Rights of migrant workers FINAL

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Transcript Rights of migrant workers FINAL

Protecting migrant workers' rights in
practice in Lithuania, relating both to
legal labour migrants and clandestine
Vanda Jurseniene
Expert of Gender Research Laboratory,
Mykolas Romeris University
Former Head of Equality between Women and Men
Division, Ministry of Social Security and Labour, Lithuania
General approach
In the EU, in Lithuania as well, third–country worker’s
are recognised as contributing to the economy
through their work and tax payments. In order to reduce
unfair competition between a Member State’s own
nationals and third-country nationals and protect them
from the possible exploitation. a set of rights are laid
down in the EU Law, f.i., The Directive 2011/98, The
Directive 2000/43 for the fields in which equal
treatment between a Member State’s own nationals
and such third-country nationals who are not yet longterm residents.
Equal treatment
Set of rights
Employment and work
Third-country workers shall enjoy equal treatment with nationals of
the Member State where they reside with regard to:
- opportunity to exercise the specific employment activity;
- working conditions, including pay and dismissal as well as health
and safety at the workplace;
- freedom of association and affiliation and membership of an
organisation representing workers or employers or of any
organisation whose members are engaged in a specific
occupation, including the benefits conferred by such organisations,
without prejudice to the national provisions on public policy and
public security;
- advice services afforded by employment offices.
Equal treatment
Set of rights
Education and vocational training
Third-country workers shall enjoy equal treatment with nationals of the Member
State where they reside with regard to
-education and vocational training
- recognition of diplomas, certificates and other professional qualifications in
accordance with the relevant national procedures
The Member States may restrict equal treatment in education and training :
-limiting application for those third-country workers who are in employment or who
have been employed and who are registered as unemployed,
-excluding those third-country workers who have been admitted to their territory in
conformity with Directive 2004/114/EC for a period exceeding three months for the
purposes of studies, pupil exchange, unremunerated training or voluntary service;
- excluding study and maintenance grants and loans or other grants and loans
- laying down specific prerequisites including language proficiency and the payment
of tuition fees, in accordance with national law, with respect to access to university
and post-secondary education and to vocational training which is not directly linked
to the specific employment activity;
Equal treatment
Set of rights
Social Security
Third-country workers shall enjoy equal treatment with nationals of the
Member State where they reside with regard to:
-social security, as defined in Regulation (EC) No 883/2004: sickness,
maternity and paternity, old-age pensions, pre-retirement and invalidity
pensions, survivors’ benefits and death grants, unemployment, family
benefits, accidents at work and occupational illness
Third-country workers moving to a third country, or their survivors who
reside in a third country and who derive rights from those workers, shall
receive, in relation to old age, invalidity and death, statutory pensions
based on those workers’ previous employment and acquired in
accordance with the legislation referred to in Article 3 of Regulation (EC)
No 883/2004, under the same conditions and at the same rates as the
nationals of the Member States concerned when they move to a third
Equal treatment
Set of rights
Social Security
Member States may restrict equal treatment:
- by limiting the rights conferred on third-country workers but shall
not restrict such rights for third-country workers who are in
employment or who have been employed for a minimum period of
six months and who are registered as unemployed;
-by deciding, that family benefits might not apply to third-country
nationals who have been authorised to work in the territory of a
Member State for a period not exceeding six months, to thirdcountry nationals who have been admitted for the purpose of
study, or to third-country nationals who are allowed to work on the
basis of a visa
Equal treatment
Set of rights
Other rights
Third-country workers shall enjoy equal treatment with nationals of the
Member State where they reside with regard to:
-tax benefits, in so far as the worker is deemed to be resident for tax
purposes in the Member State concerned. Member States may restrict
equal treatment by by limiting its application to cases where the
registered or usual place of residence of the family members of the thirdcountry worker for whom he/she claims benefits, lies in the territory of the
Member State concerned ;
- access to goods and services and the supply of goods and services
made available to the public including procedures for obtaining housing as
provided by national law. Might be limited to those third-country workers
who are in employment
- access to information on his/her rights
- right to free movement in the territory of the country
EU Social Security Coordination
Modernised Social Security Coordination applies in the
EU since 1 May 2010.
It includes the following consolidated regulations:
Regulation (EC) No 883/2004
Implementing Regulation (EC) No 987/2009
The EU rules apply to the nationals of non-EU
countries, legally residing in the territory of the EU, who
have moved between these countries, and their family
EU Social Security Coordination
Since 1 January 2011, Regulation (EU) No 1231/2010 extends
modernised coordination to nationals of non-EU countries (thirdcountry nationals) legally resident in the EU and in a cross-border
situation. Their family members and survivors are also covered if
they are in the EU. (Exceptions – UK and Denmark)
Regulation (EU) No 1231/2010 is a source of rights, for example,
in the case of a third-country national who has moved from one EU
country to another for work, but whose children have stayed in the
previous EU country.
