REPUBLIC OF LITHUANIA
LAW
ON
LABOR PROTECTION
The Seimas of the Republic of Lithuania
- recognizing the regulations of social justice of the
Constitution of the International Labor Organization and of the
May 10, 1944 declaration of the General Conference of the
International Labour Organization,
- recognizing the right of every person to proper and
adequate working conditions as declared in the Universal
Declaration of Human Rights,
- taking into consideration the fact that occupational
accidents and diseases as well as inadequate working conditions
cause physical, moral, and economic damage to the people and the
state,
- seeking to reduce as much as possible the probability that
enterprise employees will be injured, get sick, or lose
functional capacity due to working conditions,
shall establish a state policy of labour protection based on
the following principles:
the priority of preserving the life, health, and functional
capacity of employees over labor and production results,
the tripartite cooperation of state, employers', and
employees' organizations,
the development of labor protection science,
stimulation of the production of safe work equipment as well
as individual and collective labor protection equipment,
the establishment of unified labor protection requirements,
the responsibility of employers and employees for violation
of standard acts of labor protection,
the foundation of labor protection and labor medicine
services,
the establishment of economic levers which stimulate labor
protection,
the establishment of a unified procedure for the preparation
of labor protection specialists and for research of the causes of
accidents and occupational diseases,
state control over labor protection,
and following Articles 48 and 49 of the Constitution of the
Republic of Lithuania, taking into consideration the economic
conditions of the Republic of Lithuania, the perspectives
thereof, the conventions and recommendations of the International
Labor Organization, and the experience of other countries, shall
enact the Law on Labor Protection. This Law shall regulate labor
protection in enterprises, institutions, and organizations
(hereinafter referred to as "enterprise"), without regard to the
forms of ownership and subordination thereof.
CHAPTER 1. GENERAL PROVISIONS
Article 1. Basic definitions
For the purpose of this Law:
1) the term "labor protection" ("labor protections") shall
mean the whole of organizational, technical, economic, legal,
hygienic, and prophylactic measures which are instituted to
protect the health, life and functional capacity of people;
2) the term "employer" shall mean the owners or heads of
enterprises of all types who are appointed, elected or who have
in any other manner acquired the powers pursuant to the laws
(bylaws, regulations, documents related to the founding of the
enterprise) of the respective enterprise, including partnerships
and personal enterprises, to conclude, change and cancel
employment contracts, and who must ensure the fulfillment of the
obligations according to this Law, other labor laws, collective
agreements, and standard acts of labor protection.
When a contract is concluded between natural persons, the
employer shall be a natural person.
3) The term "person authorized by the employer" shall mean
the person to whom the employer has granted a part of his or her
rights and duties on labor protection issues;
4) the term "employee" shall mean a person (worker, public
employee) who works under an employment contract in a workplace
furnished by the employer or person who is authorized by the
employer, or a person who holds office in state and executive
power institutions and to whom the term "employer" is not
applicable;
5) the term "workplace" shall mean a place where an employee
works or has to perform work agreed upon in the employment
contract;
6) the term "working environment" shall mean the
environmental area where the employee can be exposed to harmful
and hazardous (physical, chemical, psychophysical, biological)
factors;
7) the term "working conditions" shall mean the whole of the
factors of the working environment, including the nature of work,
the work and rest regime, and working relationships which have
direct influence on the welfare, health, and functions of the
employee;
8) the term "labor means" shall mean the devices, i.e.
materials, equipment, tools, appliances, machinery (machines) and
sets of machinery (machines), including potentially hazardous
machinery, which are used in the labour process to change an
object of work;
9) the term "harmful factor" shall mean the factor of the
working environment due to which an employee may lose functional
capacity or fall ill (or contract an occupational disease), or
whose long lasting influence may be hazardous to life;
10) the term "hazardous factor" shall mean the working
environment or working process factor which, under certain
accidental circumstances, may cause an employee to be traumatized
or killed or which may suddenly worsen an employee's health;
11) the term "potentially hazardous machinery" shall mean
machinery which poses a hazard to people's lives, health and
environment due to accumulated energy or processes taking place
therein;
12) the term "occupational disease" shall mean health
disorders of employees which were caused by the influence of a
harmful factor(s) of the working environment;
13) the term "accident" shall mean the sudden harm to an
employee's health due to the short-term influence of a hazardous,
harmful factor of the working environment and which causes said
employee to lose functional capacity for at least one day;
14) the term "standard acts of labor protection" shall mean
the laws and resolutions of the Seimas and Government of the
Republic of Lithuania, as well as state or enterprise standards,
regulations, norms and rules which have the power of law and are
approved in the established procedure, including agreements on
hygiene and collective agreements which establish the obligatory
introduction and use of one or several indexes, conditions,
actions, ways (methods) of effect, and technical means;
15) the term "person of limited functional capacity" shall
mean persons whose work abilities are limited for reasons of
health (i.e.. invalids, pregnant women, workers who are
transferred to another job according to medical conclusions, old
age pensioners).
Article 2. Object of the Law on Labor Protection
The object of the Law on Labor Protection shall be the
relations between state government institutions, employers, and
employees as well as the establishment of the principal
requirements of labor protection or the procedure for the
establishment of such requirements, in order to protect the
lives, health, and functional capacity of employees.
Article 3. The Right of Employees to Work Safely
Employees shall have the right to work safely, regardless of
the type of activities of the enterprise, the profitability, the
workplace, the working environment, the nature of work, or the
employee's citizenship, race, nationality, sex, age, social
origin, or political or religious convictions.
Article 4. Application of the Law
This Law shall be applicable to:
1) enterprises which are located in the territory of the
Republic of Lithuania, as well as to enterprises which are
located abroad but which are under the jurisdiction of the
Republic of Lithuania;
2) foreign capital enterprises which are located in the
territory of the Republic of Lithuania and enterprises in which a
part of the fixed capital belongs to a foreign investor (joint
enterprises) and which are located in the territory of the
Republic of Lithuania, provided that it has not otherwise been
established in international agreements or in the founding
documents of the enterprise; and
3) citizens of other states and stateless persons who work
in enterprises which are under the jurisdiction of the Republic
of Lithuania.
Article 5. Restrictions on the Application of the Law
Labor protection for citizens of the Republic of Lithuania
who work in foreign enterprises which are not under the
jurisdiction of the Republic of Lithuania shall be regulated by
the laws of the state in which said citizens work.
The Government of the Republic of Lithuania shall have the
right to restrict the application of this Law:
1) under extreme working conditions, when people's safe
activities are established by other standard acts; and
2) upon declaration of an emergency (military) situation as
well as under other special circumstances which pose a threat to
national security.
Labor protection for employees of civil aviation, fish
industry fleet, and sea, river, railroad, and auto transport
shall be regulated by this Law as well as by corresponding
standard acts which have been prepared based on this Law.
Labor protection for persons who are not connected by an
employment contract shall be regulated by standard acts which
have been prepared based on this Law.
CHAPTER 2. REGULATION OF LABOR PROTECTION
Article 6. State Control of Labor Protection
The function of state control of labor protection shall be
carried out by the Minister of Social Security in observance of
the laws of the Republic of Lithuania and this Law, the
resolutions of the Government of the Republic of Lithuania, and
other standard acts of labor protection. The Minister of Social
Security shall represent the interests of the Republic of
Lithuania in other countries and international organizations on
issues of labor protection.
Article 7. The Commission of Labor Protection of the Republic of
Lithuania
The Commission of Labor Protection of the Republic of
Lithuania (hereinafter referred to as "the Commission of Labor
Protection") shall be established according to the tripartite
principal in order to regulate the interests and relations of the
State, employers, and employees by forming and executing a labor
protection policy. The establishment procedure and the functions
of the Commission of Labor Protection shall be established by the
Statute of this Committee, which shall be approved by the
Government of the Republic of Lithuania.
Article 8. The Labor Protection Fund
The Labor Protection Fund shall be established in order to
implement preventive measures of labor protection, to inform
society, and to finance the work of the Commission of Labor
Protection.
