General description of Lithuanian law

Lithuania is a democratic, secular legal state. In 2004, Lithuania joined the European Union (EU), therefore, together with the other 26 member states of the EU, it ensures the freedom of movement of persons, goods, services, and capital within its own and the Union's territory.  Lithuania has joined the most important international organizations, including global (the United Nations) and regional (the Council of Europe).

Constitution

The Constitution is the most important law with the highest legal power.  No other law or legal act can contradict the Constitution. Every person, including foreigners, can defend their rights in court, directly relying on the Constitution. Even when there is a lack of any law, or some issue is not legally defined or unclear, courts must correctly resolve such cases based on the Constitution and its principles. Therefore, it is important for everyone to familiarize themselves with this document: LR Constitution.

What are the laws

The most important issues of society and the state are resolved by laws, which are passed by the Parliament – the Seimas.  Laws are obligatory for everyone – for the ordinary persons, officials, and institutions. Failure to comply entails legal responsibility. They are obligatory even for those who do not know them, therefore it is essential to understand them well, at least in one's field of activity.

Challenging laws by petitioning the Constitutional Court

There might be cases when a law or a legal cat  might not be just and violate human rights.  Every person, including foreigners, can, under established conditions, appeal to the Constitutional Court with an individual complaint and demonstrate that the law potentially does not conform to the Constitution (see Constitutional Court Act 65 str.)

Rules which by power are below laws

Laws establish the basic rules for regulating the lives of people, businesses, institutions, and the state. Other institutions – the executive branch, local government bodies, etc. – can also adopt legal acts that specify how to properly implement the laws in very specific situations.  In this way, the Government adopts resolutions, the President – decrees, ministers – orders, municipalities – decisions, regulations, etc. No decision or act adopted by any institution can contradict the Constitution or laws.  It is important to remember that no legal act can establish duties or special requirements for a person if they are not stipulated by the law. Therefore, any rule that is stricter than the law, or establishes too many requirements (compared to the law), may be challenged in court as unlawful.

Where to find a valid Lithuanian legal text

Whoever does not know what is written in the law does not know their rights and duties. An uninformed person is easily deceived and misled. However, when deciding to look into the legal documents, it is important to find the exact current text which is true and reliable.  On the internet, one can find many false, outdated, no longer valid, or even forged items. Relying on an invalid rule can lead to significant harm. Lithuanian law is highly digitized, so most important matters can be handled through official state systems.

Legal acts register and how to use it

All laws and other legal acts can be found in the official electronic register of legal acts - https://e-tar.lt/ .  Only documents in this system are official and confirmed, and only these should be used.  When finding the required law or other legal act, it is important to ensure that it is its latest, valid edition – usually this is sufficient by clicking on the blue link next to the legal act's title "valid edition".

Court decisions and schedules search

All Lithuanian court decisions are published in the official system LITEKO. If you have a case number, simply enter it in the search box. If necessary, you can also use a detailed search by keywords, or by the article numbers of the relevant law. Reading court decisions is very important – perhaps you will find a situation similar to your current one. This way you will know how to act and what the likely outcome of your problem could be if you were to apply to court. However, in all cases, it is still recommended to consult with legal professionals.

If you need to attend a court hearing, check related information in the LITEKO system section Public schedule search. You can find out when and where the court hearing that interests you will take place.  However, in case of any doubts, it is recommended to always call the relevant court. Service is generally conducted in the official Lithuanian language, therefore it is recommended to request that a Lithuanian-speaking person, ideally a lawyer, calls.

Important electronic information and service systems

Registry Center systems

Many various everyday services and information needs can be met in the digital space.  This includes registering a resident's address, and registering property, also legal entities, including companies, issuing various certificates, and so on.  Both Lithuanian citizens and foreigners, for whom documents confirming personal identity have been issued in accordance with the laws, have internet banking access or an electronic signature, or a mobile signature. One may use Registry Centre self-service independently without leaving home.

MIGRIS system for migration issues

For foreigners and citizens, most migration-related issues, including document submission, ordering, and visit scheduling, can be resolved in the online system MIGRIS. This system is for questions related to residence permits, visas, asylum applications, etc.

Other electronic service systems

In Lithuania, most official services have been moved to the electronic space, so unnecessary visits to institutions can be avoided. Many things can be arranged even without being in Lithuania. For example, civil and administrative cases are heard using the court Electronic services portal (with court permission, even participation in hearings is possible remotely via the ZOOM program).  Registration for medical visits,  managing your healthcare services, and finding all medical information can be done through the electronic portal esveikata.lt . Many various everyday services provided by municipalities are also accessible through electronic systems (e.g., Vilnius Electronic Services Portal ). You can solve many other questions through the official electronic Gates of Power system.

Electronic signature and the application of modern technologies in exercising one's rights

In Lithuania, most of your issues can be resolved remotely, without leaving your home, even if you are not in Lithuania. Documents can be sent to any other person, company, or institution simply by email. However, for such documents to be officially valid and considered signed, they must be verified with a qualified electronic signature.  According to EU law, such electronic signatures are equivalent to originals signed by hand on paper.  There are various electronic signature systems – you can obtain an electronic signature through banks, mobile providers (mobile signature), or by obtaining personal documents in Lithuania (these typically include an electronic signature function).  For further information on electronic signatures see, for example, the State Tax Inspectorate on the website .

Key Lithuanian institutions

Legislation and enforcement

In Lithuania, laws are passed by the Parliament which is called Seimas. The President forms foreign policy, the Government implements laws and shapes the national policy.

