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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.

From 01 March 2019, new amendments to the Law on the Legal Status of Aliens have entered into force, which returned the obligation for the aliens sent to secondments abroad to acquire permits to work in the Republic of Lithuania.

Only aliens who come to work for a company included into the List of Approved Companies shall be exempted from the obligation to obtain a work permit. The same order shall remain for these aliens:

- Applications for the acquisition of multiple national visa may be submitted to the diplomatic mission of the Republic of Lithuania or consular post abroad or through an external service provider’s reception center for visa applications, if such a center is established in a foreign state;

- together with an application, it is required to submit a mediation letter electronically provided by the employer;

and

- a document confirming health insurance.

If a company that employs the alien is not included into the List of Approved Companies, then in order to obtain national visa, the alien will also have to submit a work permit and a document evidencing that he/she will have enough funds or will receive regular income on which he/she intends to live in the Republic of Lithuania during the period of visa validity and return to his/her country of origin.

The employer willing to employ the alien sent to secondment and obtain a work permit to him/her, must submit to the Employment Service the following documents:

  1. An application;
  2. A copy of valid travel document of the alien;
  3. An approved copy of the Contract for the Provision of Services/ Works concluded between the company in the Republic of Lithuania and the sending company. Together with the essential conditions laid down in the Contract for the Provision of Services/ Works, terms must be entrenched ensuring the guarantees of employees sent to secondments established by Article 108 of the Labour Code, separately indicating the amount of salary paid to the employee during the secondment in the Republic of Lithuania, and working time thereof;
  4. Confirmed copy of registration certificate of the sending company or copy of extract from the foreign state register;
  5. Confirmed copy of the employment contract of the alien with the sending company;
  6. A document issued by the competent authority of the foreign state confirming that the alien has been insured with social insurance in that foreign state for at least the last 3 months and the commitment of the sending company that he/she remains insured with social insurance in that foreign state during the period of secondment in the Republic of Lithuania. If the competent authority of the foreign state fails to submit a document on the social security of a particular person, information confirming hereof and the certificate of the sending company shall be provided, that the alien has been insured with social insurance at least 3 months during the lst half-year, as well as the certificate of the competent authority of the foreign state confirming that the sending company has no tax arrears of the state social insurance;
  7. Information of the sending company about the qualification of the alien;
  8. A copy of payment order for the issue of work permit.

It is notable that documents issued in foreign states shall be legalized or provided with Apostille 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.

A work permit for the alien shall be issued within 7 (seven) business days after a submission of documents.

 

 

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