The means of the Fund of Labor Protection shall comprise:
1) fees of the parties of the Commission of Labor
Protection;
2) a portion of the Insurance Preventive Fund;
3) a portion of the State Social Security Fund and the Labor
Accident Insurance Fund; and
4) contributions from natural and juridical persons.
The Statute of the Labor Protection Fund shall be approved
by the Government of the Republic of Lithuania.
Article 9. Authorization of Local Governments on Issues of Labor
Protection
Town and regional councils shall have the right to:
1) demand that enterprises (employers) announce the
commencement of enterprise production activities as well as
changes in the type of activities; and
2) upon consent of the enterprises, draw up joint programs
of labor protection and prepare means, coordinate the
implementation thereof, and organize the funds allotted to the
enterprises into a cooperative for this purpose.
Article 10. Training and Instruction of Labor Protection
Specialists
Labor protection specialists shall be trained in
establishments of higher education of the Republic of Lithuania.
The procedure for raising the qualification of labor
protection specialists shall be established by the Government of
the Republic of Lithuania.
Schools of general education shall be required to train
pupils in the general requirements of labor and living
protection.
Students of higher educational and vocational institutions
shall be required to be trained in the requirements of labor
protection according to their respective speciality or
profession.
Employees of enterprises shall be trained and instructed on
issues of labor protection according to the requirements of
Article 30 of this Law.
Article 11. Financing of the Study and Means
of Labor Protection
The labor protection means in enterprises shall be financed
by the employers.
Scientific research of labor protection shall be coordinated
by the Government of the Republic of Lithuania.
Scientific research of labor protection shall be financed
from the funds of the employers and the state budget according to
the procedure established by the Government of the Republic of
Lithuania.
Enterprises which produce means of labor protection shall be
entitled to tax benefits according to the procedure established
by the Government of the Republic of Lithuania.
Article 12. Rights of Trade Unions
Trade unions shall defend the interests of the protection of
the health and lives of their members in the workplace in
observance of the Law on Trade Unions of the Republic of
Lithuania.
Article 13. The Structure of Labor Protection in Enterprises
Employers shall be responsible for labor protection in
their respective enterprises.
In order to create safe and healthful working conditions,
employers shall be required to establish labor protection and
medical services according to the procedure established in
Article 14 of this Law, as well as to create conditions for the
functioning of the enterprise's labor protection committee.
Article 14. Labor Protection and Medical Services in Enterprises
For the purposes of labor protection and hygiene
maintenance, supervision, control, and consultation, employers
shall establish enterprise labor protection and medical services
or shall hire another organization (person) to carry out these
functions.
Specialists of labor protection and medical services shall
be required to have appropriate theoretical and practical
training.
The functions of labor protection services in enterprises
which have less than 50 employees may be carried out by a
person(s) who has been appointed by the employer and who has
training for such work as indicated in the second part of this
Article.
Labor protection services of enterprises, organizations or
persons hired by employers to carry out the functions of labor
protection services, and persons appointed by employers to carry
out the functions of labor protection services in a given
enterprise shall be directly responsible to their employers.
If a labor protection service is not established in an
enterprise according to the procedure and conditions established
in the first, second, and third parts of this Article, the
functions of this service shall be carried out by the employer.
Employers who have established labor protection services in
their respective enterprises shall inform the State Labor
Inspectorate thereof according to the established procedure.
A model statue of enterprise labor protection services shall
be approved by the Government of the Republic of Lithuania. The
statute of the labor protection services of individual
enterprises shall be approved by the respective employer.
Taking the number of employees working in an enterprise as
well as the harmfulness and danger of the working environment
into account, either medical services (dispensaries) shall be
established in enterprises or appropriate institutions or persons
shall be hired for the supervision of the health of employees.
The functions and founding procedure of enterprise medical
services shall be established by the Government of the Republic
of Lithuania.
Article 15. Labor Protection Committees
Labor protection committees shall be established in
enterprises in which more than 50 employees work. Said committees
shall comprise an equal number of employers and representatives
of employee trade unions; in the event that there are no employee
trade unions, employees shall be represented by authorized
persons.
Labor protection committees may be established in
enterprises which have less than 50 employees either on the
initiative of the employer or on the demand of at least half of
the employees.
Labor protection committees shall hear out and evaluate the
activities of the employers, the enterprise subdivisions, and the
labor protection service on issues of labor protection, shall
plan measures for the improvement of labor protection, and shall
examine the reasons and circumstances of accidents and
occupational diseases.
Members of labor protection committees (representatives of
employees trade unions or authorized representatives of
employees) may be dismissed from work on the initiative of the
employer only upon obtaining agreement on said dismissal with the
State Labor Inspectorate.
Members of labor protection committees shall be paid for
their work in the committee from the employers funds.
The time which is allotted for members of an enterprise's
labor protection committee to carry out their functions shall be
established in collective agreements and collective contracts.
For time which is wasted to resolve issues of labor
protection, members of enterprise labor protection committees
shall be paid the average salary.
A model statute for enterprise labor protection committees
shall be approved by the Commission of Labor Protection. The
statute of each enterprise labor protection committee shall be
approved by representatives of the parties to the collective
agreement of the enterprise.
The rights and functions of labor protection committees may
be transferred (if said committees shall not be established) to
representatives of the parties to collective agreements in the
procedure established therein.
CHAPTER 3. REQUIREMENTS FOR WORKING ENVIRONMENT,
WORKPLACES, JOBS, AND INDUSTRIAL LIVING CONDITIONS
Article 16. General Requirements for Working Environment
and Workplaces
The working environment and workplaces must meet the
requirements set forth in this Law and other standard acts of
labor protection.
New and reconstructed enterprises as well as the
subdivisions thereof shall be accepted for operation according to
the procedure established by the Government of the Republic of
Lithuania.
Article 17. Standard Acts of Labor Protection which
Regulate the Equipment of Workplaces
The requirements for the equipment of workplaces and the
surroundings thereof shall be established by state and enterprise
standards, state norms, and rules.
Places which are located in premises allotted to meet the
social-living needs of the employees of the enterprise shall be
equivalent to the workplaces (according to item 5 of Article 1).
The factors of a working environment which are established
according to standards and norms must not exceed quantities which
could cause a person who is either working or who is no longer
working to suffer health disorders or occupational diseases.
The standards, norms, rules, and instruction of labor
protection shall be prepared and approved in the procedure
established by the Government of the Republic of Lithuania.
Article 18. Labour Means and the Supervision thereof
Only means of labor which are technically accurate and which
meet safety requirements shall be permitted to be utilized.
A list of technical equipment which is potentially dangerous
and which poses a threat to employees, residents, or the
environment shall be approved by the Government of the Republic
of Lithuania; the safe utilization, supervision, and control of
said equipment shall be established by standard acts as well as
by the technical documents of such equipment.
Article 19. Requirements for the Internal Traffic of Enterprises
Employers shall be responsible for safe traffic in their
respective enterprises.
Transport traffic in the territory of enterprises shall be
organized according to the traffic rules of the mode of
transport; exceptions may be made for special (technological)
transport.
The rules of traffic for special (technological) transport
shall be prepared by the employers according to the requirements
of standard acts of standard acts of labor protection.
Article 20. Requirements for the Utilization of Harmful
and Hazardous Materials
Employers who produce, use, transport, or keep materials
which are harmful or hazardous to people's health (material which
easily ignite, explode) shall execute measures to ensure the
safety of the health and environment of their employees as well
as the working environment thereof.
Employees must be trained and instructed in work with
harmful or hazardous materials, and must be provided with means
for individual and collective safety.
The production, utilization, transport, and custody of
harmful and hazardous materials shall be established by standard
acts of the Republic of Lithuania.
Article 21. Requirements for Produced Products
Production which is produced and sold by an enterprise which
is later ascribed to labour means must conform to the
requirements of labor protection established in standard acts.
The conformity of production to the requirements of labor
protection shall be indicated in certified or technical
documents.
Upon proving that labour means are harmful to people's
health or is life-threatening, the production thereof shall be
prohibited by the State Labor Inspectorate.