Courts and law enforcement

Courts are independent institutions  to which one can appeal if you believe other individuals or institutions have violated your rights.  The Prosecutor General office, the police and other law enforcement agencies also operate independently.

Institutions assisting in resolving the problem prior to court

Appealing to court, especially for the first time, may cause fear and stress as you do not know the legal outcome, there is a risk of expenses, particularly if the case is lost. Therefore, it is very important to know that before appealing to court, one may utilize free of charge consultations, given by monitoring institutions.

Consumer disputes

Consumers may contact the State Consumer Rights Protection Agency  for information or complaints regarding non-food products and tourism services.

Abuse of power and bureaucracy

If you have complaints about how officials or institutions are treating you -  you may contact the ombudsman's office, which in Lithuania is called Seimas Controller's Office. The Office is to protect a person’s right to good public administration, securing human rights and freedoms.

Equal opportunities and discrimination

If you have experienced a potential case of discrimination or are willing to consult on matters related to equal opportunities, you may contact or file a complaint to Equality of Opportunity Controller's Office .

Application of international law in Lithuania

Although the Constitution holds the highest power in Lithuania, the state must also adhere to international law. 1969 Vienna Convention on the Law of Treaties is especially important to foreigners. If you suspect that your rights were violated, you might have experienced discrimination, one can always refer to international law (when it can be directly applied).

Briefly about international law

Lithuania participates in various global agreements (e.g., the United Nations) and regional ones (e.g., encompassing only European countries). There are various other multilateral or bilateral agreements which apply only between two or several states that signed them. Importantly, not all international agreements have a direct effect – some of them need to be first implemented by adopting national laws that put those agreements into effect. In some cases, where Lithuania may not be complying with international law, it is possible to file a complaint to international courts (one of the most well-known is European Court of Human Rights (located in Strasbourg).

Important sources of international law

International law is extensive – encompassing trade, commercial, international crime, political and economic cooperation issues, and so on.  It is likely that for foreigners intending to work and live in Lithuania, the most relevant part of international law will be concerning human rights, migration, and employment.  Sometimes a person may find national law insufficient, or unjust – in such cases, answers can be found in international law.

International human rights law

The division of human rights into so-called "first generation" (civil, political), "second generation" (social, economic, cultural rights), and "third generation" (collective rights, such as the right to a healthy environment, protection from climate change, international security, etc.) is increasingly criticised because all human rights should be respected and ensured equally, without classifying them as more or less important. However, international law currently provides mandatory mechanisms for ensuring primarily civil and political rights, while for other rights it is limited to recommendations and appeals, as there are no compulsory enforcement mechanisms.

Civil and political rights

Precisely because of these rights, one can individually file a complaint against the state. In Europe, and thus also in Lithuania, such mechanism is established according to European Convention on Human Rights and Fundamental Freedoms , and upon violation, complaints are reviewed and mandatory decisions are made at the Strasbourg court.

Social and economic rights

The implementation of these rights is usually linked to state financial resources, therefore there are no obligatory mechanisms, Although the United Nations International Covenant on Economic, Social and Cultural Rights establishes many important rights (e.g., Article 6 of the Covenant enshrines the right to work, Article 11 – the right to adequate living conditions, including food, clothing, housing, and continuous improvement of living conditions), there is no mechanism to ensure these rights are guaranteed.  The Committee on Economic, Social and Cultural Rights may analyze the overall situation, and issue tailored recommendations if the state is a member of Supplementary Protocol. This is the case with other conventions, e.g. the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Convention on the Rights of Persons with Disabilities, among others. However,  provisions of such conventions can be used as an argument in national courts, but international courts do not have compulsory jurisdiction in respect to them.

International labor law

The situation in this area is analogous – provisions of international legal sources can be used to argue one's position in Lithuanian courts, but international institutions that could enforce their observance have not yet been created.  Adherence to them is a matter of state reputation.

United Nations documents

Specifically in the employment area, please be aware of 1990 Convention on the Protection of Migrant Workers and Members of Their Families. It is important because it can be applied to foreigners who, in certain cases, may not be able to use the legal mechanisms guaranteed to European Union citizens.

International Labour Organization and its conventions

One of the most important ones is 1958 Convention on the Elimination of Discrimination in Employment and Occupation. The International Labour Organization has adopted a large number of various smaller conventions in the field of labor, a full list can be found at TDO website. Each time it is important to check if Lithuania has joined a particular convention, i.e. to verify the list of states that have ratified it (website section Ratification of ILO conventions ).

Council of Europe treaties

The Council of Europe is a regional organization which currently consists of 46 states.  What is a key element to know for any foreigner is the Strasbourg Court.  As already mentioned, the European Convention on Human Rights (which is distinguished by its mechanism for individual complaints and the enforcement of court decisions) can also be relied upon, and other treaties, which list is available on the Council of Europe website (Lithuania is not a member of all of them).

The Importance of European Union law

European Union (EU) is an exceptional, unique regional organization currently uniting 27 members, including Lithuania.  Its law has supremacy over the national law of Lithuania, therefore Lithuanian courts are obliged not to apply the provisions of Lithuanian laws if they contradict EU law.

