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Work of aliens temporarily posted to Lithuania

Work of aliens temporarily posted to Lithuania

An employee temporarily posted abroad is considered a person employed in a certain state and sent to work in the territory of another state for a fixed period. According to the legal norms of European Union and the Law on Guarantees for Persons Temporarily Posted Abroad, the relevant guaranties shall be applied to such persons, namely: prohibition of any discrimination; social protection, health care, norms of hygiene; working conditions; payment of wages; the duration of the leave, work and rest time. To a temporarily posted alien, the guaranties of the state of the temporal residence shall be applied.

The working conditions for posted aliens and for other employees should be the same. This guaranty is applicable only in the following cases: is an alien is employed according to a contract; if an alien is sent to work at a branch or a representative office of his (her) employer or to an enterprise of the group; if an alien is appointed for a temporal employment.

The employer of a person posted to a Lithuanian enterprise shall inform the territorial branch of the State Labour Inspectorate on the said fact and the place and duration of the temporal employment of the person as well as the guarantees applied to the person.

If posted aliens come to work in Lithuania for a period over 30 days, the employer shall inform the territorial branch of the State Labour Inspectorate on the said fact in advance. The State Labour Inspectorate shall verify whether the coming persons are legally employed in the country and whether the relevant guarantees are provided to them.

 

For employment in Lithuania, an alien should obtain a Work Permit. If a person is temporarily posted for working in Lithuania, his (her) employer, i.e. the Lithuanian enterprise, shall apply to the territorial Labour Exchange having registered a vacancy in the territory of its activities.

The term of examination of documents at a territorial Labour Exchange: up to 10 calendar days. The territorial Labour Exchange shall provide a conclusion on an issue a Work Permit and transfer the documents to the Labour Exchange of Lithuania.

Labour Exchange of Lithuania shall issue a Work Permit within 10 calendar days.

On applying for a Work Permit for a posted alien, the following documents shall be submitted:

1. A completed Application Form;
2. A copy of the agreement on provision of services or execution of works concluded by and between the enterprise registered in Lithuania that wishes to employ the posted alien and the foreign enterprise that sends its employee abroad;
3. A copy of the Certificate of Incorporation of the foreign enterprise that sends its employee abroad or a copy of a transcript from a register of the foreign state;
4. Information on the planned works to be executed or services to be provided;
5. A copy of the Employment Contract concluded by and between the alien and the foreign enterprise that sends him (her) abroad;
6. A certificate issued by a competent institution of the foreign state to certify that the alien is covered by social insurance at the foreign enterprise that sends him (her) abroad;
7. A copy of a valid travel document of the alien (a Passport or a Person’s Identification Card);
8. A copy of a diploma or any other document that confirms the qualification of the alien.

It is notable that documents issued in foreign states shall be legalized or provided with Apostile according to the established procedure. Documents executed in a language other than Lithuanian shall be translated into Lithuanian and certified by the translation bureau. The submitted copies of documents should be certified by a signature and a seal of the head of the enterprise.

The Labour Exchange of Lithuania shall inform the employer on issue a Work Permit or on a rejection of the application by e-mail.

The employer or the alien may take the Work Permit at the territorial Labour Exchange where the application was submitted. At a request of the alien, he (she) may take the Permit at the Labour Exchange of Lithuania.

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