Article 22. Requirements for Labor Organization
Employers shall be required to organize jobs and create
conditions, including salaries, in such a way that would
stimulate employees to observe labor protection requirements.
Conditions which ensure labor protection must be established
in the documentation of labor (production) organization and
technical provision according to the requirements of standard
acts of labor protection.
Article 23. Standard Acts of Safe Organization and
Carrying out of Works
Work must be organized according to the requirements of
standard acts of labor protection.
Employers shall prepare, according to standard acts of labor
protection organization and implementation as well as technical
documents of labour means, labour protection instructions for
employees which employees must sign to confirm their acquaintance
therewith. Employers, in conformity with the State Labor
Inspectorate, shall compile a list of their employees'
professions for which labour protection instructions have not
been prepared.
When requirements for labor protection have not yet been
established in standard acts of labor protection or if there are
no concrete requirements in state standards and rules which must
be observed, employers shall prepare and approve instructions for
the organization and implementation of labor protection according
to the Law and the technical documents of labour means.
The requirements for the rules and instructions for the
organization and implementation of labor protection shall be
equivalent to the employees' official regulations.
Article 24. Obligatory Health Examinations
Employees who work under hazardous, harmful, or very harmful
conditions (Article 67) shall be required to have their health
examined in advance (upon beginning work), periodically, for
certain jobs, and after canceling their employment contracts.
Persons under the age of 18 shall be required to have their
health examined upon beginning work and annually thereafter until
they reach the age of 18. In some professions, young employees
shall be required to have their health examined upon beginning
work and periodically thereafter until they reach the age of 21
if their work poses a risk to their health.
In the food industry, public nutrition, trade, and water-
supply enterprises, medical treatment, disease prevention, and
children's institutions, as well as in some other enterprises,
medical examinations of employees must be carried out with the
goal of protecting the health of residents.
Employers shall pay for expenditures related to periodical
medical examinations and shall also pay employees an average
salary for time spent having medical examinations performed. The
procedure for payment of periodical medical examinations as well
as for payment of an average salary to employees for time spent
having medical examinations performed shall be established by the
Government of the Republic of Lithuania.
Employees who refuse to have their health examined at the
established time shall be dismissed from work and shall not be
paid a salary. Such a refusal shall be considered to be a
violation of labor discipline and may act as the basis for an
employer to dismiss the employee from work in accordance with
laws. The conclusions of an employee's medical examination shall
be uniformly obligatory for both the employer and the employee.
A list of professions, jobs, and productions which require
the employees thereof (including persons under the age of 18 and,
for some professions, under the age of 21) to have their health
examined upon beginning work and periodically thereafter, as well
as the procedure for examinations, shall be established by the
Government of the Republic of Lithuania.
Article 25. Suspension of Labor
The State Labor Inspector and enterprise labor protection
committees shall have the right to demand, by their own
resolution, that an employer (or person authorized thereby)
suspend work if:
1) the employees are not trained to work safely;
2) the labour means are defective or if, due to a state of
repair, conditions may be or have been created for accidents or
sudden occupational diseases;
3) the working environment has become dangerous to the
health or lives of the employees due to technological or labor
process violations;
4) the employees are not provided with the necessary means
for collective and individual protection at work;
In the event that the employer (or person authorized
thereby) refuses to implement a requirement to suspend work, or
if the employer (or person authorized thereby) is absent, the
State Labor Inspector shall suspend labor and, if necessary,
shall see to it that the employees leave the dangerous zone.
The State Labor Inspectorate may suspend labor in the cases
indicated in the second part of Article 21 of this Law.
Article 26. Material Requirements
Enterprises shall be equipped with facilities (places) for
resting, the changing and storage of clothes and footwear, and
sanitary and personal hygiene (washrooms and lavatories, as well
as personal hygiene facilities for women) according to the
procedure established by standard acts.
Material provisions in enterprises in which the working
conditions are harmful or hazardous shall be arranged in
compliance with the special requirements thereof.
Standard acts of labor protection shall establish special
requirements for the equipment of various types of material
facilities and the provision of services as well as the quantity
and quality indexes thereof.
Enterprises shall be equipped with dispensaries and places
for taking meals taking into consideration the number of
employees and in accordance with the requirements of standards
for the equipment of corresponding premises.
Article 27. Requirements for Living Premises
Temporary living premises provided for employees by the
employers due to the itinerant nature of the work must meet the
minimal living and hygienic requirements of such premises.
CHAPTER 4. DUTIES AND RIGHTS OF EMPLOYERS AND EMPLOYEES
SUB-CHAPTER 1. DUTIES AND RIGHTS OF EMPLOYERS
Article 28. Duties of Employers
Employers must adhere to this Law and carry out the
requirements of other standard acts of labor protection:
1) to inform the State Labor Inspectorate of the
commencement of exploitation of an enterprise and its divisions;
2) to instruct and train employees to work safely and to
check the knowledge thereof;
3) while drawing up employment contracts and periodically
thereafter, when the production (working) process changes, to
inform employees of hazardous, harmful and other risk factors in
workplaces and the influence thereof on their health;
4) to supervise the observance of labor protection
requirements by employees;
5) to provide enterprises, workplaces and employees with
safe equipment, to implement safe working and technological
processes, to provide employees with means of labor protection,
and to properly equip industrial living premises;
6) to organize medical services and health examinations of
employees according to Articles 14, 24, and 26;
7) in the established manner, to report accidents and
occupational diseases (Article 74), to create conditions for the
research of the causes thereof, and to compensate for health
injuries (Articles 79 and 80);
8) to create conditions for organizational structures of
labor protection (indicated in Articles 13, 14 and 15 of this
Law) to function;
9) to organize the work of employees according to a
physiologically-based regime of work and rest;
10) to organize, according to the established procedure,
research of workplaces and the work environment as well as tests
of the methods being used for collective and individual safety;
11) taking into consideration the medical or disablement
conclusions of the established commission (Article 33), to
transfer employees to other jobs;
12) to insure employees from occupational accidents and
diseases according to the established procedure;
13) to approve the instructions of labour protection of the
enterprise and official instructions and to carry out the
obligations of collective agreements and other duties of labour
protection.
Article 29. Employer Certification
Prior to the commencement of enterprise exploitation (the
provisions of services) and no more than every 5 years
thereafter, employers (Article 1, item 2) shall submit a document
to the State Labor Inspectorate confirming their competence in
labor protection.
Article 30. Instructing and Certification of Employees
in Labour Protection
Employers may not appoint employees to a job until the
latter has been instructed in safe methods of work.
While drawing up labor contracts, transferring employees to
other jobs, and changing work (production) processes, production
technology, or work conditions, as well as if the standards,
norms, rules, or instructions for labour protection change,
employers shall be required to instruct employees in labour
protection.
Only employees who have acquired special knowledge and who
have passed an examination on labour protection shall be
permitted to supervise or work with potentially dangerous
technical equipment and/or carry out hazardous work. Enterprises
shall only acquire the right to certify employees who work with
potentially dangerous equipment or technology, who work in
hazardous production, or who carry out potentially dangerous jobs
upon receiving a permit from the State Labor Inspectorate.
The procedure for instruction and certification of employees
in labour protection in enterprises shall be established by the
Minister of Health Care.
Article 31. Provision of Employees with Means
of Labor Protection
Employers shall give employees work clothes and footwear as
well as other means of individual and collective labor protection
free of charge and in accordance with the procedure and
conditions established in standard acts.
Employers shall be required to organize the storage, drying,
laundering, cleaning, and mending of work clothes and footwear
and other means of individual safety.
Means of labor protection must be checked periodically.
Work clothes and footwear as well as other means of labor
protection must adapted to the work, must be comfortable to wear,
and may not create additional hazards to the health of the
employees.
Employees who, due to the nature of their jobs, get dirty at
work must be provided with personal hygiene supplies (soap,
towels) free of charge and according to the established norms. In
jobs where skin may come into contact with harmful substances,
washing agents and protective pastes shall be provided.
The minimum norms of work clothes and footwear and means of
individual safety and personal hygiene, as well as the
periodicity of examination of means of labor protection, shall be
established by the Government of the Republic of Lithuania.
