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REPUBLIC OF LITHUANIA

LABOUR CODE

(As last amended on 9 December 2010 – No XI-1219) 

 

Article 2. Principles of Legal Regulation of Employment Relationships

4) equality of subjects of labour law irrespective of their gender, sexual orientation, race, nationality, language, origin, citizenship and social status, religion, marital and family status, age, beliefs or views, membership in political parties and public organisations, factors that are not related to the employee's professional qualities; 

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Article 129. Termination of an Employment Contract on the Initiative of an Employer without any Fault on the Part of an Employee

3. A legitimate reason to terminate employment relationships shall not be:

4) gender, sexual orientation, race, nationality, language, origin, citizenship and social status, belief, marital and family status, convictions or views, membership in political parties and public organisations;

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Article 132. Guarantees to Pregnant Women and Employees Raising Children

1. An employment contract may not be terminated with a pregnant woman from the day on which her employer receives a medical certificate confirming pregnancy, and for another month after maternity leave, except for the cases specified in paragraphs 1 and 2 of Article 136 of this Code and a temporary employment contract upon its expiry.

2. Employment contracts with employees raising a child (children) under three years of age may not be terminated without any fault on the part of the employee concerned (Article 129 of the Code). 

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Article 150. Limitation of Overtime Work

4. Pregnant women, women who have recently given birth, breast-feeding women, employees who are raising a child under three years of age, employees who are alone raising a child under fourteen years of age or a disabled child under eighteen years of age, as well as disabled persons may be assigned to do overtime work only with their consent. Moreover, disabled persons may be assigned to do overtime work provided it is not forbidden by a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour.

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Article 154. Work at Night

4. The disabled, if not prohibited by a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour, pregnant women, women who have recently given birth, breast-feeding women, employees who are raising a child under three years of age, employees who are alone raising a child under fourteen years of age or a disabled child under eighteen years of age may be assigned to work at night only with their consent.

 

Article 155. On-call Duty at the Enterprise or at Home

4. Persons under eighteen years of age may not be assigned to on-call duty at the enterprise or at home. Pregnant women, women who have recently given birth and breast-feeding women, employees raising a child under three years of age, employees alone raising a child under fourteen years of age or a disabled child under eighteen years of age, persons taking care of a disabled person, the disabled, if not prohibited by a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour, may be assigned to on-call duty at the enterprise or at home only with their consent.  

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Article 161. Uninterrupted Weekly Rest

6. It shall be prohibited to assign work on rest days, with the exception of work which cannot be interrupted on technical production grounds (enterprises and organisations of continuous operation), work involving the need to provide services to the population as well as work involving urgent repairs and loadings. Pregnant women, women who have recently given birth, breast-feeding women, employees raising a child under three years of age, and employees alone raising a child under fourteen years of age or a disabled child under sixteen years of age, as well as persons under eighteen years of age may be assigned to work on rest days only with their consent.

 

Article 162. Public Holidays

2. It shall be prohibited to assign work during public holidays, with the exception of work which cannot be interrupted on technical production grounds (enterprises and organisations of continuous operation), work involving the need to provide services to the population as well as work involving urgent repairs and loadings. Pregnant women, women who have recently given birth, breast-feeding women, employees raising a child under three years of age and employees raising a child under fourteen years of age or a disabled child under eighteen years of age, and persons under eighteen years of age may be assigned to work during public holidays only with to their consent. 

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Article 169. Procedure for Granting Annual Leave

3. Where there are less than six months of uninterrupted work, annual leave shall be granted at the request of an employee in the following cases: 1) to women before or after a maternity leave; 2) in other cases laid down by laws and collective agreements.

4. The following persons shall be entitled to choose the time of annual leave after six months of uninterrupted work at an enterprise: 1) persons under eighteen years of age; 2) pregnant women and employees alone raising a child under fourteen years of age or a disabled child under eighteen years of age.

5. Men shall at their request be granted their annual leave during the maternity leave of their wives.

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Article 179. Maternity Leave

1. Women shall be entitled to maternity leave: 70 calendar days before the childbirth and 56 calendar days after the childbirth (in the event of complicated childbirth or birth of two or more children – 70 calendar days). This leave shall be added up and granted to the woman as a single period, regardless of the days used prior to the childbirth.

2. Employees who have adopted newly born babies or who have been appointed as their guardians shall be granted leave for the period from the date of adoption or guardianship until the baby is 70 days old.

3. An allowance provided for in the Law on Social Insurance of Sickness and Maternity shall be paid for the period of leave referred to in paragraphs 1 and 2 of this Article.

4. An employer shall ensure the right of employees to return to the same or an equivalent job (position) after this leave on conditions which are no less favourable to 53 them, including the wage, as well as to benefit from any improvement in conditions, including the wage, to which they would have been entitled during their absence.

 

Article 179(1). Paternity Leave

1. Men shall be entitled to paternity leave – for the period from the date of the birth of a child until the child is one month old.

2. An allowance provided for in the Law on Social Insurance of Sickness and Maternity shall be paid for the period of leave referred to in paragraph 1 of this Article.

