Remote work, also known as telework, is increasingly popular in Lithuania. This guide explores the legal framework, technological considerations, and employer obligations surrounding remote work practices in the country.

Legal Framework for Remote Work

Lithuania's Labour Code establishes the legal foundation for remote work. Here are some key points:

• Employee Right to Request Remote Work: Employees have the right to request remote work for at least 20% of their working hours. Employers can only deny this request if they can demonstrate that remote work would cause "excessive costs" due to production needs or work organization.
• Protected Categories: Specific employee groups have stronger rights to remote work. These include pregnant women, parents with young children (under 3 years old), single parents with children under 14 (or 18 with disabilities), and employees following doctor's recommendations for remote work.
• Employer Discretion: Employers can propose remote work arrangements, and employee refusal cannot be grounds for termination or changing work conditions.

Technological Infrastructure Requirements

While the Labour Code doesn't prescribe specific technologies, employers have a responsibility to ensure a safe and productive remote work environment. This may involve considerations like:

• Equipment and Software: Employers may provide or reimburse for equipment like laptops, ergonomic furniture, and necessary software licenses to ensure employees have the tools they need.
• Communication Tools: Reliable communication tools like video conferencing platforms and instant messaging services are crucial for collaboration and maintaining team connections.

Employer Responsibilities

Employers in Lithuania have specific responsibilities towards remote workers:

• Health and Safety: Though working from home, Lithuanian regulations on workplace safety still apply. Employers should provide guidance on setting up an ergonomic workspace at home to prevent injuries.
• Working Hours and Breaks: Standard work hour regulations and break times still apply to remote workers. Employers should establish clear communication channels and expectations regarding work schedules and availability.
• Training and Support: Employers should provide adequate training for remote work practices, including effective communication, time management, and cybersecurity awareness.

Lithuania's Labour Code was amended in August 2022 to provide a legal framework for various flexible work arrangements. These include part-time work, flexitime, job sharing, and telecommuting.

Part-Time Work

Part-time work allows employees to work a shorter schedule compared to a standard full-time position. The specific duration is negotiated between the employer and employee within the legal framework. Part-time employees are entitled to prorated benefits and social security contributions based on their working hours. They have the same rights to training and development opportunities as full-time employees. Employers are not obligated to offer part-time positions but must consider a formal request from an employee. There's no minimum or maximum duration mandated by law for part-time work.

Flexitime

Flexitime offers employees some flexibility in scheduling their working hours within a core working period defined by the employer. This can be helpful for managing personal appointments or errands during the day. Employees must adhere to the core working hours set by the employer and are responsible for ensuring their work is completed within the agreed-upon timeframe. Employers define the core working hours and the flexible time windows before and after them. They should establish a system for tracking working hours to ensure fairness and compliance with labour regulations.

Job Sharing

Job sharing allows two or more employees to share the responsibilities of a single full-time position. This can be beneficial for those seeking reduced work hours or wanting to specialize in specific aspects of the role. Job sharing employees have a written agreement outlining their responsibilities, working hours, and compensation. They are responsible for coordinating their work schedules and ensuring tasks are completed effectively. Employers have the right to approve or deny job sharing requests based on the specific role and workload. They are responsible for establishing clear communication channels and outlining expectations for job sharing employees.

Equipment and Expense Reimbursements

Lithuanian Labour Code doesn't mandate employers to provide equipment or reimburse expenses for flexible work arrangements. However, employers can choose to do so through written agreements with employees. These agreements should clearly outline the type of equipment provided, reimbursement policies for internet, phone charges, or ergonomic furniture if applicable.

In Lithuania, a member of the European Union (EU), the General Data Protection Regulation (GDPR) applies to both employers and employees working remotely. This regulation mandates specific obligations and grants employees certain rights regarding data protection.

Employer Obligations

Employers in Lithuania with remote workers have several key data protection obligations:

• Lawful Basis for Data Processing: Employers must have a legal justification for collecting and processing employee data. Common justifications include fulfilling contractual obligations, legal compliance, or legitimate interests (with appropriate safeguards).
• Data Minimization: Employers should only collect and process the minimum amount of employee data necessary for their legitimate purposes.
• Transparency and Information: Employers must provide employees with clear and accessible information about their data processing practices, including the data collected, purpose of processing, storage duration, and their rights under the GDPR.
• Security Measures: Employers are responsible for implementing appropriate technical and organizational safeguards to protect employee data from unauthorized access, disclosure, alteration, or destruction.
• Data Breach Notification: In the event of a data breach that poses a risk to employee rights and freedoms, employers must notify the Lithuanian State Data Protection Inspectorate (Valstybinė duomenų apsaugos inspekcija) within 72 hours.

Employee Rights

Under the GDPR, remote employees in Lithuania have several data protection rights:

• Right to Access: Employees have the right to access their personal data held by the employer and obtain a copy in a readily understandable format.
• Right to Rectification: Employees have the right to request the rectification of inaccurate or incomplete personal data.
• Right to Erasure (Right to be Forgotten): In certain circumstances, employees have the right to request the erasure of their personal data.
• Right to Restriction of Processing: Employees have the right to restrict the processing of their personal data in specific situations.
• Right to Data Portability: Employees have the right to receive their personal data in a structured, commonly used, and machine-readable format and to transmit it to another controller.

Best Practices for Securing Data

Employers and remote employees in Lithuania can work together to ensure the security of both personal and company data:

• Strong Passwords and Encryption: Employers should enforce strong password policies and implement data encryption for sensitive information.
• Secure Communication Channels: Businesses should utilize secure communication channels for work-related exchanges, avoiding personal email accounts for confidential data.
• Remote Access Controls: Implement Multi-Factor Authentication (MFA) and restrict remote access to company systems based on the least privilege principle.
• Employee Training: Provide regular training to employees on data security best practices, including phishing awareness and responsible data handling.
• Clear Separation of Business and Personal Use: Establish clear policies on the acceptable use of company devices and software for personal purposes.