trip or added to annual leave, with the employee retaining their regular salary for this rest time.

Working hours also include active standby, where the employee directly performs their work duties while on standby, and passive standby, where the employee must be at a location designated by the employer, ready to perform their duties if needed.

Passive standby at home is not considered working time, except for the time spent on actual tasks, as the employee is not at the workplace or an employer-designated location during passive standby at home but is ready to take action or come to the workplace if necessary during their usual rest time.

If the employee must be at a location designated by the employer during standby, even if it coincides with the employee's residence, all standby time is considered working time.

Once a month, the employer must provide the employee with a pay slip detailing the amounts calculated, paid, and deducted, as well as the duration of hours worked, with overtime specified separately. This information must be provided in writing or sent to the employee electronically.

If you worked overtime, check your pay slips to ensure that the overtime was compensated. Keep these records.

If the employer fails to fulfill this obligation, the employee has the right to submit a written request to the employer asking for this information. If the employer does not satisfy the employee's request for information regarding their calculated wages and deductions, the employee has the right to file a complaint with the State Labor Inspectorate.

A pay slip is confidential information, accessible only to responsible personnel at the workplace.

The employee's monthly wage, for a 40-hour workweek, cannot be lower than the minimum wage set by the government. It's important to know that the minimum wage can only be paid for unskilled work.

Unskilled work is defined as tasks that require no special qualifications or professional skills. These are simple and repetitive tasks that only require basic tools and physical strength. Most professions in this category require only basic education, and some jobs may require short on-the-job training. Examples of such professions include chambermaid, car washer, packer, loader, retail worker, kitchen worker, security guard, and others.

However, if a person is required to take on more responsibilities, has specific knowledge, and receives training, they should be paid more than the minimum wage. The Tripartite Council holds the position that pay for skilled work should be at least 10-15% higher than the minimum wage.

If you are doing skilled work and receiving only the minimum wage, contact your trade union or the Labor Dispute Commission at the State Labor Inspectorate.

If you haven't received your wages for two or more months, you have the right to stop going to work for up to 3 months. However, you must give your employer written notice at least 3 working days in advance, stating when, for how long, and why you are temporarily suspending the employment contract.

During the suspension of the employment contract, the employee is entitled to compensation of at least one minimum monthly wage for each month.

The employee can also terminate the employment contract for important reasons by giving the employer 5 working days' notice (Article 56 of the Labor Code). In such a case, the employee must be paid severance pay equivalent to two average monthly wages (or one if employed for less than a year).

The dispute can be resolved by the Labor Dispute Commission, to which you must apply within 3 months of discovering that your rights have been violated.

Working on public holidays requires the employee's written consent, except in cases where you work under a cumulative working time system or as specified in the collective agreement (Article 123, Part 2 of the Labor Code). The consent of pregnant workers, those who have recently given birth, or those who are breastfeeding is mandatory in all cases (Article 37, Part 8 of the Law on Safety and Health at Work).

For work on public holidays, a wage of no less than double the regular pay is required (Article 144, Part 2 of the Labor Code). For overtime work on holidays, the compensation must be no less than 2.5 times the regular wage (Article 144, Part 4 of the Labor Code).

The employee can request in writing that the time worked on public holidays be added to their annual leave. This time should be multiplied by 2 or 2.5 times, respectively (Article 144, Part 5 of the Labor Code).

It is illegal to collect funds in advance for possible future damages to the employer. Deductions from wages for damages can only be made if the employer has determined a breach of work duties by the employee due to their fault.

The employer must issue a written order to recover damages no later than three months from the date the damage was discovered.

The amount of deductions cannot exceed the average monthly wage (AMW) of the employee, and the compensable damage cannot exceed 3 AMWs (if the damage was caused by gross negligence, no more than 6 AMWs).

Full compensation is mandatory if the damage was caused intentionally; by an intoxicated or impaired employee; by breaching a duty to protect confidential information or a non-compete agreement; if the employer suffered non-material damage; or if full compensation for damage is stipulated in the collective agreement.

Paid "maternity days" are available to both parents raising a child or children under twelve years old. One day every three months is granted if you are raising one child, and if you are raising two (or one disabled child up to eighteen years old), you may have one day off each month. If you are raising three or more children, or two where one or both have a disability, you are entitled to two days off per month.

Instead of one or two rest days per month, you can request to shorten your working time by two or four hours per week.

You should submit a request to your employer indicating when you would like to take the day(s) off the next month or shorten your working hours per week. Attach copies of birth certificates or disability determination certificates if the employer does not already have them. Also, check if there are any established procedures at your workplace for taking such days off.

Both physical and psychological harassment and bullying at work are punishable by law. It includes not only any unacceptable behavior but also circumstances that create conditions for such behavior. Usually, such behavior is intended to cause physical, psychological, sexual, or economic harm. It does not matter whether this behavior occurs once or multiple times, nor whether the impact is realized or merely possible.