 

Article 180. Parental Leave until the Child Reaches Three Years of Age

1. Parental leave until the child reaches three years of age shall be granted, at the choice of the family, to the mother (adoptive mother), father (adoptive father), grandmother, grandfather or any other relative who are actually raising the child, also to the employee who has been recognised the guardian of the child. The leave may be taken as a single period or be distributed in portions. Employees entitled to this leave may take it in turn.

2. The employee intending to use this leave or to return to work before the end of the leave must give the employer a written notice thereof at least fourteen days in advance. A longer period of notice may be established in the collective agreement.

3. During the period of this leave the employee shall retain his job (position), with the exception of cases when the enterprise is dissolved.

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Article 186. Wage

1. A wage shall be remuneration for work performed by an employee under a contract of employment.

2. A wage shall comprise the basic salary and all additional payments directly paid by the employer to the employee for the work performed. 55

3. The wage of an employee shall depend upon the amount and quality of work, the results of the activities by the enterprise, establishment or organisation as well as the labour demand and supply on the labour market. Men and women shall get an equal pay for equal or equivalent work.

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Article 188. Organisation of Remuneration for Work

3. When applying the work classification system for determining the wage, the same criteria shall be equally applied to both men and women, and the system must be developed in such a way so as to avoid discrimination on the grounds of sex.

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Article 220. Guarantees and Compensations in the Case of Posting to Perform Work

3. Persons under eighteen years of age cannot be posted to perform work. Pregnant women, women who have recently given birth and breast-feeding mothers, employees raising a child under three years of age and employees who are alone raising a child under fourteen years of age or a disabled child under eighteen years of age may be posted to perform work only with their consent.

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Article 235. Gross Breach of Work Duties

1. A gross breach of work duties shall be a breach of labour discipline involving gross violation of the provisions of laws and other regulatory acts which directly regulate the employee's work, or any other gross transgression of work duties or the prescribed work regulations.

2. A gross breach of work duties shall include:

5) violation of equal rights for women and men or sexual harassment of colleagues, subordinates or customers;

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Article 278. Maternity protection

1. Pregnant women or women who have recently given birth or breast-feeding women may not be assigned to perform work in the conditions that may be hazardous and affect the health of the woman or the child. The list of hazardous conditions and dangerous factors prohibited for pregnant women, women who have recently given birth or breast-feeding women (hereinafter - list of hazardous conditions of work) shall be approved by the Government.

2. In compliance with the list of hazardous conditions of work and working environment risk assessment results, the employer must establish the nature and duration of potential effect to safety and health of woman who has recently given birth and breast-feeding woman. Upon assessment of the potential effect, the employer must take necessary measures to ensure that the above risk is eliminated.

3. Where the elimination of dangerous factors is impossible, the employer shall implement measures to adjust the working conditions so that exposure of a woman who has recently given birth or a breast-feeding woman to risks is avoided. If the adjustment of her working conditions does not result in avoidance of her exposure to risks, the employer must transfer the woman (upon her consent) to another job (working place) in the enterprise, establishment or organisation.

4. Having been transferred to another job (working place) in the enterprise, establishment or organisation, the pregnant woman, the woman who has recently given birth or the breast-feeding woman shall be paid not less than her average pay she received before being transferred to another job (working place).

5. If transferring a pregnant woman to another job (working place) where her and her expected child’s exposure to risks could be avoided is not technically feasible, the pregnant woman shall, upon her consent, be granted a leave until she goes on her 76 maternity leave and shall be paid during the period of extra leave her average monthly pay.

6. If it is not technically feasible to transfer a woman who has recently given birth or a breast-feeding woman after her maternity leave to another job (working place), where her or her child's exposure to risks could be avoided the woman shall, upon her consent, be granted an unpaid leave until her child is 1 year of age and shall be paid for the period maternity insurance contributions prescribed by law.

7. Where a pregnant woman, a woman who has recently given birth or a breastfeeding woman has to attend medical examinations, she must be released from work for such examinations without loss in her average pay, if such examinations have to take place during working hours.

8. In addition to the general break to rest and to eat, a breast-feeding woman shall be at least every three hours given at least 30-minute breaks to breast-feed. At the mother’s request the breaks for breast-feeding may be joined or added to the break to rest and eat or given at the end of the working day, shortening the working day accordingly. Payment for these breaks to breast-feed shall be calculated according to the average daily pay of the employer.

9. Pregnant women, women who have recently given birth or breast-feeding women may not be assigned to work overtime without their consent.

10. Pregnant women, women who have recently given birth or breast-feeding women may be assigned to work at night, on rest days or on holidays, or posted to perform work only with their consent. If such employees refuse to work at night and submit a certificate that such work would affect their safety and health, they shall be transferred to day-time work. Where it is not possible to transfer such employees to day-time work due to objective reasons, they shall be granted a leave until they go on maternity leave or child-care leave until the child is 1 year of age. During the period of leave granted before the employee goes on maternity leave she shall be paid her average monthly pay.

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