Article 32. Organization of Medical Services
In the event of accidents or sudden sickness at work,
employers shall be required to ensure their employees of prompt
medical aid.
If it is not necessary to call an ambulance, the transport
to treatment institutions of employees who have fallen ill or
suffered a trauma in the workplace shall be organized by the
employer (or person authorized thereby).
The procedure for the provision of medical services to
employees in an enterprise shall be established in the Statute of
the dispensaries of enterprises (Article 14).
Article 33. Duty of Employers to Transfer Employees
to other Jobs for Health Reasons
An employee who, according to a medical or disablement
conclusion of the established commission, cannot carry out the
agreed job (duties) because it poses a threat to his or her
health or because his or her work may be hazardous to others must
be transferred, upon agreeing thereto, to a job which corresponds
to his or her state of health, and, if possible, to his or her
qualifications (profession), or to another job.
If an employee does not agree to be transferred to the job
which has been offered or if there is no job to which he or she
could be transferred, the employer, in observance of the law,
shall discharge the employee from work according to item 10 of
Article 26 of the Law of the Republic of Lithuania on Employment
Contracts, barring the exception established in the third part of
this Article.
In the event that the health of an employee worsens due to
work in an enterprise (inability to carry out the previous job
due to injury, occupational disease, or other damage to health)
the employee shall be suspended from work and, if there is no
possibility of transferring him or her to another job according
to the first part of this Article, he or she shall be paid an
average salary until he or she recovers or is declared to be an
invalid. Upon declaring an employee to be an invalid, said
employee may be dismissed from work in accordance with the law
and based on item 10 of Article 26 of the Law of the Republic of
Lithuania on Employment Contracts.
Article 34. The Duties of Two or More Employers
in Organizing Jobs in the Same Enterprise,
Territory, or Workplace
If two or more employers are carrying out work in the same
enterprise, territory, or workplace, they shall be required to
organize labor in such a way that the labour protection of all of
the employees be guaranteed, regardless of which of the employers
the employment contract was signed with. The employers, from
their distance, shall appoint one employer who shall organize and
be responsible for the safety of all of the employees working in
the same enterprise, territory, or workplace. Such an agreement
shall be made official in writing.
Article 35. Rights of Employers
In order to ensure the safety of employees at work,
employers shall have the right to:
1) demand that employees observe the standard acts of labor
protection;
2) impose disciplinary punishments on employees who violate
the standard acts of labor protection and demand, according to
the established procedure, that damage be compensated for;
3) dismiss or temporarily suspend without pay an employee
from work if said employee, in the workplace and during work
hours, is intoxicated with alcohol, drugs, or toxic substances,
disregards the warning of the employer or person authorized
thereby, or consciously does not comply with the standard acts of
labor protection;
4) demand that other enterprises (employers) compensate for
losses suffered due to the fact that acquired production,
projects, or services did not conform with the requirements of
standard acts of labor protection;
5) to receive information on labor safety from state
institutions of administration;
6) to participate in the examinations of the State Labor
Inspectorate or to charge other employees of the enterprise to
participate therein, and to become acquainted with the
examination material;
7) to establish stricter labor protection requirements in
the enterprise than are provided for in the standard acts of
labor protection. Stricter labor protection requirements in an
enterprise shall be legalized in collective treaties and
collective agreements, and may not contradict the laws of the
Republic of Lithuania or the standard acts of labor protection;
and
8) to transfer a portion of their rights and duties on
issues of labor protection to a competent employee(s) of the
enterprise.
Article 36. The Transfer of a Portion of the Employer's
Rights and Duties on Issues of Labor Protection
to Other Enterprise Employees
Employers shall make the transfer of a portion of their
rights and duties on issues of labor protection to competent
enterprise employees official in writing in the employment
contract.
Persons authorized by an employer shall ensure and be
responsible for the labour protection of employees in the
enterprise divisions and workplaces which were assigned to them
according to the powers established in the labor contract, with
the exception of cases when said persons have informed the
employer in writing of a hazard to the health or lives of the
employees (which they could not eliminate themselves) and the
employer has not taken measures or created conditions for the
authorized persons to ensure safe labor.
The transfer of an employer's rights and duties on issues of
labor protection to an authorized person shall not release the
employer from the responsibility to ensure safe and healthy work
conditions in the enterprise and subdivisions and workplaces
thereof.
SUB-CHAPTER II. RIGHTS AND DUTIES OF EMPLOYEES
Article 37. Duties of Employees
Employees shall be required to:
1) protect their own health, refrain from harming the health
of other employees, know how to work safely, and know and carry
out the requirements of standard acts of labor protection;
2) observe the rules for the exploitation of machines and
mechanisms as well as the instruction of labor safety; refrain
from working with technically irregular means of labor and inform
their employer (person authorized thereby) thereof;
3) work with work clothes and footwear and utilize means of
individual and collective safety if corresponding rules or
instructions so require;
4) to take measures and, in accordance with their competence
and possibilities, eliminate factors which may cause traumas or
accidents, and immediately inform the employer (authorized
person) thereof;
5) to inform the employer of person authorized thereby of
traumas which occurred during work hours and of sudden health
disorders which are related to work;
6) have their health examined according to the established
procedure (Article 24);
7) carry out other legitimate instructions of employers,
persons authorized thereby, and officials controlling labor
safety.
The individual duties of employees to ensure safe labor
shall be established by the rules, duties, and labor protection
instructions of the internal labor procedure of the enterprise.
Article 38. Rights of Employees
Employees shall have the right to:
1) demand that employers ensure safe labor and provide
appropriate work clothes and footwear and means of individual
safety according to the established procedure (Article 31);
2) learn from their employers (authorized persons) of
factors which exist in their work environment that are harmful of
hazardous to their health;
3) familiarize themselves with the results of advance and
periodical health examinations (Article 24); in the event that
they do not agree with examination results, to have a repeat
examination;
4) refuse to work if so doing poses a danger to their health
or lives (Article 39) or if they have not been trained to carry
out said job safely;
5) demand, in the established procedure, that damage to
their health caused by unsafe working conditions be compensated
for;
6) negotiate with their employer (person authorized thereby)
concerning the improvement of labor safety according to the
procedure established in the Law of the Republic of Lithuania on
Collective Agreements;
7) address trade unions and the committee of labor
protection of the enterprise concerning labor safety.
Article 39. Procedure for Refusal to Work
In cases established in item 4 of Article 38 of this Law,
employees shall inform (orally or in writing) their employers
(persons authorized thereby) of the reasons for their refusal to
work.
Disagreements (arguments) concerning an employee's refusal
to work shall be resolved by the committee of labor protection of
the respective enterprise and the State Labor Inspectorate. The
written decision of said inspectorate shall be obligatory for the
employer and the employee.
The refusal to work for a substantiated reason according to
the first part of this Article and paragraph 4 of Article 38
shall not be considered the violation of labour discipline.
Employees shall be paid an average salary for time which
they have refused to work for a substantiated reason. An employee
shall not be paid for time which he or she has refused to work if
reasons stated therefor are groundless, and losses resulting
therefrom shall be compensated to the employer from the
employee's account according to the procedure established by
laws.
CHAPTER 5. WORK AND REST TIME
Article 40. Work Hours (Shifts)
The normal work hours for employees in enterprises may not
exceed 40 hours per week.
The length of a workday (shift) shall be established
according to the number of workdays (shifts) per week.
The maximum length of a workday (shift), including overtime,
may not exceed 10 hours a day, and only in exceptional cases
provided for in Article 44 and the third part of Article 48 of
this Law, as well as upon the consent of the Labour Protection
Committee of the enterprise, the maximum length of the workday
(shift) (together with a break for rest and meals) may be up to
12 hours a day.
Article 41. Shortened Work Hours
Shortened work hours shall be established as such:
1) 36 hours per week for employees between the ages of 16 to
18, and 24 hours per week for persons between the ages of 14 to
16;
2) the weekly work hours for pupils who work during their
free time in the course of the school year may not exceed half of
the maximum work hours established in item 1 of this Article;
3) 36 hour for employees who work in very harmful work
conditions (Article 67). The concrete length of a workday (shift)
shall be established by the Government of the Republic of
Lithuania, taking into consideration the harmfulness of the
working conditions; and
4) work hours for persons of limited functional capacity
shall be determined according to the conclusions of the
established committee.