Key features and sources of EU law

EU law is divided into primary and secondary. Primary law consists of establishment agreements (Treaty on European Union, Treaty on the Functioning of the EU, Treaty establishing the European Atomic Energy Community).  It is important to emphasize that the Charter of Fundamental Rights of the European Union is part of the primary law. Primary law is supreme; neither secondary law nor national law can contradict it. In turn, secondary EU law consists of various binding acts adopted by EU institutions, also called European laws – regulations, directives, decisions (please have a look at Article 288 at SESV)

Key EU institutions

European legislation is initiated by European Commission, which submits legislative proposals (projects), moreover, ensures the proper implementation of already adopted laws.  The proposals submitted by the Commission are considered and adopted by the European Parliament together with the Council of Europe. Court of Justice of the European Union checks whether EU legal acts are lawful, resolves disputes between Member States and EU institutions, and also interprets EU law when requested by national courts.  A person or company cannot directly apply to the EU Court (except in cases where decisions of EU institutions directly affecting the individual are contested).

What EU law means for Lithuania and workers

EU law ensures freedom of establishment, freedom of movement, and freedom of work throughout the Union. However, this freedom is only guaranteed to EU citizens and their family members. Consequently, a citizen of one EU Member State can freely come and work in another EU Member State. However, foreigners may travel and work under different procedures, which each state establishes individually.

Most important EU legal provisions concerning workers

Freedom of movement and work for EU citizens

SESV Article 20 states that movement and other freedoms are only for EU citizens. Article 45 of the Treaty establishes the principle of freedom of movement for workers, meaning that EU citizens can freely take employment in another EU country, and travel, live, and move there for that purpose.  The provisions are more detailed in Directive 2004/38/EC , Regulation (EU) No 492/2011 , Directive 2014/54/EU .

Foreigners’ work trips

When a citizen of a third country legally enters and takes employment in one EU country, the employer can deploy them to another EU country without restriction, and such employees cannot be required to obtain new work permits in the deployment country.  This is confirmed by the ECJ ( Case Vander Elst, No. C-43/93 ), Directive (EU) 2018/957. Regulations (EC) No. 883/2004 , (ES) No. 1231/2010 and (EB) No. 987/2009 requires that such employees seconded from third countries be subject to no less favourable social security systems than those applicable to EU citizens moving within the Union.

Non-application of EU benefits to foreigners

Although employees sent on assignments to another EU country no longer require a new work permit, each member state decides individually regarding a residence permit. Therefore, the general principle is that EU citizens and their family members can only utilize the advantages guaranteed by EU law, while persons from third countries generally must abide by the internal regulations of each host state.  Details on the requirements for living and working in Lithuania are provided in the following sections.

High-skilled workers and the Blue Card

Finally the Directive (EU) 2021/1883 - it is important for third-country citizens seeking high-skilled employment and the subsequent EU Blue Card, granting the right to reside and work in the member state's territory.

Foreign worker recruitment in Lithuania

In order for a foreigner to be able to legally work in Lithuania, they need a legal entry and work permission.  The employment of such a person must meet the conditions set out below.

Who is considered a foreigner

Since Lithuania is an EU member, citizens of other EU countries are not considered foreigners. All EU citizens enjoy the advantages of a unified EU due to the absence of internal EU borders. As can be seen in Regulation (EU) 2016/399, Union citizens and their family members (even if they are citizens of third countries) may freely move within the Union. Although Lithuania’s legal Act on the Legal Status of Foreigners sees any person who is not Lithuanian a foreigner, EU law should be taken into account.  With respect to Lithuania, a foreigner is any person who does not hold EU citizenship.

Foreigner employment requirements

Requirements for foreign workers are set in the Act on the Legal Status of Foreigners in articles 57-63. If a foreigner has a profession included in the list of professions ‘high in demand’ in Lithuania, then he/she does not need to additionally obtain a residence permit or a decision on the foreigner's work compliance with the labour market needs. In this case, a national visa (up to 1 year) or a temporary residence permit (up to 2 years) may be issued to the foreigner.

More detailed information is available from the Migration Department FAQ section , especially recommended to familiarize yourself with the Migration Department's comprehensive guidebook.

Work permit and its issue procedure

An employer wishing to hire a third-country citizen must contact the Employment Service and apply for a work permit before the foreigner arrives in Lithuania, if the foreigner:

• Arrives for seasonal jobs or

• Is temporarily posted to work in Lithuania

In such a case, the foreigner must meet the established conditions for obtaining a national visa (D) .

Employer must submit these documents to the Employment Service:

• A request in the prescribed form;

• A copy of the foreigner’s valid travel document (passport or equivalent document);

• A certified copy of the service agreement (with the host company);

• A certified copy of the foreigner’s employment contract with the sending company;

• A document issued by the competent authority of the foreign country confirming that the foreigner has been employed by the sending company and covered by social insurance in that country for at least the last 3 months;

• A document confirming payment of the state fee.

More information can be found on the Employment Service website.

Issue procedure for the decision on meeting the labour market needs

If one wishes to employ a foreigner under an employment contract or a temporary employment contract, then such a foreigner must meet the conditions for obtaining a permission to live temporarily .

An employer or a temporary employment agency that need a foreign worker in the Lithuanian labour market and intend to hire the foreigner under an employment contract, must register the vacant position at the Employment Agency.

Such an appeal is made if:

• There is no registered job-seeking citizen of the Republic of Lithuania or an EU citizen, a long-term resident foreigner, or another priority category candidate;

• The job position has remained unfilled for at least 5 working days from the date of its registration;

• The foreigner’s salary meets the conditions specified in Article 62, Part 5 of the Labour Code.

Further information and a list of required documents that depend on a specific situation, are provided on the Employment Agency website.

