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Amendments in the Lithuanian Labor Code oblige employers to update employment documents

Employment

A bundle of legislative amendments in the field of labor law has already entered into force. The changes were made to implement the European Union directives, which aim to increase employment opportunities, help individuals to improve health and quality of life as well as to balance family and work.

To achieve the above mentioned goals, the amendments basically include more flexible working conditions, non-transferable childcare leave for the mother and father, modified paternity leave for the father and extended protection of the employee from discrimination.

Changes to the Labor Code alone relate to more than 40 articles. The relevant provisions of the Law on Sickness and Maternity Social Insurance, the Law on Equal Opportunities and other laws are also amended. Most of the changes came into effect as early as of the 1st of August 2022, others - a few months later.

What are the changes as of the 1st of August 2022?

One of the amendments to the law expands the employer's obligation to provide employees with more detailed information about employment conditions, which can be provided in employment contracts or other internal documents. In addition to the information mandatory until now and specified in the Article 44 of the Labor Code, prior to hiring the employee, it is necessary to inform (applies to all types of employment, including short-term) about:

  • the probation period, if any, duration and conditions,

  • the procedure for the termination of the employment contract,

  • the procedure for determining and paying for overtime and, if applicable, the procedure for changing work (shift);

  • the right to training,

  • the name of social insurance institutions that receive social insurance contributions related to labor relations and other social security for employees provided through social insurance institutions.

Therefore, we recommend Lithuanian employers to update all employment contract or other internal documents templates before hiring new employees after the 1st of August 2022. Current employees must be provided with the above information upon their request. For transparency purposes it is recommended to inform current employees, providing additional information in a separate document as a unilateral notice signed by the employer. However, the employer must keep evidence that the notice has been served to each employee.

Additionally, other employee rights also are expanded: more flexible working conditions, shorter notice periods, childcare days, etc.

From the 1st of November 2022 – a new obligation for employers regarding the prevention of mobbing

The employer will have to take all necessary measures to ensure the prevention of psychological violence in the working environment and provide assistance to persons who have experienced psychological violence in the working environment already from the 1st of November 2022.

Thus, the employer has an obligation to take measures to eliminate violence, prepare a procedure for reporting violence and organize training for employees on the danger of violence and its prevention. It should be noted that an employer with an average number of employees greater than 50 must approve the violence and harassment prevention policy, publish and implement it in the usual ways in the workplace.

Also, a change will come into force regarding the amount of compensation for employees whose work is mobile in nature or carried out in outdoor conditions or involves travel or driving.

What are the changes as of the 1st of January 2023?

From the 1st of January 2023, the provision that paternity leave can be divided into no more than two parts will also come into force, i. e., the possibility to divide the 30-day paternity leave into up to two parts (previously such a leave was not divided).

Also, a change will come into force regarding the amount of compensation for employees whose work is mobile in nature or carried out in outdoor conditions or involves travel or driving.

The changes in the legal acts related to labor law that have entered into force are of a wide-scale and require the attention of entrepreneurs to duly implement them. If you have any questions or want to make the necessary updates, do not hesitate to contact Fondia, who is always ready to answer your questions. Therefore, we invite you to take advantage of the free initial consultation and consult with one of our lawyers. You can schedule an interview at a convenient time for you by clicking on the Calendly link.