Shortened work hours shall be established for employees of
some categories (i.e.. teachers, doctors) by the Government of
the Republic of Lithuania.
Article 42. Establishment of the Number of Workdays per Week,
the Beginning of Work, the End of Work, and Breaks
The number of workdays per week, the beginning and end of
the workday, breaks to rest and eat, and additional and special
breaks during work shall be established in the rules of internal
work procedure and the work (shift) schedule, which shall be
approved in collective agreements according to the established
procedure. In working shifts, equal change of shifts must be
guaranteed.
A five-day work week with two days off shall be established
for employees.
For enterprises in which a five-day work week is impossible
due to the nature of production or other conditions, a six-day
work week with one day off shall be established.
In the event of a six-day work week, the workday may not
exceed 7 hours if the weekly norm is 40 hours, 6 hours if the
weekly norm is 36 hours, and 4 hours if the weekly norm is 24
hours.
The rules of internal work procedure as well as the work
schedule shall be made public at least 2 weeks prior to their
coming into force.
Employers shall inform the local government of changes in
the enterprises work schedule at least 2 weeks in advance.
Employees' work hours and overtime shall be marked on the
work hour register.
Peculiarities of work hours for institutions of state
management shall be established by the Government of the Republic
of Lithuania.
Article 43. Work Hours on the Eves of Holidays and Days Off
On the eves of holidays, the work hours of employees, with
the exception of those indicated in Article 41 of this Law, shall
be shortened by one hour if a five-day week is being worked.
If a six-hour week is being worked, work should not exceed 5
hours on the eve of days off.
Article 44. Summary Record of Work Time
In enterprises which work continuously, as well as in shops,
sections, jobs with an interrupted work regime, and jobs in which
specific categories of employees cannot observe the established
work week due to production or technical conditions, the
employers, upon receiving consent from the State Labor
Inspectorate, may introduce a summary record of work time;
however, the work week should not exceed 60 hours, and the normal
number of work hours should not be exceeded during the period of
the record, provided that the procedure for the assignment of
weekly rest established in Article 54 of this Law is not
violated. The length of the recorded period shall be established
in collective employment contracts, but may not exceed one year.
In continuous production, the employer shall compensate for
excessive work time by providing an additional day off within 2
weeks. Financial compensation is prohibited.
Article 45. Night Work and the Limitation thereof
Night work shall embrace the time from 10 o'clock p.m. to 6
o'clock a.m.
Persons named in Article 61 and in the second part of
Article 63, as well as persons who are prohibited from night work
according to medical conclusions, shall not be permitted to work
nights.
It shall be prohibited to assign night work without
agreement of the employee to the following persons:
1) employees who are singly (father or mother) raising or
taking care (guardian) of children who are under the age of 8;
and
2) disabled persons if the commissions which establish
disability do not prohibit such work for them.
Article 46. Reduced Work Hours
Upon agreement of the employee with the employer, a reduced work
day or reduced work week may be established.
Employers shall be required to establish work schedules of
reduced work days or reduced work weeks if such is requested by:
a pregnant woman or a woman who has a child under the age of
14 or a child who has been declared a invalid under the age of
16; a father who is singly raising a child under the age of 14 or
a guardian who is raising a child of said age; an invalid; or a
person who is nursing an ill family member and who has presented
a medical conclusion thereon.
Work in reduced work hour conditions shall not limit the
employee's labor rights.
The procedure for establishing reduced work days and reduced
work weeks shall be established by the Government of the Republic
of Lithuania. Other reduced work hour regimes which are more
favorable to the employee may be established in collective
contracts, collective agreements, and employment contracts.
Article 47. Duty at Home
Duty at home which is related to work shall be included in
work time.
The concrete duty time which shall be included in work time
shall be established in employment or collective contracts.
Article 48. Overtime Work
Work which employees perform during time in excess of the
length of work hours established in collective agreements or the
rules of internal procedure shall be considered to be overtime
work.
Work of employers or persons authorized thereby and of other
employees indicated in laws which is performed in excess of the
established length of work shall not be considered overtime work.
A list of the duties and professions of such persons shall be
specified in collective agreements and the rules of internal
procedure.
Employers shall have the right to organize obligatory
overtime work and work on days off for employees (with the
exception of employees enumerated in the third part of Article
45, and in Articles 61 and 63) when:
1) the work is indispensable for national security and it is
necessary for the prevention of calamities and hazards;
2) the work is indispensable for society in order to
eliminate accidental or unexpected conditions resulting from
accidents, calamities, etc.;
3) it is necessary to complete work which is already in
progress and which, for unplanned or accidental obstacles
connected with technical production conditions, was not possible
to complete during normal work hours, if materials or equipment
would be ruined if said work was to be interrupted;
4) the work concerns the rebuilding or repair of mechanisms
or equipment, if the breakdown of said mechanisms or equipment
would prevent the majority of employees from working;
5) no one comes to relieve said employee (employers shall be
required to relieve employees who are working a second
consecutive shift before half of the second shift is over); and
6) loading, unloading, or transportation work connected
therewith is to be carried out, to prevent the accumulation of
freight and demurrage of means of transport.
In cases not enumerated in the third part of this Article,
employers may organize overtime work in accordance with the
procedure established in collective agreements and upon receiving
the written consent of the employee.
Work which employees perform after completion of the work
day (shift) on their own initiative and upon agreement with the
employer shall not be considered overtime work; however, the
length of daily and weekly rest time established in Articles 53
and 54 of this Law must be guaranteed.
It shall be prohibited to work overtime under extremely
harmful working conditions (Article 67), barring the case
indicated in item 5 in the third part of this Article.
Article 49. Overtime Work Restrictions
If an employee works for two consecutive days, his or her
overtime work may not exceed 4 hours; a single employee may not
work more than 120 overtime hours per year. Employees shall be
required to calculate the entire number of overtime hours that
each employee has worked.
Article 50. Time Off
The following types ofbreaks shall be established to
renew the functional capacity and health of employees:
breaks to rest and eat;
additional and special breaks to rest;
daily time off; and
weekly time off.
In addition to established time off, holidays shall be
granted in the procedure established by laws of the Republic of
Lithuania in order to renew the functional capacity and health of
employees.
Article 51. Breaks to Rest and Eat
Employees shall be given a break to rest and eat of at least
half an hour and not more than two hours, during which they shall
have the right to leave the workplace and use the time at their
own discretion. Breaks to rest and eat shall be given no later
than after 4 work hours.
At jobs where it is not possible to leave the workplace and
take a break due to production conditions, employees shall be
provided with the opportunity to eat during work. The list of
such jobs and the procedure for taking meals shall be established
in employment and collective contracts.
The beginning and end of breaks to rest and eat, as well as
the length and procedure for granting thereof on the eve of days
off and national holidays shall be established in collective
agreements, collective contracts, and employment contracts.
Breaks to rest and eat shall not be included in the work
time.
Article 52. Additional and Special Breaks
Taking working conditions into consideration, employees
shall be given additional breaks to rest during work time.
Employees who work outdoors or in non-heated premises (when
the temperature outside is lower than -10 degrees centigrade), as
well as in other cases provided in standard acts of labor
protection, must be given special breaks. Rest rooms shall be
equipped for this purpose. Special breaks shall be included into
work time and must be at least 10 minutes long.
The number and length of additional and special breaks to
rest, as well as the rest place, shall be established in
collective agreements and employment contracts, taking the
concrete working conditions into consideration.
Rest and special breaks during work time (shifts) shall be
regulated, taking working conditions into consideration, by
standard rest regime regulations which shall be approved by the
Minister of Social Security. Additional rest breaks may be
provided in collective contracts and collective agreements.
Article 53. Daily Rest
It shall be prohibited to assign an employee two consecutive
shifts.