Cases where a work permit or labour market assessment is not required

Employers who seek to employ foreigners to perform work requiring high professional qualifications no longer need to apply to the Employment Service for a decision on the foreigner's work compliance with the labour market needs. Such individuals may seek a Blue Card. More information about it can be found on the Immigration Department website.

Other cases where a work permit is not required are listed in the Law on the Legal Status of Foreigners​ (​UTPĮ) Article 58:

• A temporary residence permit has been issued to a person restoring Lithuanian citizenship, or to a person of Lithuanian descent, or in the case of family reunification, or when intending to study, or in the case of guardianship determination, or to a person granted protection;

• A permanent residence permit has been issued;

• The person arrives in the Republic of Lithuania under youth exchange programs provided for in international agreements;

• The person is studying in the Republic of Lithuania under a study program;

• Various other cases.

More information can be found on the Employment Service website.

Generally, a labor market need assessment is not required when a person's profession is listed as “high in demand” (more details on this on the Immigration Department website).

Notice regarding foreigners working in Lithuania

An employer must submit a notification concerning foreign nationals working in Lithuania, when such a person is employed directly by the employer or when such a person is sent (seconded) to work in Lithuania. Information regarding the procedure for submitting the notification, as well as cases in which it is not required, and more detailed information are available on the SoDra website.

Person's migration status in Lithuania and the EU

Methods of arrival in Lithuania and the possibility of living and travelling depend most on the duration of the foreigner's planned stay.  In short, for a stay shorter than 90 days within a 180-day period, it can be done under a visa-free regime or with a Schengen visa. But for a stay longer than 90 days, a national visa or a residence permit is required.  There is also a possibility of applying for international protection in Lithuania.

Visa-free regime

Regulation (ES) 2018/1806 establishes a list of countries for which visas are required upon arrival and from which visas are not required upon arrival. A person may enter without a visa for a period of no more than 90 days within a 180-day period. One can verify the requirements for arrival from a specific country by entering the country name in the Republic of Lithuania Ministry of Foreign Affairs system.

Schengen visa

The Schengen Area comprises 29 states and a single visa allows travel within them.  Schengen visas come in two types:

• Airport transit visa – a visa valid for transit through the international transit areas of one or more Schengen Member States' airports;

• Short-stay visa – a visa intended for transit through the territory of Schengen Member States or for a planned stay in the territory of Member States not exceeding 90 days within any 180-day period.

More information about issuing these visas can be found on the Ministry of Foreign Affairs website.

National visa

Individuals wishing to enter Lithuania for a period exceeding 90 days may apply for a national visa. It is issued for various reasons – visiting family members, wishing to work, pursueing studies, or engaging in lawful activity in Lithuania, etc.  Detailed information about national visas is provided on the Immigration Department website .

Residency permits in Lithuania

Residence permits are of two types: temporary residence and permanent residence.  A permanent residence permit is typically issued after residing in Lithuania for at least 5 years. Temporary residence permits are issued for various reasons – for study, family needs, work, legal activities, etc.  Conditions and procedures for issuance are detailed on the Immigration Department website.

If a foreigner comes to Lithuania for work, it is necessary to keep in mind that before the foreigner applies for a national visa or a permit to reside temporarily, the employer will have to join MIGRIS, complete and electronically submit the mediation letter for a national visa or permit to reside temporarily.

International protection

In Lithuania, international protection is granted when a person receives refugee status or when subsidiary protection is applied to the person.  A refugee is a foreigner who, due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group (e.g., sexual orientation, gender identity) or political opinion, is unable or afraid to return to their previous state.

Subsidiary protection in Lithuania is provided to a foreigner who does not meet the definition of a refugee, but cannot return to another state due to a well-founded fear that they will be subjected to torture, cruel, inhuman or degrading treatment or punishment, or is in danger of being executed or otherwise put to death, or that there is a serious and personal threat to their life, health, safety or freedom due to violence during an international or internal armed conflict.

A foreigner granted refugee status receives a permanent residence permit. A foreigner granted subsidiary protection receives a temporary residence permit (it can be changed after 2 years, provided the grounds for granting subsidiary protection remain). More information can be found on the Immigration Department website.

Most important Lithuanian legal labour acts

As in the entire Lithuanian legal system, the most important document in the labour field is the Constitution, which other laws must not contradict. Laws establish the most important requirements in the labour area, the rights and obligations of employers and employees, while all other legal acts only implement the laws and cannot contradict them.

Most important Labour laws

Labour Code (Lith. Darbo kodeksas) conveniently compiles the most important labour laws into one document. The word "kodeksas" means a systematised large collection of rules in a specific field.  The Labour Code specifically details the most important principles of labour law, how employment contracts are drawn up, how they are terminated, how work must be carried out, how employer and employee disputes are resolved, and many other crucial issues. A good understanding of the Labour Code is very important for any employer and employee.

Some more specific issues may be outlined in specific laws. For example, if a person's work is of a scientific nature (researcher, lecturer, etc.), the Act on Science and Studies may establish exceptions to the Labour Code. Or, for example, Workers' Safety and Health Act is also intended for these special questions.

A person may wish to work not necessarily under an employment contract, but also in other roles, e.g., public service. However, according to State Service Act Article 9, section 1, a state employee must have Lithuanian citizenship, therefore this opportunity is unavailable to foreigners.

