REPUBLIC OF LITHUANIA WAGES LAW

Transcription

1 official translation REPUBLIC OF LITHUANIA WAGES LAW (as amended and supplemented by 23 March 1999, No.VIII-1101) This Law shall regulate wages of the employees who work under employment contracts in enterprises, institutions, and organisations, regardless of their forms of property. Article 1. Wages An employee's wages shall depend on labour supply and demand in the labour market, quality and quantity of labour, and the results of the enterprise's activities. It shall be prohibited to reduce wages due to a person's sex, age, race, nationality, or political convictions. Article 2. Minimum Wage The State shall set a minimum hourly pay rate (minimum monthly wage). The hourly pay rate (monthly wage) established for an employee may not be less than the minimum hourly pay rate (minimum monthly wage) set by the State. Article 3. Organisation of Payment for Work Conditions of payment for work, rate-qualification requirements of occupations and positions, and the procedure for fixing pay rates for jobs and employees shall be established by the owners (employers) of the enterprises, institutions, and organisations in collective bargaining (collective agreements). Actual hourly pay rates, monthly wages, other forms and conditions of payment for work, and working standards in enterprises, institutions, and organisations shall be established in collective agreements or, if they are not concluded, in employment contracts according to the procedure established by the laws of the Republic of Lithuania (hereafter referred to as "collective agreements or employment contracts"). The conditions of payment for work to an employee, established in the employment contract, taking into consideration the provisions approved in legal statutes and collective

2 agreements, may be changed only by a written agreement between an employee and employer. Article 4. Remuneration to Employees of Public Institutions The conditions of payment for work to employees of public institutions shall be established by the laws the Republic of Lithuania. The conditions of payment for work to the employees of other institutions financed from the budget shall be established by the Government of the Republic of Lithuania. These conditions shall be revised at least once a year, taking into account the raise in wages of employees in material production. Article 5. Guaranty of Actual Wages Taking into account the price index, wages shall be indexed according to the procedure established by Law on Individual Income Security of the Republic of Lithuania. Article 6. Wages in the Event of Departure from Normal Working Conditions In the event of departure from normal working conditions, an employee shall be paid for the work performed: in harmful conditions - at least one and a half the hourly (daily) base pay (monthly wage) established for an employee; in extremely harmful conditions - at least double the hourly (daily) base pay (monthly wage) established for an employee. Working condition classifications and permitted concentrations and levels of harmful factors shall be regulated by the laws of the Republic of Lithuania and other statutory acts. Specific pay rates shall be set in collective agreements or employment contracts. Article 7. Payment for Overtime and Night Work At least one and a half the hourly wage rate (monthly wage) established for an employee shall be paid for overtime and night work (from 10 p.m. to 6 a.m.). Specific pay rates shall be set in collective agreements or employment contracts. Article 8. Wages for Days off and Public Holidays Unscheduled work on days off and public holidays shall be compensated for by providing another day off within a month, or at the request of the employee, by paying at least double the hourly or daily fixed wage rate without providing an additional day off. 2

3 An employee shall be paid double the hourly or daily wage rate for work scheduled on public holidays. Article 9. Payment for the Hours of Lay-off An employee shall receive no less than the minimum hourly pay, as established by the State, for each hour of the lay-off not due to the fault of the employee. If the wage of the employee, who has been transferred according to the procedure established by the law to alternative work as a result of the lay-off, decreases for reasons beyond the employee s control, he shall be paid an average payment he got before being transferred. If in the event of the lay-off, the employee receives no offer of alternative work available at the enterprise, which he could do without prejudice to his profession, speciality, qualification, and health condition, he shall be paid the payment equal to two-thirds of his average hourly wage he received before the lay-off, but not less than the minimum hourly payment, approved by the State, for every hour of the lay-off. If the employee rejects an offer of alternative work which he could do without prejudice to his profession, speciality, qualification and health condition, he shall receive the payment which is not less than the State-established minimum hourly pay for each hour of the lay-off. The employer has no right to require an employee who is not working due to the layoff, to stay at his workplace for more than one hour per workday (shift). The workpay established in paragraph 3 of this Article shall be paid for the stay in the enterprise for the time specified in this provision. The cases of full absence from work during the lay-off may be provided for in the collective agreement, employment contract or by agreement between the parties. The collective agreement or employment contract may establish the rates of payment which are higher than those specified in this Article. The terms and procedure for paying compensation for the lay-off which is not due to the fault of the employee shall be the same as the terms and procedure for paying wages. An employee shall not be paid compensation for the hours of the lay-off through his fault. Article 10. Wages for Incomplete Working Time and Short-Time Working 3

4 Employees shall be paid proportionally for incomplete working time (incomplete workday or week), established for an employee by agreement with an employer, depending on the period or amount of work completed. Additional guarantees of payment for work may be provided for employees whose working hours are shortened according to laws or collective agreements (for minors, persons with limited working capacity, employees who work in extremely harmful working conditions, etc.). Article 11. Time, Place, and Procedure of Payment Wages shall be paid during working hours at least two times per month. The specific time, place, and procedure of the payment shall be established in collective agreements or employment contracts. When giving an employee annual holidays, earnings due to the employee before the beginning of the holidays shall be paid along with a pay for the full period of that holiday not later than three calendar days prior to the beginning of the holiday. If an employee is being dismissed from work, he shall be paid any moneys to which he is entitled on no later than the last workday. Article 12. Average Wages Employees shall be guaranteed average wages in cases provided for in the laws of the Republic of Lithuania, collective agreements, or employment contracts. These average wages shall be calculated in the procedure established by the Government of the Republic of Lithuania. Average wages shall comprise all wages on which National social insurance contributions shall be calculated, according to the enforced procedure. An employee who is prevented from working in his main place of employment in the cases provided by law shall be paid at least double the salary by the institution or organisation whose duties he carries out. Article 13. Settlement of Disputes Wage disputes shall be investigated in the procedure for the settlement of disputes as established by the laws of the Republic of Lithuania. Article 14. Control of Law Observance The State Labour Inspectorate shall exercise control over the observance of this Law. 4

5 Article 15. Liability for Violation of this Law Losses incurred as a result of the violation of this Law shall be recovered by the guilty party. In cases provided for in the laws of the Republic of Lithuania, disciplinary, administrative and criminal actions shall be applied for the violation of this Law. Article 16. Information about Wages Information concerning an employee's wages shall only be furnished and publicised in the cases provided for by law, or upon the consent of the employee. Information regarding employees wages which are paid from the State and municipal budgets, budget of the State Social Insurance Fund and the budget of the Health Insurance Fund, shall be accessible to the public. The procedure of providing the information related to wages shall be established by the Government of the Republic of Lithuania. VYTAUTAS LANDSBERGIS President Supreme Council of the Republic of Lithuania Vilnius 9 January 1991 No. I-924 5