Employees must be given at least 10 consecutive hours of
rest for each 24 hour period. The length of rest for persons
under 18 years of age shall be established on the basis of
Article 60 of this Law.
Article 54. Weekly Time Off
The length of the uninterrupted rest per week must be at
least 36 hours.
In the case of a five-day work week, the employee shall be
given two days off per week, and in the case of a six-day work
week - one day off (the third part of Article 42).
The general day off shall be Sunday; in enterprises where
all employees are non-Christians, any day of the week may be
assigned as the general day off, with the exception of the cases
provided in Articles 55 and 56.
In the case that the work week consists of less than 5 days,
other days off shall be provided in employment and collective
contracts.
Article 55. Days Off in Service Rendering Enterprises
Towns and regional councils shall establish days off for
enterprises which cannot interrupt work on Sundays because of the
necessity to render services to the population (shops, transport
enterprises, theaters, museums, etc.).
Article 56. Days Off in Enterprises which Work Without
Interruption and which Keep Summary Records of Work Time
In enterprises whose work cannot be stopped due to
production or technical conditions, as well as in enterprises
which provide uninterrupted services to the population, days off
shall be given on various days of the week to each group of
employees in succession according to the work (shift) schedules,
provided that said enterprises keep summary record of work time.
Article 57. Peculiarities of the Regulation of Work and
Rest Time
Taking into consideration the seasons of the year, seasonal
prevalence of jobs, and other conditions, work and rest time in
transport, communication, agriculture enterprises, as well as in
sea and river fleet may differ from the norms established by this
Law. Peculiarities of work and rest time for separate branches of
the economy shall be established by the Government of the
Republic of Lithuania.
CHAPTER 6. WORK OF MINORS, WOMEN AND PERSONS
WITH LIMITED FUNCTIONAL CAPACITY
SUB-CHAPTER 1. WORK OF MINORS
Article 58. Regulation of Labor Protection for Persons under
Eighteen Years of Age
According to this Law and other standard acts of labor
protection, work privileges shall be applied to minors - persons
from 14 to 18 years of age.
Upon the written consent of one of the parents or guardians
of a child as well as with the permission of a doctor, persons
under 14 years of age may provide communication services and may
participate in cultural and art festivities and other activities
which do not have a negative influence on said child's health,
morals, or studies.
The Government of the Republic of Lithuania shall establish
the employment procedure, jobs, and rest time for persons under
14 years of age, as well as exceptional conditions under which
said persons may perform a certain job.
Employers must make up a nominal list of employees who are
under 18 years of age and must guarantee their work safety.
Article 59. Work Privileges for Persons under 18 Years of Age
It shall be prohibited to appoint persons under 18 years of
age to perform hazardous work in harmful or very harmful working
conditions (Article 67).
The Government of the Republic of Lithuania shall establish
the jobs which persons under 18 years of age shall be prohibited
from carrying out, as well as hazardous and harmful factors.
The conditions and procedure for vocational training of
persons under 18 years of age for established jobs (the second
part of this Article) shall be determined by the Government of
the Republic of Lithuania.
The Government of the Republic of the Lithuania shall
establish the jobs and working conditions under which persons
between 14 and 16 years of age may be employed.
Article 60. Rest Time for Persons under Eighteen Years of Age
Daily uninterrupted rest time for persons under 16 years of
age must be at least 14 hours, and at least 12 hours for persons
from 16 to 18 years of age; this rest time must be between the
hours of 8 p.m. and 8 a.m.
Persons under 18 years of age must be given at least 2 days
off per week.
Article 61. Prohibition to Appoint Persons under Eighteen
Years of Age to Work Night and Overtime Work
It shall be prohibited to assign persons under 18 years of
age to work at night, on days off, on holidays, and overtime
work.
SUB-CHAPTER 2. WORK OF WOMEN AND PERSONS WITH LIMITED
FUNCTIONAL CAPACITY
Article 62. Protection of Maternity
Women shall have the right to chose to work full- or part-
time, and to do work which is harmful to neither their nor their
children's health.
By this Law, the State shall guarantee women, including
pregnant women and women who are raising children, work
privileges.
Article 63. Work Privileges for Pregnant Women and Women
who Have Young Children
Pregnant women who have presented medical conclusions must
be given reduced work norms or must be transferred to another job
which is not harmful to their health and where the average salary
is not less than at the previous job. If it is not possible to
transfer a pregnant woman to a job which is not harmful to her
health, as well as while solving the issue of a pregnant woman's
transference to an easier job or a job which is not harmful to
her health, said woman shall be relieved from work while keeping
the average salary for the days concerned, the difference of
which shall be paid from the social security funds.
It shall be prohibited to appoint pregnant women and women
who are raising children under three years of age to overtime
works and night work, although it shall be permitted to appoint
said women to work on days off and holidays and to send them on
business trips if their consent thereon has been given.
If a woman cannot work because she has a child under one and
a half years of age, she may request to be transferred to another
job while keeping the average salary from her previous job until
the child reaches one and a half years of age. Furthermore, in
addition to the general break to rest and eat, said women shall
be given a break of at least half an hour at least every three
hours in order to feed their children. If a woman so desires,
breaks to feed her child may be joined or added to the break to
rest and eat, or may be moved to the end of the work day (shift),
correspondingly shortening the work day (shift). These breaks
shall be paid for according to the average salary from the social
security funds.
Women who have children between the ages of 3 and 14, as
well as women who have disabled children under the age of 16, may
not be assigned to work overtime or be sent on business trips
without their agreement thereto.
Women who are raining children under 14 years of age shall
have priority in choosing their work shift if there is such a
possibility.
If the actual salary of a woman who has had her work norm
decreased, who has been transferred to another job due to
pregnancy, or who has been transferred to an easier job because
she is raising a child under one and a half years of age is,
therefor, less than her previous average salary, the difference
between the actual salary and the previous average salary shall
be paid from the social security funds.
Article 64. Jobs Prohibited for Women
It shall be prohibited to assign women under the age of 40
to jobs which are potentially hazardous to maternal functions.
Prohibited jobs as well as factors of the work environment
which are harmful or hazardous to the health of women, including
those under 40 years of age, and pregnant women shall be
established by the Government of the Republic of Lithuania.
Article 65. Work of Persons with Limited Functional Capacity
Labor protection of persons with limited functional capacity
shall be guaranteed by this and other laws, as well as by
standard acts of labor protection.
Work and rest privileges for men over the age of 60 and
women over the age of 55 shall be established by the parties
(employer and employee) by drawing up (extending) a labor
contract or in collective agreements and contracts.
CHAPTER 7. EVALUATION AND COMPENSATION OF LABOR PROTECTION
Article 66. Evaluation of Labor Protection
Labor protection shall be evaluated according to how the
work conditions (the amount of harmful and hazardous factors)
correspond with the requirements of standard acts of labor
protection.
Article 67. Classification and Characteristics
of Work Conditions
Work conditions shall be classified as such:
1) optimal work conditions - a work environment which does
not have hazardous or harmful factors which have a negative
effect on the working-capacity, health, or general welfare of the
employees, or which pose a hazard to their lives;
2) normal work conditions - when the factors of a work
environment and the amount of their sum total correspond to the
requirements (hygienic norms) of standard acts of labor
protection, and do not normally cause health disorders
(occupational diseases);
3) hazardous work conditions (hazardous work) - the work
having a degree of risk, i.e. when the accidental influence of a
hazardous, harmful factor connected with the nature of the work
or the influence of a hazardous factor which has changed
abnormally is possible;
4) harmful work conditions - when one or more factors of the
work environment or the amount of the sumacijos thereof does not
always exceed the requirements (hygienic norms) of standard acts
of labor protection but is harmful to health and, in certain
cases, may cause occupational diseases and the means of
individual protection are used under such conditions;
5) very harmful work conditions - when one or more factors
of the work environment or the amount of the sumacijos thereof
continually exceed the requirements (hygienic norms) of standard
acts of labor protection and there is a danger of contracting an
occupational disease. The length of shifts (work) under such
conditions shall be limited in observance of Item 3 of Article 41
and Article 59 of this Law and, in some cases, may not exceed 7
hours and shall be established in standard acts of labor
protection. While working under such conditions, means of
individual protection shall be used; it shall be prohibited to
work if the harmful factors of the work environment exceed the
amount of very harmful work conditions;
6) extreme work conditions - when the amount of harmful or
hazardous factors of the work environment suddenly increases due
to technological or work (production) process disorders,
accidents, or unpredictable natural or other phenomena and, as a
result, sudden poisoning or physical injury is possible. The
activities of people under such conditions shall be regulated by
the Government of the Republic of Lithuania and shall be
confirmed by statutes of prevention and liquidation of industrial
accidents as well as by other standard acts.