Government resolutions and other acts implementing legislation

Any other legal acts not adopted by the parliament as laws cannot contradict the laws. If there is a mismatch, the law's provisions must be followed. There are numerous such acts implementing the laws, e.g., government resolutions approving List of Occupational Diseases and Register Regulations , or Description of working conditions for pregnant, recently delivered, and breastfeeding employees , or Employee Protection from Noise Risks Regulations approved by the Minister of Social Security and Labour and the Minister of Health. The Social Security and Labour Ministry's published list of the accepted labor laws which will allow you to understand what is suitable for your case.

Lithuanian institutions related to labour

The number of institutions can seem intimidating to a local, and it can be even harder to a foreigner just starting to understand the system. It's important to understand that you don't need to become an expert or a specialist, but understanding the fundamental principles will help you efficiently solve any problem. It's enough to know that you can consult (both by phone and in writing) with any institution, and even if you initially contact the wrong address, the specialist will redirect you to the right place during the consultation.

Ministry of Social Security and Labour

Ministry of Social Security and Labour is the main institution (under the Government) in the field of labour and social issues and forms policy in this area. All other institutions in this field are subordinate or accountable to it. The head of this ministry – the minister – sometimes adopts important legal acts, for example, together with the Minister of Health, approves various requirements for employee safety and health.  This institution can be contacted not only with questions, but also with suggestions for improving policy or legislation, if a serious gap or flawed practice is found to exist.

SoDra

State Social Insurance Fund Board, under the Ministry of Social Security and Labour (shortened – SoDra) is the main institution that organises social protection for all citizens, and administers the finances in this area. This institution also has an electronic system where an employee can check their employment status, period of insurance, employment history. This institution pays pensions to those who have retired and a person who needs medical assistance can receive it free of charge in the state healthcare institutions only if their SoDra insurance is valid. This is one of the main institutions to consult with regarding all social insurance matters.

Labour Inspectorate

National Labour Inspectorate carries out oversight of employers' adherence to labour law requirements, whether or not employee rights are violated, and performs control of illegal work.  This institution can be consulted if an employee believes that their rights are being violated by the employer. Additionally, complaints about violations can be submitted, as the institution has the authority to impose sanctions. It is also important for employers to consult with this institution regularly to prevent violations of labour law requirements.

Employment Service

Employment Service is important not only for those seeking employment, but also for foreigners who have already found a job but need a work permit in Lithuania (or a decision that they meet the needs of the Lithuanian labour market). This institution grants such decisions and permits, thus it is important for both employees and employers to consult with it regarding the hiring of foreigners.

Labour Disputes Commission

Labour Disputes Commission is the institution that resolves most individual disputes between employees and employers, including dismissals. It is usually mandatory to resolve the dispute in this institution before going to court.

Courts

If the dispute between the employee and employer cannot be resolved amicably, or if the decision of the labor disputes commission is unsatisfactory, then one can apply to court. However, court proceedings can be long, complex, and expensive, therefore in all cases it is worthwhile to find a lawyer.

Office of the Equal Opportunities Ombudsperson

In labour law, the principle of non-discrimination is particularly important, but there are cases where a person is not hired or dismissed due to various discriminatory grounds, or an employee is given unfavorable working conditions, harassed, or their privileges are given to others because of discriminatory grounds. In such a case, one may consult or even file a complaint to the Office of the Equal Opportunities Ombudsperson, who will advise or even initiate an investigation, assessing potential violations.

Other institutions that may be important to the employee and employer

It is impossible to describe all life situations, therefore it is important to actively research your rights and contact as many institutions as possible.  For example, if personal information about an employee's private life is being collected illegally at the workplace, it may be necessary to contact State Data Protection Inspectorate. Don't worry about contacting a wrong institution - even if it happens, they will advise you where to go next. Public Administration Act Article 3, section 13, establishes the "one-stop shop" principle, meaning that an institution must refer a person to another appropriate institution if the initial application was not made to the competent authority (Article 11, section 4).

Start of employment

It is easier for a local permanent resident or citizen to get a job, as no additional permits are required. Foreigners, as mentioned earlier, must first obtain a work permit, or a decision confirming that they meet the labour market needs (except in cases where such permits are not required). In addition to a work permit, foreigners must also ensure legal residency in Lithuania.

Formalities before employment

As mentioned, before employing a foreigner, the employer must submit a SoDra notification regarding foreigners working in Lithuania (LDU). Also, regardless of whether the worker is a foreigner or a local person, a SoDra notification of the start of the person's social insurance must be submitted before the start of work (1-SD).

Employment contracts and their types

Employment relations start with the creation of an employment contract. It must, in all cases, be in writing.  Employment contract outlines essential employment conditions (job function, payment terms, workplace) and supplementary conditions as necessary.

Labour Code Article 41 requires adherence to gender equality, non-discrimination on other grounds, fairness, the provision of necessary information and the safeguarding of confidential information, even before entering into an employment contract.  It is forbidden to demand information from an employee that is not related to their health status, qualifications, or other circumstances directly relevant to performing their job duties.

Types of employment contracts are listed in Article 66 of the Labour Code: 1) indefinite employment contract;  2) fixed-term employment contract;  3) temporary employment contract;  4) apprenticeship work contract;  5) project work agreement;  6) employment sharing agreement;  7) contract for work for multiple employers;  8) seasonal work contract. Subsequent code articles describe the characteristics of each employment contract.

Generally, the employee's interests are best served by indefinite employment contracts, as this provides stability and certainty regarding their future and financial situation.  On the other hand, to ensure flexibility in the labor market and business, temporary and other contracts may be concluded, which typically better suit the employer's interests, as they allow for fulfilling temporary labour needs.

