In Lithuania, labor law provides specific grounds for an employer to lawfully terminate an employee's contract. These grounds are divided into two main categories:

Dismissal with Employee's Fault

This includes gross misconduct such as theft, violence, intoxication at work, repeated failure to perform job duties, and absence from work without a valid reason.

Dismissal without Employee's Fault

This includes redundancy or restructuring of the company, the employee's inability to perform job duties due to health reasons or lack of qualifications, and liquidation or bankruptcy of the company.

Notice Requirements

The notice periods for termination in Lithuania depend on several factors, including the reason for dismissal and the employee's tenure. For dismissal without the employee's fault, a minimum of one month's notice is required for most employees, two weeks' notice for employees with less than one year of service, and employees within five years of retirement age are entitled to double the standard notice period. For dismissal with the employee's fault, a shorter notice period may apply, typically three working days. Special categories with longer notice periods (triple the standard period) apply to certain employees. The notice period must be communicated to the employee in writing.

Severance Pay

Lithuania mandates severance pay in cases of dismissal without the employee's fault. The amount of severance pay depends on the employee's length of service with the company. For less than one year of service, no severance pay is provided. For one to five years of service, one average monthly salary is provided. For five to ten years of service, two average monthly salaries are provided. For ten to twenty years of service, three average monthly salaries are provided. For over twenty years of service, six average monthly salaries are provided.

Lithuanian law explicitly prohibits discrimination on several grounds. These include gender, race, nationality, language, origin, social status, belief, convictions, or views, age, sexual orientation, and disability. Each of these categories is protected against discrimination, ensuring equal treatment for all individuals.

Protected Characteristics

• Gender: Protection against sex, pregnancy, motherhood, and breastfeeding discrimination.
• Race: Protection against racial discrimination based on skin color, ancestry, and other factors.
• Nationality: Prohibition of discrimination based on a person's country of origin or citizenship.
• Language: Protection against discrimination on the grounds of a person's native language.
• Origin: Addresses discrimination based on one's social or ethnic background.
• Social status: Ensures equal treatment regardless of a person's economic or social position.
• Belief, convictions, or views: Protects against discrimination based on personal beliefs or ideology.
• Age: Aims to prevent discrimination based on how old someone is.
• Sexual orientation: Prohibits discrimination based on a person's sexual preference.
• Disability: Protects against discrimination due to physical or mental limitations.

Redress Mechanisms

Lithuanian law provides avenues for individuals who have experienced discrimination:

• Office of the Equal Opportunities Ombudsperson: An independent institution that investigates complaints of discrimination. The Ombudsperson can issue recommendations, mediate, and in some cases, bring legal action.
• Labor Courts: Employees can file cases in labor courts alleging discrimination in the workplace. Courts can order remedies such as reinstatement, compensation, and termination of discriminatory practices.

Employer Responsibilities

Employers in Lithuania have a legal obligation to uphold anti-discrimination laws:

• Equal treatment policies: Implement clear policies that prohibit discrimination and harassment in the workplace. These policies should be communicated to all employees.
• Training: Provide regular training to employees on anti-discrimination law, how to identify discrimination, and appropriate conduct in the workplace.
• Complaint procedures: Establish internal complaint mechanisms where employees can safely report instances of discrimination. These complaints must be investigated promptly and fairly.

Key Legislation

• The Constitution of the Republic of Lithuania: Provides fundamental protection against discrimination.
• Law on Equal Treatment: The foundational law outlining discrimination protections in various areas of life.
• The Labour Code of the Republic of Lithuania: Contains specific provisions related to discrimination in the workplace.

The maximum working week in Lithuania is 40 hours, typically spread over a five-day workweek (eight hours per day). Overtime work is restricted and generally only allowed in specific circumstances. It cannot exceed 120 hours per year, and employees must be compensated at an increased rate (at least 1.5 times their regular hourly rate). Daily working hours, including overtime, cannot exceed 12 hours, except in special cases allowed by law.

Rest Periods

Lithuanian law mandates the following rest periods for employees:

• Employees are entitled to at least 11 consecutive hours of rest per 24-hour period.
• Employees are entitled to breaks during the workday, the duration of which depends on the length of their shift.
• Employees generally have the right to at least 42 consecutive hours of uninterrupted rest per seven-day period.

Ergonomic Requirements

Lithuanian employers are responsible for ensuring safe and healthy working conditions, including ergonomic considerations:

• Employers must assess workstations to identify and mitigate ergonomic risks that may lead to musculoskeletal disorders or other health problems.
• Employers must provide appropriate protective equipment and training to reduce ergonomic hazards in the workplace.
• Employees must receive training on proper ergonomic practices and how to adjust their workstations for optimal comfort and safety.

Lithuanian law places a high priority on the health and safety of all employees. The key regulations outline the obligations of employers, the rights of employees, and the bodies responsible for enforcement.

Employer Obligations

The Lithuanian Labour Code and Law on Safety and Health at Work (No IX-1672) form the basis for workplace health and safety regulations. Employers bear the primary responsibility for ensuring a safe and healthy work environment for all employees, regardless of factors such as the size or profitability of the company. This obligation covers several aspects:

• Risk Assessment and Mitigation: Employers must proactively assess potential workplace hazards and implement measures to eliminate or minimize these risks.
• Provision of Safe Equipment and Training: Employers are responsible for providing employees with the necessary personal protective equipment (PPE) and proper training for its use.
• Maintaining a Safe Work Environment: This includes aspects such as proper ventilation, lighting, and ergonomics to prevent work-related illnesses and injuries.
• Accident and Illness Reporting: Employers must establish procedures for reporting and investigating work-related accidents and occupational illnesses.

Employee Rights

Lithuanian law guarantees employees the right to a safe and healthy workplace. This translates into several key rights for employees:

• Right to Refuse Unsafe Work: Employees have the right to refuse work they believe poses a serious threat to their health or safety.
• Access to Information and Training: Employees have the right to receive information and training on workplace hazards and safety procedures.
• Participation in Safety Measures: Employees have the right to participate in consultations regarding the implementation of safety measures at work.

Enforcement Agencies

The Lithuanian State Labour Inspectorate, under the Ministry of Social Security and Labour, is the primary enforcement agency for workplace health and safety regulations. The Inspectorate conducts inspections, investigates accidents and complaints, and imposes fines for non-compliance.