The employer, regardless of the number of employees, must take all necessary measures to prevent violence and harassment. All reports of psychological harassment must be recorded and investigated. The employer's inaction in such cases is a violation of the law.

If you believe you are being subjected to psychological harassment or bullying, collect all evidence that could support your claim of inappropriate behavior. Such evidence may include various documents, messages, emails, photos, video or audio recordings, witness testimonies, and so on.

In Lithuania, the minimum annual leave entitlement is 20 working days for those working a five-day week and 24 for those working a six-day week. At least one part of the leave must not be shorter than ten working days.

Longer leave (25 working days for those working five days a week) is granted to employees under eighteen years old; single parents raising a child under fourteen or a disabled child under eighteen, and disabled employees.

You must agree on your leave with your employer. The employer cannot unilaterally decide on the leave schedule or impose it without your consent.

The employer must honor requests for leave from pregnant employees, parents during their child’s mother's maternity leave, employees who are studying while working, employees caring for sick family members or disabled persons, and individuals suffering from chronic diseases that worsen with certain weather conditions (a medical recommendation is required).

If the employer refuses to grant your leave request, they must justify this in writing. If you believe the refusal is unjustified, consult with a trade union or contact the labor disputes commission.

Vacation pay must be paid no later than the last working day before the start of the leave. If the employer delays payment, the delayed period is added to your next annual leave. To do so, the employee must submit a request within the first three working days after returning from leave.

The employer cannot require you to find a replacement during your leave. If you cover for colleagues on leave and your workload increases, be aware that you are entitled to additional pay.

The right to take annual leave expires after three years.

A lunch break must be granted no later than after five hours of work. It cannot be shorter than thirty minutes or longer than two hours. The duration, start, and end of the lunch break and other conditions are determined by internal rules. During the lunch break, the employee can leave the workplace and use this time at their discretion. This time is not included in the working hours and is unpaid.

If production conditions do not allow for a break, employees must be given the opportunity to eat during working hours, and this time is included in the working hours.

More favorable conditions for employees can be negotiated in the collective agreement.

An agreement for additional work is made by mutual consent of both parties for additional functions not covered by the employment contract. The conditions and payment for additional work are agreed upon between the employee and employer in the same employment contract or in a separate agreement, which becomes an appendix to the employment contract.

Refusing to perform additional work does not result in any legal consequences.

The wage system in a workplace or employer's company, institution, or organization is established in a collective agreement; if there is none, in another internal legal act. Before approving or amending the document, consultations with the labour council or trade union are mandatory; the employer cannot change it unilaterally.

The wage system must include:

  1. The salary ranges (minimum and maximum) for each employee category;
  2. The grounds and procedures for granting additional payments;
  3. Payment for additional work (minimum and maximum);
  4. The procedure for wage indexation;

The provisions of the wage system must not discriminate against employees. Men and women must receive equal pay for the same or equivalent work. The same work means performing work that, according to objective criteria, is the same or similar to another job so that both employees could be swapped without significant cost to the employer.

A proposal to terminate the employment contract by mutual agreement must be submitted in writing. The document must specify when the employment relationship will end, the amount of severance pay, the settlement procedure, and other details. The amount of severance pay is a matter of agreement between the employee and the employer.

The other party must express their agreement or disagreement to terminate the contract by mutual agreement in writing within five working days. If no response is given within this time, the proposal is considered rejected.

The party receiving the request may submit a separate independent proposal. If the conditions are agreed upon, an agreement to terminate the employment contract is concluded.

If the employment contract is terminated by mutual agreement, but the procedure was not followed, the employee can appeal to the Labour Disputes Commission.

Employees often complain that they are forced to write a resignation letter or take annual or unpaid leave against their will. You should not do this. In such cases, requests must be made when you wish, and refusing to write or sign a document prepared by the employer will not result in any legal consequences.

In general, you should not rush to sign any documents presented by the employer on the spot. The employer must give you time to review the content. If necessary, the employer must provide additional documents needed to make a decision. You should also have the opportunity to consult with your trade union or other advisors.

If you decide to resign voluntarily, submit a written notice to your employer at least 20 calendar days in advance. Sometimes, employees change their minds, so there is an option to withdraw your resignation within three working days. Simply telling your employer verbally is not enough; you must withdraw your resignation in writing. Submit the signed document to the administration or simply send it via email.

If the employer still dismisses you, contact your trade union or the Labor Disputes Commission.

It is also possible to attempt to withdraw your resignation after the three-day period. However, in this case, the decision to keep you on the job will be up to the employer.

Tracking of vehicles, monitoring work computers, checking who an employee communicates with via email (and what is being sent), recording phone conversations, monitoring via cameras, etc. – all these are forms of employee monitoring.

Any covert employee monitoring is illegal. Even if employees consent to being monitored, it does not provide a legal basis for surveillance.