What is considered illegal work and the responsibility for it

Employment Act Section 56 states that illegal work includes cases where work is performed for remuneration, but without a written employment contract and without notifying the SoDra institution.  Also illegal work includes cases where third-country nationals work without the right to be in or work in Lithuania.

It is evident that workers employed illegally, particularly foreigners, become especially vulnerable. They may be deceived, exploited without pay and without social protection, and face various sanctions and negative consequences. Therefore, workers should never agree to work without an employment contract and without the confirmation that the relevant authorities are aware of their employment. Employers face fines for illegal work.

In all cases, foreign nationals should coordinate their employment questions (and job change questions) with the Migration Department, as otherwise violations of the UTPĮ may result in the cancellation of their residence permit, and the individual may be deported.

Work performance

After an employment contract is formed, work performance begins (work is carried out). Although it is obligatory to obey the employer, however, modern work is not slavery, therefore appropriate, dignified working conditions must be ensured, and requirements (the most important ones are reviewed below) are followed.

Compensation

Article 48 of the Constitution establishes the right to fair compensation for work. Importantly, according to Article 139 of the Labour Code, compensation consists not only of the base salary, but also additional components such as allowances, bonuses, premiums, and others.  This issue is further defined by Directive (EU) 2023/970 concerning pay transparency and equal pay for men and women for work of equal value.  Directive preamble point 21 emphasizes that when establishing wages, salaries or any other remuneration in cash or in other kind, which employees directly or indirectly receive from the employer for their work, the principle of equal pay should be guaranteed. The term "pay" should encompass not only salary, but also additional or variable components of pay.

So it is very important to determine the full scope of benefits received by employees, as this allows comparison to see if there is any discrimination based on gender or other grounds.

Minimum wage

In Lithuania, wages cannot be paid below the minimum wage. Starting from 2025, as announced by the Ministry of Social Security and Labour, it will amount to 1,038 euros.

Other essential social and economic indicators

Other key social indicators can be found on the SoDra website. SoDra calculator also helps easily assess current social and economic factors determining a specific person's current or projected situation.

Requirements for working time, rest time, and holidays

Article 49 of the Constitution establishes that every working person has the right to rest and leisure, as well as annual paid leave. These provisions are detailed in Chapter VIII of the Labour Code (from Article 111).

As the National Labour Inspectorate announces, the employee's standard working hours are 40 hours per week. The average working time, including overtime, but excluding work under an agreement for additional work, cannot exceed 48 hours during any seven-day period.  Working hours, including overtime and work under an agreement for additional work, cannot exceed 12 hours per workday (shift), excluding a lunch break, and sixty hours during any seven-day period.

If employees work under cumulative working hours, they perform work at the times specified in the work (shift) schedules and adhering to the established maximum working time requirements.  Work (shift) schedules must be created so as not to violate the maximum 52-hour limit per every seven-day period.

Article 125 of the Labour Code establishes that holidays may be:  1) annual;  2) special;  3) extended, additional.  During annual leave, the employee retains their average wage (annual leave pay).  Minimum annual leave is not less than 20 working days (if working 5 days per week) or not less than 24 working days (if working 6 days per week) annual leave.  If you have any doubts about the annual leave procedures, you can consult the National Labour Inspectorate.

A person can work in multiple workplaces, it is important that the minimum and maximum requirements for work and rest time are met in total.

Changing jobs and the significance of the Migration Department

If a foreigner intends to terminate employment for certain reasons, it is necessary to bear in mind that this may also eliminate the basis for the person to reside in Lithuania. And if one wishes to change jobs, it is also necessary to submit an application to the Migration Department beforehand – for more details on the conditions and procedure see here. It is only possible to begin working for a new employer or to change a job function with the same employer after the Migration Department has made a decision to allow a change of employer or job function. Failure to inform the Migration Department in advance about a lost or changed job poses a risk of losing the residence permit (or other issued migration document) and being deported from the country if the person was allowed to enter specifically on the basis of employment.

Ensuring equal opportunities for women and men

Article 29 of the Constitution prohibits discrimination not only on the basis of gender, but also on other grounds. Charter of Fundamental Rights of the EU Article 23 establishes that equality between women and men must be ensured in all areas, including employment, performing work, and remuneration. Similarly, Article 26 of the Lithuanian Labour Code enshrines the principle of gender equality.  Furthermore, additional protective mechanisms are in place for women, such as restrictions on dismissing pregnant women or women raising children (Labour Code 61), targeted maternity and paternity leave (Labour Code 132), and others.  In case of a violation of equal opportunities, harassment, or gender discrimination, one can turn to both labour dispute institutions and the Office of the Equal Opportunities Ombudsperson.

Work-life balance

Article 28 of the Labour Code states that the employer is required to take measures to assist the employee in fulfilling their family obligations. Various measures and requirements for balancing family and work for both employee and employer are discussed on the Ministry of Social Security and Labour website.

LGBT+ persons’ protection

There is often uncertainty whether various Lithuanian, European Union, and other international documents offer protection against discrimination based on sexual orientation, gender identity, or other characteristic of LGBT+ individuals. However, the Lithuanian Constitution, Article 29, demonstrates that all individuals are equal before the law, courts, and other state institutions or officials.  It can be considered that a general principle of non-discrimination applies, and therefore it is worthwhile to fight for the rights of LGBT+ individuals even when a specific law may not explicitly mention them.

