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Last updated on: August 27th, 2024
Labor Requirements
The Labour Law in Lithuania is regulated mainly by the Labor Code of Republic of Lithuania (last amended 2024). The Regulations govern the terms and conditions of employment such as working hours, holidays and rest periods, wages, overtime, leaves and other employment relationships.
Hours & Pay Regulations
Normal Working Hours
The normal working hours of an employee shall be 40 hours per week unless work the law imposes a reduced working time rate on the employee or the parties do not agree on all working time.
The average working time, including overtime but not including extra work agreed upon separately via agreement must not exceed 48 hours per week.
The total working hours, including overtime and supplementary work, must not exceed 12 hours per day (excluding lunch) and 60 hours per 7-day period.
For employees under a cumulative working time arrangement, the maximum working hours must not exceed 52 hours within any 7-day period.
Working Time Regime – If the norms of labor law or the employment contract do not stipulate otherwise, the working time regime for one or more employees (group of employees) or for all employees in the workplace shall be determined by the employer by determining one of the following types of working time regime –
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- unchanging/fixed duration of the working day (shift) and number of working days per week;
- cumulative work time accounting, when the working time rate of the entire accounting period is fulfilled during the accounting period;
- flexible work schedule, when the employee must be at the workplace during fixed hours of the working day (shift), and can work other hours of that day (shift) before or after these hours;
- the time regime of a split working day, when on the same day (shift) work is carried out with a break for rest and a meal, the duration of which is longer than the maximum duration of a break for a rest and a meal;
- individual working time regime.
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Shift Scheduling – Employers must organize work shifts to ensure employees do not exceed 52 hours of work within any 7-day period. Employees who are raising a child up to three years old, or up to seven years old where possible, have the right to select their shift within two working days of notifying their employer.
Employers are required to design shift schedules that evenly distribute working hours throughout the accounting period. It is strictly prohibited to assign an employee to work two consecutive shifts. The accounting period must not exceed 3 consecutive months.
If, by the end of the accounting period, an employee has worked fewer hours than the standard working time due to the established work schedule, they are entitled to receive half of their salary for the hours not worked. If an employee works beyond the standard hours within the accounting period, they are entitled to overtime pay. Alternatively, the employee may choose to convert the excess hours into additional annual leave, calculated at 1.5 times the regular rate.
On-Call/ Standby Work – Employees on active or passive on-call duty can work up to 24 hours per shift. They must adhere to their standard working hours over a reference period of three months for active duty or two months for passive duty. During both types of on-call duty, employees must be provided with rest and meal breaks at the workplace.
Time spent on passive on-call duty at home is not counted as working time, except for actual hours worked. Passive on-call duty at home cannot exceed one continuous week within a four-week period. Employees receive a 20% allowance of their average monthly salary for each week on call. Payment for actual work is capped at 60 hours per week. Home standby cannot be assigned on days when the employee has worked continuously for at least 11 hours.
Workplace Standby: Employees on standby at the workplace may work up to 24 hours per shift but must stay within their maximum working time limits over a two-month period. They must also be given time for rest and meals during their shift.
Work Time Reduction / Extra day rest for Employee with Disabled Child- Employees raising a disabled child under 18 or two children under 12 are entitled to one additional day of rest per month or a reduction of two hours per week in their working hours, with their average wage paid for these periods. Employees raising three or more children under 12 are entitled to two additional days of rest per month or a reduction of four hours per week in their working hours, also with their average wage paid for these periods. Labor Code, arts. 113-116, 118.
Recording Requirement – The employer must keep records of the working time of employees, except for employees who work in the working time regime of an unchanging working day (shift) duration and an unchanging number of working days per week. The employer must record in the working time records the employee’s actual work:
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- Overtime;
- Working time during the holidays;
- Working time on a rest day, if it is not set according to the schedule;
- Working hours at night.
- Working hours according to the agreement on additional work.
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These records must be kept for two years. Work time records are managed in employer-approved form time records, which can be filled out and stored electronically. Labor Code, arts. 120.
Overtime
Overtime cannot exceed 8 hours in 7 consecutive calendar days unless an employee gives written consent to work up to 12 overtime hours per week. If an employee gives written consent to work up to 12 overtime hours per week, in such cases the total hours worked cannot exceed 48 per week averaged over a reference period of 3 months.