The indicators of the harmfulness (weight) and hazard of a
work environment shall be established by standard acts of labor
protection and labor hygiene.
Article 68. Evaluation of Work Conditions
Employers shall be required to guarantee the evaluation of
work conditions in work places. A certificate concerning the
state of the work conditions shall be filled out for each work
place (identical work places); compensations for employees
working under harmful, very harmful, or dangerous work conditions
shall be established according to this certificate.
Work conditions shall be evaluated by the Government of the
Republic of Lithuania according to the established procedure.
Violation of the established procedure for the evaluation of
work conditions shall incur the employees with liability as
established in the laws of the Republic of Lithuania.
Article 69. Compensations and Guarantees for Employees Working
Under Harmful and Hazardous Work Conditions
Work under harmful and very harmful work conditions shall be
compensated for according to the procedure established in the Law
of the Republic of Lithuania on Work Compensation.
In observance of Articles 41 and 67 of this Law, the length
of the workday (shift) shall be shortened for employees who work
under very harmful work conditions, and work time under such
conditions through all of the work activities should not exceed
the length of work established in standard acts. If an employee
who has worked the established length of work under very harmful
conditions wished to requalify and obtain a new profession
(speciality), the employer shall pay for requalification
expenditures.
The procedure for establishing the amount of surcharges for
work under harmful, very harmful, and hazardous conditions shall
be confirmed by the Government of the Republic of Lithuania.
Employees who work under harmful conditions shall, taking
the amount of harmful factors into consideration, be given
medical adaptogenic preparations and food products which increase
a person's resistance to the influence of harmful factors, which
shall be paid for by the enterprise.
The Minister of Health Protection shall establish a list of
harmful factors, as well as the conditions in the presence of
which medical adaptive preparations and food products which
increase a person's resistance to the influence of harmful
factors may be given.
A surcharge of at least 30% of the minimal hourly salary
(monthly salary) established by the state shall be paid for work
under hazardous conditions (hazardous work). The list of
hazardous jobs (productions) shall be confirmed by the Government
of the Republic of Lithuania.
Employees who work under hazardous or very harmful
conditions may be given additional holidays, the length and
procedure for issue of which shall be established in collective
agreements, collective contracts, or employment contracts.
Article 70. Examination of Labor Protection
Examination of labor protection shall be carried out in the
planning of enterprises, departments, other production
subdivisions, and new technologies, as well as upon commencing
the exploitation of said objects and the production of new means
of labor (Article 21), in changing the procedure for providing
compensations which are guaranteed by the state, in resolving
arguments between employers and employees concerning
compensations or the truthfulness of data for the evaluation of
work conditions in a workplace, and upon the demand of the
parties of a collective contract.
The procedure for the examination of labor protection shall
be established by the Government of the Republic of Lithuania.
CHAPTER 8. ACCIDENTS, OCCUPATIONAL DISEASES
Article 71. Classification of Accidents, Occupational Diseases
This Law shall establish the classification of accidents
(paragraph 13 of Article 1) and occupational diseases (paragraph
12 of Article 1). Accidents shall be classified as follows:
1) according to their consequences - minor, serious, fatal;
2) according to the number of the employees who have
suffered from the accident - single, group; and
3) according to the relation with work - related with a job
(also, on the way to or back from a job), not related with a job.
In accordance with the symptoms and time of manifestation of
the disease, occupational diseases shall be classified as
follows:
1) sudden occupational illness (poisoning) - a sudden health
disorder caused by a short-term (one-time or during one working
day) factor(s) of the work environment;
2) chronic occupational illness (poisoning) - a health
disorder caused by a factor(s) of the work environment over a
certain period of work time.
Article 72. Investigation of Accidents, Occupational Diseases
A uniform procedure for the investigation of accidents and
occupational diseases shall be obligatory for all enterprises.
All accidents and occupational diseases must be researched,
and the results thereof must be written in statements of an
established form and registered in the journal of an established
form.
Minor accidents shall be investigated by a bilateral
commission made up by the employer of representatives authorized
by the employees and assigned by the employers.
Serious accidents and accidents due to which the victim
dies, shall be investigated by a tripartite commission made up of
the state labor inspector (the commission chairperson), a labor
union representative or a person authorized by the employees (in
the event that there are no labor unions in the enterprise or if
the victim was not a member of a labor union), and a
representative assigned by the employers.
The cause of occupational diseases shall be investigated by
labor medicine doctors, in conjunction with the state labor
inspector and representatives of the employer and the employees.
Sudden occupational diseases (poisoning) must be
investigated within 24 hours.
Sudden occupational diseases (poisoning) which have appeared
together with an accident must be investigated at the same time.
Organizations representing the interests of employers or
employees may participate in the investigation of accidents and
occupational diseases; if necessary, experts may be called.
Occupational diseases (poisoning) and accidents due to which
or more people have died shall be investigated by a commission
made up by the Government of the Republic of Lithuania.
The classification symptoms of serious accidents and the
lists of occupational diseases shall be approved by the
Government of the Republic of Lithuania.
The regulations for the investigation and registration of
accidents and occupational diseases shall be approved by the
Government of the Republic of Lithuania.
Expenses for the investigation and examination of accidents
and occupational diseases shall be paid for from the employer's
funds.
Article 73. Protection of Statements of the Investigation
of Accidents, Occupational Diseases
Statements concerning the investigation of accidents and
occupational diseases shall be delivered to: - the concerned
employee or a person representing the interests thereof; - the
employer; - the State Labor Inspectorate (in the event of serious
or fatal accidents); - the procurator (if there are indications
of punishable liability). The material and statements of
investigations of accidents and occupational diseases shall be
protected in the enterprise in which the accident occurred or the
occupational disease was registered (minor accidents -- 45 years,
fatal accidents and occupational diseases -- 75 years). If an
enterprise is liquidated, statements and material of
investigations shall be transferred to the enterprise which is
the successor to the rights.
Statements of investigations of accidents and occupational
diseases shall be kept in the State Labor Inspectorate for years,
upon the expiration of which they shall be transferred to the
State archives of Lithuania.
Article 74. Reports about Accidents, Occupational Diseases
Persons who suffer injury as a result of an accident or
sudden occupational disease, as well as persons who have seen
such an occurrence or the results thereof, must immediately
report this (provided that they can) to the labor protection
service of the enterprise, the direct head of labor (or person
authorized thereby), and the employer.
Accidents due to which a person dies, as well as serious
accidents, must be reported by the employer (or person authorized
thereby) within one hour of being informed thereof to the city
(regional) procurator and the State Labor Inspectorate; sudden
occupational diseases (poisoning) must be reported to the city
(regional) labor medical service as well.
CHAPTER 9. ECONOMIC MEANS AND LIABILITY
SUB-CHAPTER 1. ECONOMIC MEANS
Article 75. Employee Insurance
Employees shall be required to insure their employees
against accidents and occupational diseases according to the Law
of the Republic of Lithuania on Labor Accident Insurance.
Additional employee insurance against accidents and
occupational diseases may be provided for in collective contracts
and collective agreements.
Article 76. Dependence of Employee Insurance Against Accidents
and Occupational Diseases Upon the State of Labor Protection
Taking accidents, occupational diseases, and work conditions
into account, differentiated dues for insurance against accidents
and occupational diseases shall be established for enterprises.
The amount of dues for enterprises for employee insurance
against accidents and occupational diseases as well as the
procedure for payment thereof shall be established, according to
the state of labor protection, by the Government of the Republic
of Lithuania in observance of the Law of the Republic of
Lithuania on Labor Accident Insurance.
