Know your rights and obligations

Everything about the employment contract

After a successful job interview, a candidate is usually offered a verbal (in person or via phone) or written (via e-mail) job offer. However, a formal agreement only takes place after the employment contract is signed. Therefore, the guarantees provided by law come into force only from the signing. There must be two signed copies of the employment contract (one for you, the other copy for the employer). The most important advice is to never sign documents in a hurry. If you need time to read or study the document or consult a lawyer, then do so. What should you know before signing a contract?

Type of employment contract
There are several types of employment contract. The type must be indicated in the written document and reflect the agreement you have reached with the employer. Pay attention to this before signing the contract.

• Permanent employment contract is an ordinary contract of employment that is not fixed-term;
• Fixed-term contract is an employment contract signed for a certain period of time or for the performance of certain works;
• Temporary work contract – when the work is performed for the benefit of a person specified by the temporary employment company (employer);
• Apprenticeship contract is such a contract, when the aim is to acquire the qualifications required for a job;
• Project contract is a fixed-term employment contract to achieve a specific project result;
• Job sharing – when two employees share a job;
• Working for several employers – when the same job function is performed for several employers;
• Seasonal work contract is an employment contract signed for seasonal work.

What should be agreed upon in the contract?

These minimum terms and conditions of employment must be agreed upon with your employer:

• Functions (what kind of work you will do, what kind of duties you will have);
• Payment (monthly salary or hourly wage);
• Workplace (specific office, department);
• Type of the employment contract;
• Work schedule (length of a work day and work week, distribution of work time during the work week);
• Start dates. If you are going to take an unqualified job for 40 hours per week during work hours, the payment may not be lower than the minimum monthly salary or the minimum hourly wage set by the Government. For a qualified job, the payment must be higher than the minimum salary set by the Government.

Do you work legally?

• Work without a contract is illegal. Even if you are accepted for a probationary period, an employment contract must be signed before the first working day.
• If you work illegally, your employer may not pay you, and no one will reimburse you for medical expenses, because without an employment contract you are not protected by the laws of the Republic of Lithuania.
• Before you start working, your employer must notify the State Social Insurance Fund Board (Sodra) at least 1 working day before the scheduled start of work. You can check if this is done on sodra.lt. When you log in, you will see your name at the top of the window. Click on it, then click "My policyholder (employer)". If the employer has notified Sodra about your employment, a new window will open, where you will see the name of the company and the agreed start of employment (the first working day). We strongly advise starting work only if you see this information.

What you need to know about the probation period and work tools?

Probationary period
You and the employer may agree on a probation period, in order to check whether you are suitable for the agreed job, as well as whether the agreed job is suitable for you. The probationary period may not exceed 3 months and it is prohibited to extend it.
If the results of the probation period do not satisfy the employer, they may decide to terminate the employment contract before the end of the probation by notifying you in writing 3 working days before the termination of the employment contract, without paying severance pay. You can also terminate your employment contract during the probation period by notifying your employer in writing 3 working days in advance. This notice may be revoked no later than the next working day after its submission. If you submit such a notice and do not revoke it, your employment contract is terminated.

Work tools
It is important to know what work tools are at your disposal. Before signing the employment contract, it is important to discuss with the employer what the main work tools are and whether they will be provided. According to Article 31 of the Labor Code of the Republic of Lithuania, the employer must provide the employee with the necessary work equipment or property. This means that if a computer or a car is needed to perform the job, it should be provided by the employer. However, if, before signing the employment contract, both parties agree that the employee will use his / her assets to perform the work, then the employer is not obliged to provide those tools. In this case, compensation is paid to the employee for the use of his / her facilities or assets.

What are the exceptions for students?

Working part-time
Considering that you are combining studies and work, you can agree to work part-time with your employer. Working part-time means working less than 8 hours a day or 40 hours a week. The condition for such work time may be included in the employment contract when you are hired (signing the employment contract) or later (making changes to the employment contract).
The agreement for you to work part-time is reached between you and the employer (both parties should agree). If you work part-time, there will be no restrictions on determining the length of annual leave, calculating seniority, upgrading your qualifications. There will also be no restrictions on other rights, compared to employees working the same or equivalent job full-time. You will be paid for part-time work in proportion to the time you worked or the work performed.

Study leave

Upon submission of a note regarding the examinations and their dates, you will have a right to take the study leave of the foreseen duration. The employer, having assessed the purpose of such leave, will have to provide it:

• To prepare for and to take an ordinary exam – 3 calendar days for each exam
• To prepare for and to take tests – 2 calendar days for each exam
• For laboratory work and consultations – as many days as it is indicated in your study plan and schedule
• To complete and defend a diploma (Bachelor's, Master's) thesis or doctoral dissertation or art project – 30 calendar days.

Annual vacation leave can be combined with learning needs

The employer must approve your request for vacation if you study without interrupting work, combining vacation with examinations, tests, preparation of the final thesis (bachelor's, master's), laboratory work and consultations.

For more information

Free consultations:
State Labour Inspectorate, I-IV: 9–16, V: 9–15; lunch break – from 12 h to 13 h
(+370 5) 213 9772 and Facebook.
You may also send electronic inquiries. The form can be found on the website www.vdi.lt

The study regulating documents may be found here.