The maximum limit of overtime per year is 180 hours. Longer overtime may be agreed upon in the collective agreement.
Pay – An employee is entitled to receive premium pay of at least 1.5 times the employee’s regular hourly pay. At the employee’s request, time spent on overtime, multiplied by the appropriate amount (1.5 times), may be added to annual vacation time.
The employer can order overtime work only with the consent of the employee, except for such exceptional cases when:
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- unforeseen works necessary for the society are carried out or the aim is to prevent disasters, dangers, accidents or natural disasters or to liquidate their urgently eliminated consequences;
- it is necessary to complete the work or eliminate a malfunction that would cause a large number of employees to stop work or cause materials, products or equipment to fail;
- it is stipulated in the collective agreement.
Labor Code, art. 119, 144.
Night Work
Nighttime means the time between the 10pm and 6am. A night employee shall be one who:
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- Work at night for at least 3 hours per day (shift); or
- They work nighttime for at least a quarter of their annual working time.
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The average working time of a night employee shall not exceed 8 hours per working day (shift) over an accounting period of one month.
For employees whose work involves special hazards or whose physical or mental work the workload is heavy, the daily working time (shift) shall not exceed 8 working hours in a 24 hours period.
Pay for Night Work – Employee shall be entitled to at least 1.5 times the regular salary for night work.
Pay for Overtime at Night – For overtime work during night which is not determined according to the work (shift) schedule. employee shall be entitled to no less than double the employee’s salary. Labor Code, art 117 & 144.
Breaks
Employees must be given a lunch break no later than 5 hours, for rest and dining. The duration of this break may not be less than 30 minutes and not more than 2 hours unless the parties agree on a split working day regime.
The duration of breaks, their beginning, end and other conditions are determined by labor law norms and working day (shift) schedules. Employees performing work during which production conditions do not allow them to take a break to rest and eat must be given the opportunity to eat during working hours.
Daily Rest – The duration of daily uninterrupted rest between working days (shifts) cannot be shorter than 11 consecutive hours
If the duration of an employee’s working day (shift) is more than 12 hours, but not more than 24 hours, the time of uninterrupted rest between working days (shifts) cannot be less than 24 hours
If the duty lasts 24 hours, the rest time lasts at least 24 hours. Labor Code, art. 122.
Weekly Rest – A weekly rest period of at least 35 consecutive hours in each 7 consecutive day period.
Rest day is a day that is not worked according to the working time regime. The general rest day is Sunday. It is possible to assign a rest day to work only with the employee’s consent, except in cases where work is carried out according to the cumulative work time record or in the cases specified in the collective agreement. Labor Code, art. 122 & 144.
Work On Rest Days
Pay for Work on Rest Day – Employees shall be entitled to 1.5 times premium pay on regular salary for work performed on a rest day. At the employee’s request, time spent on rest day, multiplied by the appropriate amount (1.5 times), may be added to annual vacation time.
Overtime Work on Rest Day – Overtime work on a day of rest that is not determined by a schedule of work (shift) will be paid at least 2 times the salary of the employee. At the employee’s request, time spent on overtime on rest days, multiplied by the appropriate amount (2 times), may be added to annual vacation time. Labor Code, art. 122 & 144.
Public Holidays
The following paid public holidays are observed in Lithuania:
- New Year’s Day – January, 1
- Day of Reestablishment of the State of Lithuania – Febuary, 16
- Day of Reestablishment of Lithuania’s Independence – March 11
- Easter Sunday and Easter Monday – (date varies)
- International Labor Day – May, 1
- Mother’s Day – First Sunday in May
- Father’s Day – First Sunday in June
- Rasos and St. John’s Day – June, 24
- Day of the Statehood (Coronation of King Mindaugas) and National Anthem Day – July 6
- Assumption Day – August, 15
- All Saints’ Day – November, 1
- Day of Remembrance of the Dead – November, 2
- Christmas Eve – December, 24
- Christmas – December, 25 and 26
Holidays are observed on their calendar date. If the holiday falls on a Saturday or Sunday, it will not be moved to a weekday.