Article 77. Application of Economic Sanctions
Economic sanctions made be applied to an enterprise if the
violation of the requirements of labor protection has been
established or if the legitimate instructions of the State Labor
Inspectorate are not carried out.
Economic sanctions may also be applied to an enterprise in
the event that it is established that a labor accident has been
concealed.
Economic sanctions, as well as the procedure for the
application and exaction thereof and the appeal there against,
shall be established by the Government of the Republic of
Lithuania, in observance of this and other laws.
SUB-CHAPTER 2. LIABILITY
Article 78. Liability of Employers and Employees
If an accident occurs or could have occurred, an employee
contracts an occupational disease, or the work of an enterprise
is disturbed due to a violation of this Law or other standard
act, the employers or persons authorized thereby who, by their
actions or lack of action, have violated the requirements of the
standard acts of labor protection or have failed to create
conditions for the observance of such requirements, as well as
employees who knowingly work in conditions which violate the
requirements of labor protection, shall be held disciplinarily,
materially, administratively, and criminally liable as
established by the laws of the Republic of Lithuania.
Disciplinary, material, administrative, and criminal
liability as established by the laws of the Republic of Lithuania
shall be applied to employers or employees who prevent inspectors
of the State Labor Inspectorate from carrying out their duties.
Article 79. Health Compensation for Employees
Compensations for the inability to work, treatment, care,
prosthetics, and other expenses to be paid to persons who have,
due to a labor accident, occupational disease, or other work-
related injury, lost their ability to work, as well as
compensations to be paid to the family and other persons in the
case of death, shall be regulated by the Law of the Republic of
Lithuania on Labor Accident Insurance and other laws.
If a person who has undergone injury at work was not insured
against labor accidents, compensation for the inability to work,
as well as other expenses related to medical assistance and
treatment and the social and professional rehabilitation of said
employee shall be paid for by the employer. The sum of
compensation of damages and the payment of the above mentioned
expenses must not be less than the amount provided for in the Law
of the Republic of Lithuania on Labor Accident Insurance.
Article 80. Relief for Deaths caused by Labor Accidents
If a fatal labor accident takes place in an enterprise
because the employer (or person authorized thereby) violated the
regulations of labor protection, the enterprise shall pay the
heir of the person who was killed an extraordinary relief of at
least 500 minimum salaries as established by the Government of
the Republic of Lithuania, but no less than 100 minimum salaries
to each of the dependents of the person who was killed. A larger
extraordinary relief may be established in the collective
contract. Said relief shall be paid to persons who have the right
of inheritance according to the civil code of the Republic of
Lithuania.
If a fatal labor accident takes place due to a violation of
labor safety by the employee who was killed, the size of the
extraordinary relief (part 1 of this Article) may be decreased
according to the procedure established in the collective
contract, but no more than 50 percent.
The fact of labor safety violations in the cases indicated
in parts 1 and 2 of this Article shall be established during the
period of investigation of the labor accident and shall be
confirmed by corresponding documents. Disagreements concerning
the application of this Article shall be resolved by the State
Labor Inspectorate.
Article 81. Administrative Penalties for Violations
of Standard Acts of Labor Protection
For the violation of standard acts of labor protection, the
State Labor Inspectorate shall assign penalties established in
the laws of the Republic of Lithuania to the employers or
employees who have violated the standard acts.
The penalties established in this Article shall be paid into
the State budget.
CHAPTER 10. FINAL REGULATIONS
Article 82. Control of the Organization of Labor Protection
The execution and observation of this Law and other standard
acts of labor protection and labor hygiene shall be controlled by
the State Labor Inspectorate of the Republic of Lithuania.
The main task of the State Labor Inspectorate shall be to
carry out the policy of labor protection of the Republic of
Lithuania and the prevention of accidents, illness and
occupational diseases, and to control the observation of labor
laws in order to protect each person's life, health, and ability
to work.
The State Labor Inspectorate shall be the governing
institution of labor protection of the Government of the Republic
of Lithuania, which shall resolve the issues of labor protection
which are assigned to the competence of the Ministry of Social
Security. The State Labor Inspectorate shall be a juridical
person, shall have a stamp with the Lithuanian State emblem and
it's name, and shall have an independently managed budget.
The State Labor Inspectorate shall be headed by the general
director, who shall be appointed and dismissed by the Government
of the Republic of Lithuania on the proposal of the Minister of
Social Security. The general director of the labor inspectorate
shall be responsible to the Government of the Republic of
Lithuania and shall be directly subordinate to the Minister of
Social Security.
The functions, powers, rights, and liability of the State
Labor Inspectorate shall be determined by the Law of the Republic
of Lithuania on the State Labor Inspectorate. Furthermore, the
Minister of Social Security may transfer a part of the powers
granted to him or her on issues of labor protection to the
general director of the State Labor Inspectorate.
Article 83. Procedure for the Investigation of Disagreements
Disagreements concerning the application and violation of
standard acts of labor protection shall be investigated:
- according to the procedure established for labor
disagreements if the disagreement is between employees and
employers;
- in court or in arbitration, according to the procedure
established by laws, if the disagreement is between enterprises.
Collective labor disagreements (conflicts) concerning labor
protection shall be resolved according to the procedure
established by the Law of the Republic of Lithuania on the
Regulation of Collective Disagreements.
Article 84. Registration and Reporting of Labor Protection
Accidents, occupational diseases, and work places in which
dangerous factors of the work environment do not conform with
hygienic norms or in which potentially dangerous technical
equipment is used (Article 18) labor means which do not conform
with the requirements of standard acts of labor protection, and
dangerous jobs shall be registered in enterprises.
The procedure and indicators of statistical reporting of
labor protection shall be established by the Government of the
Republic of Lithuania.
Article 85. International Cooperation
International cooperation on issues of labor protection
shall be based on the Constitution of the International Labor
Organization, the August 10, 1944 Declaration of the General
Conference of the International Labor Organization, the
conventions of the International Labor Organization, and other
international documents.
Article 86. Validity of International Documents in the Republic
of Lithuania
According to the Constitution of the International Labor
Organization, the ratified conventions of the International Labor
Organization and the documents of other international
organizations on issues of labor protection are valid in the
Republic of Lithuania.
The recommendations of the International Labor Organization
shall be taken into consideration in the preparation of the
standard acts of labor protection of the Republic of Lithuania.
Article 87. Validity of International Treaties
Only those international treaties in which the established
requirements of labor protection do not reduce the employees'
guarantees of labor protection as established in this Law and
other standard acts of labor protection of the Republic of
Lithuania shall be valid in the Republic of Lithuania.
Article 88. Enforcement of the Law
Articles 7 and 8, parts 2, 3, and 4 of Article 10, Article
11, parts 6, 7, and 8 of Article 14, part 8 of Article 15, part 2
of Article 16, part 4 of Article 17, part 2 of Article 18, part 3
of Article 20, part 2 of Article 23, parts 4 and 6 of Article 24,
item 1 of Article 28, Article 29, parts 3 and 4 of Article 30,
part 6 of Article 31, part 4 of Article 39, item 3 of part 1 and
part 2 of Article 41, Articles 44 and 46, part 4 of Article 52,
Article 57, part 3 of Article 58, parts 2 and 3 of Article 59,
Article 64 and 67, part 2 of Article 68, parts 2, 3, 5, and 6 of
Article 69, part 2 of Article 70, parts 10 and 11 of Article 72,
Articles 75, 76, 77, 79 and 80, part 5 of Article 82, and Article
84 of the Law on Labor Protection shall come into force according
to the procedure established in the Resolution of the Seimas of
the Republic of Lithuania "On the Execution of the Articles
Indicated in Article 88 of the Law on Labor Protection of the
Republic of Lithuania", and until approval of the above-mentioned
standard acts in the indicated articles shall observe the valid
standard acts of labor protection.
I promulgate this Law enacted by the Seimas of the Republic
of Lithuania.
ALGIRDAS BRAZAUSKAS
President
of the Republic
Vilnius
7 October 1993
No.I-266
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