Article 2 of the Labour Code establishes that discrimination is prohibited not only based on sexual orientation, but also on other circumstances unrelated to an employee's professional characteristics. Similarly, Article 26 of the Labour Code notes that employers must implement principles of gender equality and non-discrimination on other grounds.  Non-discrimination must be ensured during hiring, employment, and dismissal. In cases of violation or doubt, it is recommended to contact the Equal Opportunities Officer's office, the National Labour Inspectorate, or the Labour Disputes Commission.

Protection of persons with disabilities and individual needs

Article 26 of the Labour Code prohibits discrimination, inter alia, based on disability.  Furthermore, the employer must take appropriate measures to create conditions for persons with disabilities to obtain employment, work, pursue a career, or study, including creating appropriate working conditions, unless such measures disproportionately burden the employer's obligations.

Furthermore, Directive 2000/78/EC on equal treatment in employment and occupation establishes (Article 5) that, in specific cases, employers must take appropriate measures to ensure that persons with disabilities have the conditions to access employment, work, advance in their career, or receive training, unless such measures would impose a disproportionate burden on the employer.  However, as mentioned, the EU law is primarily intended for the protection of the EU citizens, so foreigners may find it difficult or impossible to utilize the directive's protection. Nevertheless, in such cases, one must still rely on national laws, which also enshrine the principle of non-discrimination.

It is recommended to familiarise yourself with the Disability Reform in Lithuania, which is reviewed by the Ministry of Social Security and Labour on the Ministry website.

Other grounds for discrimination

There may be situations where an employee is discriminated against on other grounds – age, race, religion, etc. A detailed list of the characteristics does not exist. Therefore, in each case, it is worthwhile to contact the Office of the Equal Opportunities Ombudsperson, the Labour Inspectorate, or the Labour Disputes Commission.

Changing the terms of the employment contract

Article 45 of the Labour Code establishes that changes to essential terms of the employment contract, additional terms of the employment contract, the established working time regime, or transferring an employee to another location on the employer's initiative are permitted only with the employee's written consent.  A period of no less than five working days must be established for the employee to respond to the proposal. During this period, it is recommended to consult with institutions or legal professionals.

Employee(s) also have the right to request changes to employment contract terms on their own initiative (DK 46 article).

Fundamental requirements for employee safety and health

Article 48 of the Constitution establishes that everyone has the right to proper, safe, and healthy working conditions. Chapter XI of the Labour Code (from Article 158) details the requirements for occupational safety and health. The legal acts in the field of occupational safety and health are thoroughly reviewed on the website of the Ministry of Social Security and Labour. If these requirements are violated or if working conditions are considered inappropriate, one can contact the National Labour Inspectorate.

Compensation for work-related injuries

Article 151 of the Labour Code establishes that each party to the employment contract must compensate any material and non-material damage caused to the other party due to a breach of their duties under the contract, provided that the breach was due to their fault. The employee is obligated to compensate for all property damage caused, but not exceeding three times their average salary, or, if the property damage was caused by the employee's gross negligence, not exceeding six times their average salary (Section 153). If the employer is obligated to compensate an employee for damages caused by the employee's injury or other health impairment, or in the case of their death or illness from an occupational disease, the employer is required to compensate to the extent that such compensation is not covered by state social insurance benefits (Section 155 of the Labour Code).

The Ministry of Social Security and Labour and the National Labour Inspectorate receive information that unscrupulous employers sometimes illegally collect funds from employed third-country citizens, aiming to cover potential losses incurred by the employer in the future. Such employers take advantage of the fact that such employees are unaware of Lithuanian laws, do not speak the state language, or do not dare to contact institutions. For questions regarding employment legal relationships, consult the National Labour Inspectorate.

Brief information about the collective labour relations

When an employee enters into an employment contract with an employer, they are linked only by individual employment relations. However, collective relations are also possible (Part III of the Labour Code), where employee representatives, trade unions, and other entities represent employee collectives and negotiate better terms with employers. Such collective agreements are important for the entire collective and are recorded in the collective agreements.

Trade Unions and their significance

Historically the most important body defending workers' rights is the trade union. Trade unions can be freely established on any basis in any workplace. Their activity is described in the Trade Union Act. More information about some professional unions can be found on the Social Security and Labour ministry website.

Other employee representative bodies

The Labour Code states (section 165) that trade unions, works councils, or an employee representative are considered to be formal employee representatives. Formal employee representatives act freely and independently of other social partnership parties. Employers or other social partnership parties are prohibited from influencing employee representatives' decisions or otherwise interfering in their activities. They are also subject to other guarantees.  More about employee representation on National Labour Inspectorate website.

Fundamentals of collective agreements

Article 190 of the Labour Code states that a collective agreement is a written agreement establishing labour law norms, mutual rights, obligations, and responsibilities of the parties, concluded by trade unions, employers, and their organisations. In the collective agreement, only trade unions can represent employees. Collective agreements may establish various agreements with the employer that benefit not individual employees but the entire collective. More detailed information can be found on the Social Security and Labour ministry website.

Termination and expiration of employment contract

Article 53 of the Labour Code stipulates that an employment contract can be terminated:  1) by mutual agreement, upon termination of the employment contract;  2) by termination of the employment contract on the initiative of one party;  3) upon termination of the employment contract by the employer;  4) terminating the employment contract in the absence of the parties' will;  5) in the event of the death of a party to the employment contract – a person;  6) As prescribed by the Minister of Social Security and Labour of the Republic of Lithuania, when the location of the employer—a person or representatives of the employer—cannot be determined;  7) by other grounds established in this Act.