On public holidays, work is carried out only with the consent of the employee, except in cases where work is carried out according to the cumulative work time record or in the cases specified in the collective agreement.
Pay for Work on Public Holiday – Employee shall be entitled to no less than 2 times the regular salary for work on a holiday. At the employee’s request, time spent on public holidays, multiplied by the appropriate amount (2 times), may be added to annual vacation time.
Overtime Work on Public Holidays – For overtime work on a public holiday, which is not determined according to the work (shift) employee shall be entitled to a premium of no less than two and a half times the employee’s salary. At the employee’s request, time spent on overtime on public holiday, multiplied by the appropriate amount (2.5 times), may be added to annual vacation time. Labor Code, art 123, 144.
Annual Leave
Duration of Annual Leave – Employee shall be entitled to 20 working days (if working 5 working days a week) or at least 24 working days (if working 6 days a week) granted after six months of uninterrupted work with the same employer. Annual Leave shall be calculated on weekdays.
Timing of Annual Leave – Annual leave shall be granted at least once per working year. The right to use all or a part of the annual leave (or to receive monetary compensation for it in the case established by this Code) is lost after 3 years from the end of the calendar year in which the right to the full annual leave was acquired, except in cases where the employee was actually unable to use it .
It is prohibited to replace annual leave with monetary compensation, except for the termination of the employment relationship, when compensation is paid to the employee for unused annual leave of the full duration or part of it.
Minimum Duration of Annual Leave – Annual leave must be granted at least once per working year. At least one part of the annual leave cannot be shorter than 10 working days or at least 12 working days (if the work is six working days per week), and if the number of working days per week is less or different, the leave part cannot be shorter than two weeks. For the first year of work, all annual leave is usually granted after working at least half of the number of working days in the working year.
After six months of continuous work, annual leave is granted at the employee’s request:
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- for pregnant employees before or after pregnancy and maternity leave;
- for employees during pregnancy and maternity leave of the mother of their child, before or after paternity leave;
- during summer holidays at the workplace;
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For the second and subsequent years of work, annual leave is granted at any time of the working year, according to the order of granting annual leave at the workplace. Such a queue is established in a collective agreement or an agreement between the employer and the labor council, or in accordance with the procedure provided for in other labor law norms from June 1 to May 31 of the following year, if they do not stipulate otherwise.
Additional Annual Leave – Employees whose work involves greater nervous, emotional, mental stress and professional risk, as well as whose working conditions are specific, are granted up to 41 working days (if working five days a week) or up to 50 working days (if working six days per week), or up to 8 weeks (if the number of working days per week is less or different) extended vacation. The Government of the Republic of Lithuania approves the list of categories of employees entitled to extended leave and determines the specific duration of extended leave for each category of employees.
Carry Forward of Annual Leave – If the employee is unable to take annual leave, the commencement of annual leave shall be postponed, but no longer than the end of the annual leave granted.
If the employee cannot use the annual leave according to its intended purpose, because he is temporarily unemployed or uses the right to the intended leave (maternity, paternity, child care leave etc) or unpaid leave, the annual leave already granted is carried over for that period.
If these circumstances arose during the use of annual leave, the employee’s unused annual leave is granted to him at another time agreed upon by the parties, but in the same working year. At the employee’s request, part of the extended annual leave can be transferred and added to the annual leave of the next working year.
Annual Leave Coinciding with Public Holiday – Public holidays falling within a period of annual leave are not counted as part of annual leave.
Annual Leave coinciding with Sick Leave – Where a worker is unable to take annual leave in accordance with its intended purpose because he is temporarily incapacitated for work , the annual leave already granted is to be carried over for that period. Where such illness circumstancesarose before the beginning of the annual leave, the beginning of the annual leave shall be postponed, but not later than the end of the annual leave granted. If these circumstances arise during the exercise of annual leave, the employee’s unused annual leave shall be granted to him at another time agreed by the parties but during the same working year. At the request of the employee, part of the extended annual leave may be carried over and added to the annual leave of the following working year.
Any transfer or postponement shall be done upon agreement of the employee with the administration.
Annual Leave Pay – Annual leave is paid no later than the last working day before the start of the annual vacation. Leave for the part of the vacation exceeding the duration of 20 working days (if working five working days per week) or 24 working days (if working six working days per week) or four weeks (if the number of working days per week is less or different), the employee is paid during the vacation according to the salary payment procedure and terms.
