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Posting Workers to Lithuania

What to do in case of transnational posting to Lithuania? Guidelines for posting workers to Lithuania: current legislation and obligations.

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According to Article 108 of the Labour Code of the Republic of Lithuania, an employee who is under the jurisdiction of a foreign country may be posted to work temporarily in the territory of Lithuania: 

  1. Under a contract for the provision of services or work concluded by the employer with a customer operating in Lithuania
  2. To work at a branch, representative office, group company or other workplace of the juridical person of the employer
  3. To work as a temporary worker

Find out more about the European legal framework for posting in our guide on EU Posted Workers Directives.

Preliminary obligations when posting workers to Lithuania

Notification of posting

In accordance with the procedure established by the Minister of Social Security and Labour of Lithuania, an employer under the jurisdiction of a foreign country who posts a worker to Lithuania for a period exceeding 30 days or to perform construction work must notify in advance the territorial office of the Labour Inspectorate of the State where the posted worker’s activities will be performed.  

Such notification shall be provided electronically and shall contain information about:

  • The posting employer;
  • The posted worker(s);
  • The natural or legal person accepting the posted worker;
  • The posting and specific working conditions applicable to the posted worker. 

In case of any change to the information, the employer must submit an amended notification to the Labour Inspectorate within one working day from the change to the posting conditions.  

If a posting that had previously been planned for a duration of less than 30 days and, for that reason, had not been reported is extended to exceed a total of 30 days, it must subsequently be reported for the entire period. 

Liaison person

Furthermore, in accordance with Directive 2014/67/EU, employers posting workers to Lithuania are required to designate a liaison person. This person acts as a point of contact for authorities and posted workers, streamlining communication channels and offering support as necessary. This requirement aims to enhance transparency and accountability, ultimately safeguarding the rights of posted workers throughout their stay in Lithuania. 

Working and salary conditions in Lithuania

Posted workers in Lithuania are entitled to a set of minimum work conditions established by Lithuanian law. These conditions encompass various aspects of employment, including working hours, rest periods, annual leave, and occupational safety and health standards. Employers posting workers to Lithuania are required to ensure that these minimum work conditions are met throughout the duration of the posting. 

Under Lithuanian law, the maximum weekly working time is 40 hours, with provisions for overtime work and rest periods. Posted workers must receive adequate rest breaks and days off in accordance with Lithuanian labor regulations. 

Working time standards are also set on a European level by Directive 2003/88/EC.

Furthermore, employers must adhere to occupational safety and health standards to ensure a safe working environment for posted workers. This includes providing necessary training, personal protective equipment, and implementing measures to prevent workplace accidents and occupational diseases. 

Social security for workers posted to Lithuania  

Pursuant to European Regulation 883/2004, posted workers to Lithuania may continue to be covered by the social security of the Member State where the employer is based

The posting company must apply for an A1 Certificate. The competent social institution will issue it once received all the necessary information. The A1 Certificate could have a maximum duration of 24 months. Furthermore, the worker must hold it for the whole period of his posting to Lithuania. 

Penalties in case of non-compliance 

The State Labour Inspectorate has the right to fine foreign companies for non-compliance with national posting provisions. 

Failure to submit information on the working conditions established in Article 108 (2) of the Labour Code to the Labour Inspectorate leads to a fine on employers or other responsible persons from €360 to €660. In case of repeated infringement, the fine ranges from €660 to €1,320. 

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Regulatory Framework

Law on the Approval, Entry into Force and Implementation of the Labour Code

Reference

Order n. A1-169 of June 16th 2005 on the approval of the description of the notification procedure for posted workers

Reference

Directive 96/71/CE

Reference

Directive 2014/67/EU

Reference

Directive 2018/957/UE

Reference

Reg. 883/2004

Reference

Learn more about Posting of Workers to Europe

Have a look at our in-depth guides about Posting of Workers to EU Countries. If you don’t know where to start, you can have a first look at our introduction on Posting of Workers to Europe.

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