First, there must be a specific purpose for employee monitoring, for example, video surveillance to ensure workplace safety. The employer must also have a legitimate basis for processing data, typically a legitimate interest. However, it is not enough to merely state this basis formally; it must be justified and proven. The employer must conduct a legitimate interest assessment test to determine whether the company's legitimate interests truly outweigh the employees' or third parties' rights to protect their personal data.

If a legitimate interest in employee monitoring is established, it must be determined whether a data protection impact assessment is also necessary. This assessment must thoroughly evaluate potential risks and measures to mitigate those risks.

The employer must develop a procedure for any form of employee monitoring and familiarize all employees with it. The rules must be clear and easily accessible. It is recommended that the employer involve the trade union or labor council in creating such procedures. The procedure should include (non-exhaustive list):

  • Which employees will be monitored (if not all, then which and for what reasons, and how they were selected);
  • Under what circumstances;
  • Under what conditions the monitoring will take place;
  • Whether all company tools will be monitored (for example, only certain systems, emails, internet browsing, etc.);
  • Whether the monitoring will be continuous or periodic. If periodic, what will be its frequency and why. Employees should be informed of the procedure in writing and have their questions answered.

Compensation when resigning voluntarily applies:

  • If you are of retirement age (and reached this age while working for the same employer) and are employed under a permanent employment contract (state the reason in the application – Article 56, Part 1, Paragraph 4 of the Labor Code);
  • If a work stoppage not caused by you continues for more than 30 consecutive days or exceeds 45 days in the last 12 months (Article 56, Part 1, Paragraph 1);
  • If the full wage owed is not paid for two months or longer, or if obligations related to employee safety and health regulations are not met for more than two consecutive months (Article 56, Part 1, Paragraph 2);
  • If you are unable to work because you must care for a close family member (child, adopted child, father, stepfather, mother, stepmother, husband, or wife) or are ill yourself (Article 56, Part 1, Paragraph 3).

An employer cannot dismiss an employee without their knowledge. The grounds for dismissal are outlined in the Labor Code. You must be provided with a document clearly stating the reason for dismissal in writing. The employer must give you time to review the document and consult with a trade union or other advisors.

The employer formalizes the termination of employment in writing, such as by issuing an order, which is handed to you personally or sent electronically. The termination of employment is recorded in the employment contract.

No later than your last working day, all payments must be settled with you (wages for the period up to the dismissal date and compensation for unused leave).

The employer must notify "Sodra" (the State Social Insurance Fund) about the termination of the employment contract. If you suspect that you have been dismissed but have not received any documents, check your account on the "Sodra" website.

If you are dismissed for gross misconduct, the employer is obligated to request a written explanation from you. If you believe that your dismissal for gross misconduct was unjustified, contact the labor disputes commission. It is the employer's responsibility to prove the occurrence of the misconduct and that it was indeed gross.

If you work and study under formal education programs leading to primary, basic, secondary, or higher education, your employer must grant you time off: three days per exam; two days per assessment; six days for final exams; as many days as specified in the training plans for laboratory work; and thirty calendar days for a diploma thesis, doctoral dissertation, or art project.

The employer must grant study leave even if they did not initiate the employee's studies. If you have been employed for more than five years, you are entitled to at least half of your average wage for up to ten working days of study leave per year. In other cases, study leave is unpaid, unless otherwise agreed upon.

The employer must grant your request for annual leave if you coordinate it with exams, assessments, etc.

Check if your workplace has a collective agreement, as it may include other conditions. For example, in the national collective agreement, paid study leave is provided for trade union members.

If the employer does not grant study leave, the employee has the right to appeal to the labor disputes commission.

A collective agreement is a written agreement that establishes working, economic, and social conditions, as well as the mutual rights, obligations, and responsibilities of the parties. It is negotiated and signed by the trade union and the employer. The provisions of the collective agreement of an institution cannot worsen the working conditions established in the Labor Code.

Either party can initiate collective negotiations by submitting their demands, proposals, and representatives for negotiations in writing. Neither party can refuse to participate in collective negotiations. If the employer refuses to participate, unjustifiably delays negotiations, behaves dishonestly, or the parties cannot agree on provisions, the trade union can initiate a strike.

A signed collective agreement applies only to trade union members. If the parties agree, the agreement can apply to all employees. All collective agreements must be registered in the collective agreements register of the Ministry of Social Security and Labor.

A 32-hour work week is established for public sector employees (those employed in institutions funded by the state or municipal budget) who are raising children under the age of three. The salary remains the same as when working a longer time norm.

Taking advantage of this benefit (which applies only to one parent or guardian) does not require an employee request; it is the employer's duty to apply this norm. The shortened working time norm is formalized by an order from the manager or a written agreement between the parties.

Work hours exceeding 32 hours must be formalized as an increased workload or overtime.

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