At the individual request of the employee, after annual leave is granted, the leave is paid according to the usual salary payment procedure.
If the employer delayed payment for annual leave, the period for which payment was delayed is added to other annual leave, if the employee submitted the request within the first three working days after the annual leave. Labor Code, art 144, 128-130, 138.
Special Leave
Duration of Maternity Leave – Pregnancy and maternity leave is 126 calendar days of leave for an expectant mother. Employees shall be granted 70 days’ maternity leave calendar days before delivery and 56 calendar days after delivery(70 in the case of a complicated birth or when two or more children are born in calendar days). The leaves cannot be taken parts.
If the employee does not take pregnancy and maternity leave, the employer must grant part of the fourteen-day leave immediately after childbirth, regardless of the employee’s request.
Eligibility Criteria – The maternity allowance applies if the pregnant woman is covered by maternity social insurance and has at least 12 months of maternity social insurance experience in the last 24 months before the first day of pregnancy and maternity leave.
Pay Benefit – Maternity allowance is paid during pregnancy and maternity leave fully by Social Security, which amounts to 77.58% of salary.
Notice Requirement – Maternity pay is not automatic; employees need to apply within 12 months after maternity leave ends. They should discuss the leave start date with their doctor, who will issue an electronic certificate after 30 weeks of pregnancy. Employees must inform their employer about their leave and submit a formal request. The employer will then handle the necessary paperwork and notify Sodra. To receive maternity allowance, employees must also apply for it and a non-taxable income (NPD) at Sodra’s local office.
Flexibility in work – Pregnant women have the flexibility to choose part-time work during pregnancy and can return to full-time employment with a two-week notice. They are entitled to work remotely, and if the employer cannot prove excessive costs, they must accommodate remote work for at least one-fifth of total working time. This option can be enforced through the Labor Dispute Commission. Additionally, new mothers, breastfeeding mothers, and those raising young or disabled children may also be allowed to work remotely based on employer discretion.
Overtime, night shifts, work on days off, holidays, and business trips are only permissible with the explicit consent of the employee. In instances where employees decline to work at night or can provide a certificate demonstrating that such work would jeopardize their safety and health, they are reassigned to daytime duties.
If a pregnant woman cannot be transferred to full-time work, they are granted leave until the commencement of pregnancy and maternity leave. For breastfeeding women or those who have recently given birth, childcare leave is provided until the child reaches one year of age. Throughout the leave period until the initiation of pregnancy and maternity leave, the employee continues to receive their monthly salary.
Adoption – An employee who adopts a newborn or is appointed its guardian is granted leave for the time from the date of adoption or guardianship until the baby is 70 days old.
Breastfeeding Leave – Breastfeeding employees, are given breaks of at least 30 minutes to breastfeed the baby at least every 3 hours. At the request of the employee, the breaks for breastfeeding the baby can be combined or added to the break for rest and food or moved to the end of the working day, shortening the working day accordingly. Breastfeeding breaks are paid according to the employee’s salary. Labor Code, 2016 (as amended), arts. 131-132.
Parental leave must be taken within one month of the adoption decision or when it begins to be enforced. This leave is not available if the child is adopted by a spouse or if the adoptive parent has already received leave for the same child.
Child Care Allowance can be paid to an adoptive parent covered by maternity social insurance or a qualifying grandparent who is looking after the child. To qualify, the person must have accumulated at least 12 months of maternity social insurance within the 24 months before the start of parental leave. The allowance is provided for up to 18 or 24 months, regardless of the child’s age at adoption, and continues until the child turns 18.
Child care leave must be taken within three months of the adoption decision or when it starts to be enforced. It is not granted if the child is adopted by a spouse or if the adoptive parent has already received leave for the same child.Labor Code, Arts. 133.
Duration of Leave – Male employees are eligible for 30 calendar days of continuous paid paternity leave until their child reaches one year old. These days can be split into a maximum of two parts as per the employee’s preference.
Pay Benefits – The employee is entitled to receive a benefit equal to 77.58% of their regular salary.