Key cases for termination of employment contracts

Usually, employment contracts end because the employee wants to leave or is dismissed by the employer.  Most labor disputes arise because of the dismissal.  Generally, the best way to end the employment relationship is by a mutual agreement of the parties (Act on Labor Relations, Article 54), as in this case the parties can amicably and friendly agree on the terms of dismissal, compensation payments, etc.

However, it often happens that an employee is dismissed regardless of what the employee wants. And sometimes – due to the employee's fault. It is important to note that in cases where an employee is dismissed without fault (DK 57), not only a special dismissal procedure (prior warning, offering other available positions, etc.) is applied, but also a severance pay (paid by the employer) is due, and additionally, the employee is entitled to long-term work allowance (paid by SoDra).

In any case, termination of employment is a particularly important, complex, and often stressful process, therefore, it is essential to always consult with legal professionals or the Labour Inspectorate. It is noteworthy that the employer does not have the right to pressure an employee to leave "on their own accord", as noted by the National Labour Inspectorate on their website. In case of unlawful dismissal, an employee is entitled to compensation and reinstatement may be possible.

Settlement with the employee

Section 146 of the Labour Code stipulates that, upon termination of an employment contract, all the employee's remuneration related to the employment relationship shall be paid out when the employment contract is terminated, but no later than the end of the employment relationship.  The employer shall pay late payment penalties for delayed settlement.

Guarantee fund and when an employee can receive its benefits

There are instances when an employer becomes insolvent, goes bankrupt, and is unable to settle with employees. In such cases, the state guarantee fund may assist.  The guarantee fund is a state fund dedicated to ensuring guarantees for employees when their employer becomes insolvent.  Payment cases and procedures are stipulated in the Guarantees for employees when their employer becomes insolvent and in the long-term work benefits act. Additional information can be found on Social Security and Labour ministry's website.

Key tax and social security issues

Salary is subject to income tax that is collected and administered by the State Tax Inspectorate (more information on the VMI website). Accordingly, SoDra handles social security matters and collects and administers the mandatory health insurance, state social insurance, and other contributions (further details – SoDra website). To find out what the tax burden of a job is, i.e. how much an employee earns nominally (gross) and actually (net), one can use a SoDra calculator. For all uncertainties about tax, consult indicated institutions free of charge.

Dispute resolution and assistance

Problems and disputes are inevitable. The Labour Code (Article 216) stipulates that individual labour disputes (i.e., between employee and employer) are examined by labour dispute commissions and courts.  In cases of dismissal, dismissal from employment, or violation of a collective agreement, the labour dispute commission must be contacted within a month; in other cases, within three months of becoming aware of the violation (LC Article 220). Labour dispute commissions examine legal labour disputes free of charge, and the dispute parties' litigation costs are not recoverable (LC Article 217).

When a party disagrees with the decision of the labor dispute commission, they can appeal to the court. However, applying to the court carries significant risk, as losing the case or obtaining an unfavourable (or partially unfavourable) outcome may necessitate compensating the court proceedings' costs, including the opposing party's lawyer's fees.  Therefore, in all cases, consulting with legal professionals or institutions before initiating a labour dispute is recommended.

Consultations with institutions

State institutions provide free consultations within their area of expertise. Therefore, it is important to seek them out as frequently as possible when ambiguities arise – this can help avoid future problems and disputes.  Most often, most relevant institutions related to work are the State Labour Inspectorate, SoDra, the Employment Service, and the Immigration Department for foreigners.

Where to find legal advice

Foreigners, in particular, may find it difficult to make the right decision without knowing the Lithuanian law. But even a local person is not a legal expert. Therefore, the first good advice can come from state institutions, which are always worth contacting.

Lawyers, legal professionals, and their activities

Another important source of assistance are lawyers and paralegals. They are the only ones strictly supervised by the Lithuanian Bar Association (in Lithuania, one can practice law only if they meet the established requirements and have received official recognition), and their activity is mandatorily insured by civil liability insurance.  Usually only lawyers and their assistants can represent individuals in court. Other legal professionals (without an attorney's status) may have the necessary legal knowledge, but their activity is not regulated and supervised by the relevant authorities and their liability is not mandatorily insured, therefore a lawyer is a more reliable option. A list of lawyers can be found on the official The Lithuanian Bar Association website. Indeed, legal services usually come at a cost, although in some cases, lawyers may agree to provide free legal assistance or consultation.

State-guaranteed legal aid

When a person does not have enough money to hire a lawyer, they can use state-guaranteed legal aid. This aid is categorised as primary and secondary. Primary aid is simply a brief consultation; it is guaranteed to everyone free of charge. More about it can be found on the State Guaranteed Legal Aid Service website. For example, in Vilnius, you can request primary legal aid through the Vilnius City Municipality - see this website for more information. Accordingly, other city and district municipalities also organise primary legal aid in their area.  If you need primary legal aid, contact your local municipality.

Secondary legal aid is offered when consultations are insufficient and additional lawyer services are needed – such as document preparation, court representation, and so on. If a person's income and other circumstances meet the state-guaranteed legal aid conditions, such a person's secondary legal aid is paid for by the state (fully or partially). For more information see this service website.

Other support resources

Foreigners can obtain free legal assistance from various non-governmental organisations, e.g., Vilnius University Law Clinic, Migration Information Centre, Lietuvos Caritas, Lithuanian Red Cross and others. Contact other non-governmental organisations in the relevant field, e.g., organisations for people with disabilities, LGBT+ organisations, etc., which may direct you appropriately.