The decision regarding the approval of the paternity allowance must be made within 10 working days from the date of receiving the application along with all the required documents at the Sodra territorial department. The payment will be transferred to the employee’s specified personal account no later than 5 working days after the conclusion of the parental leave.
Notice Requirement – An employee must contact their employer about the paternity leave and must apply for the Social Security (Sodra.) Labor Code, 2016 (as amended), arts. 137.
For the first two days of absence, the sickness allowance is paid by the employer. The allowance may not be smaller than 80 percent or larger than 100 percent of the employee’s average monthly salary. From the third to the seventh day of absence, the sickness allowance is paid from the State Social Insurance Fund at 40 percent of the average monthly salary and from the eighth day at 80 percent until the employee is able to work or is declared disabled.
Electronic certificates due to illness or accident are issued from the first day of loss of working capacity until the day of regaining working capacity or until the Agency for the Protection of the Rights of Persons with Disabilities under the Ministry of Social Security and Labor of the Republic of Lithuania determines the level of participation or the need for professional rehabilitation. If the Agency for the Protection of the Rights of Persons with Disabilities determines that a person needs professional rehabilitation, the electronic certificate is issued until the first day of participation in the professional rehabilitation program under the procedure and terms specified in Clause 94 of these Rules.
In the event that the third calendar day coincides with days off or holidays, the electronic certificate may be issued until the following working day.
Each parent (including adoptive parents and guardians) is entitled to a non-transferable portion of parental leave. This entitlement allows each parent to take up to two months of leave before the child reaches the age of 18 or 24 months. This non-transferable two-month leave can be taken by each parent either in full or in separate segments. It can be used alternately with the other parent or guardian. However, it is important to note that both parents, adoptive parents, or guardians cannot take the non-transferable two-month leave simultaneously. The combined parental leave entitlement for both parents is 156 weeks, which is approximately three years. Labor Code, Arts. 134.
Employees are entitled to the following leaves –
Preparation and Regular Examinations – Employees are granted 3 calendar days each for the preparation and taking of regular examinations.
Credit Tests – Employees are allocated 2 calendar days for both the preparation and holding of credit tests for each credit transfer.
Laboratory Work and Consultations – The time allocated for performing laboratory work and consultations is as specified in the training plans and schedules.
Thesis or Dissertation Completion and Defense – Employees are given 30 calendar days to complete and defend their diploma (bachelor’s, master’s) thesis, doctoral dissertation, or art project.
State (Final) Examinations – For preparation and taking state (final) examinations, employees are allowed 6 calendar days per exam.
Non-Formal Adult Education Programs – Staff participating in non-formal adult education programs are entitled to up to 5 working days of study leave per year for participation.
Extended Study Leave for Long-Term Employees – Employees with an employment relationship lasting more than 5 years are entitled to 10 working days of study leave per working year if participation is not formalized.
Self-Education – Employees who are self-educated are not paid for their educational leave unless otherwise specified in collective agreements or through an agreement between the parties. Labor Code, arts. 135.
Employees may be granted up to 12 months of creative leave to create a work of art or a scientific work. The payment during this leave is governed by labor law and agreements between the parties. Labor Code, arts. 136.
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- Employee raising a child under fourteen years – up to 14 calendar days
- A disabled employee, as well as an employee raising a disabled child up to eighteen for a person with a disability who has been identified as having a permanent need for care – up to 30 calendar days
- An employee caring for a sick family member – for such time as he/she recommends health care institution;
- An employee entering into a marriage, – up to 3 calendar days;
- An employee to attend the funeral of a deceased family member – up to 5 calendar days
- Unpaid leave of more than one working day (shift) may be taken at the request of the employee and with the consent of the employer.
- During the child’s mother’s pregnancy and maternity leave and the father’s leave to look after the child at his request (the mother – during the father’s leave to look after the child); the total duration of this leave cannot exceed 3 months.
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During the working day (shift), at the employee’s request, if the employer agrees, free time is provided to satisfy the employee’s personal needs. The employer must provide free time off to the employee if the employee’s request is related to urgent family reasons in the event of an illness or accident in which the employee must be directly involved. The parties to the employment contract may agree on the transfer of working time to the next working day (shift), without violating the requirements of maximum working time and minimum rest time. Labor Code, 2016 (as amended), arts. 137.