Non-EU nationals can continue to benefit from the previous EU
coordination rules in cases concerning the United Kingdom as
Regulation (EC) No 859/2003 (which extended Regulation (EEC)
No 1408/71 to nationals of non-EU countries) continues to apply
EU Social Security Coordination
Main principles
The person is covered by the legislation of one country at a time so
he/she only pays contributions in one country. The decision on which
country's legislation applies to the person, will be made by the social
security institutions. The person cannot choose. More information:
The non-EU national legally residing in the EU have the same rights
and obligations as the nationals of the country where he/she is
covered. This is known as the principle of equal treatment or nondiscrimination.
When the person claims a benefit, his/her previous periods of
insurance, work or residence in other countries are taken into
account if necessary.
If the person is entitled to a cash benefit from one country, he/she
may generally receive it even if they are living in a different
country. This is known as the principle of exportability.
EU Social Security Coordination
Your rights
Everyone, who would wish to learn about his/her
pension rights, unemployment benefits, family benefits
and other social security rights in the EU countries
might consult easy accessible Commissions website,
where this information is provided in several languages
country by country.
Lithuanian case. General rule
Legislation of the Republic of Lithuania
provides for the general rule that citizens of
foreign States and persons without citizenship
have the same rights and freedoms as citizens
of the Republic of Lithuania, except for the
cases when the law or international
agreements provide otherwise.
Legal preconditions
EU Law
Law on the Legal Status of Aliens
Law on Equal Opportinities/Equal Treatment
Labour Code and other Labour legislation
Other Laws
International binding Treaties
Equality before the Law
The Law of the Republic of Lithuania on the Legal
Status of Aliens stipulates that aliens in the Republic of
Lithuania shall enjoy the rights and freedoms provided
by the Constitution of the Republic of Lithuania,
international agreements, Lithuanian laws and EU
legislation. Aliens in the Republic of Lithuania shall be
equal before the law without distinction as to their sex,
race, ethnicity, language, origin, social status, religious
beliefs, convictions or views.
Equality before the Law
Administrative proceedings concerning an
administrative offence should be conducted
following the principle of equality of citizens
with respect to the law and the body (official)
conducting the proceedings regardless of their
origin, social and property situation, racial and
national affiliation, sex, education, language,
religious beliefs, type and manner of
employment, place of residence and other
Free movement
Residence permit in the Republic of Lithuania
grants an alien the right of residence in the
Republic of Lithuania, to choose a place of
residence in the Republic of Lithuania, to
change the place of residence, to depart from
and return to the Republic of Lithuania during
the period of validity of the residence permit.
Equal Treatment
Any direct and indirect discrimination,
harrasement and instruction to
discriminate on the grounds of race,
ethnicity, nationality, religion, language,
belief, convictions or views, social status,
origin, sex, age, sexual orientation,
disability is forbidden.
Equal Treatment
requirement to know the state language as established by laws;
prohibition of participation in political activities in the cases
specified by laws; (f.i, right to be a member of political party is
granted to the citizens of the EU member states, permanently
residing in Lithuania, who are not the members of any other
political parties)
different rights applied on the basis of citizenship as established
by laws; (f.i, Lithuanian citizenship is one of the preconditions to
enter civil service)
Equal Treatment
special measures in the field of health care,
safety at work, employment, labour market
as established by laws with the view of
creating and applying conditions and
opportunities guaranteeing and promoting
integration into the working environment; (f.i.,
special courses)
Equal Treatment
 where, by reason of the nature of the particular
occupational activities concerned or of the context in
which they are carried out, a particular human
characteristic constitutes an essential and
determining occupational requirement, provided that
the aim is legitimate and the requirement is
proportionate; (f.i., Can black-skinned migrant get a
job of Santa Claus in the country where majority of
parents/children are white-skinned? WHY?)
Equal Treatment
 where the legal regulation of restrictions, special
requirements or certain conditions relating to the social
status of a person is justified by a legitimate aim, and the
means of achieving that aim are appropriate and necessary;
(Social status is defined as education or qualification
acquired by a natural person or his studies at research and
education establishments, his property, income, need for
state support provided for in legal acts and/or other factors
related to the financial/economic situation of the person)
Equal Treatment
Applicable in the areas of:
employment, education, studies, consumers
protection (access to and provision of goods
and services), membership in associations, job
announcements or announcements offering
education and duties of state institutions and
municipalities to ensure and promote equal
Not applicable to the areas of:
Family and private life
Religious communities, their activities
Equal Treatment in Employment
The employer, without regard to sex, race, nationality, language,
origin, social status, belief, convictions or views, age, sexual
orientation, disability, ethnic origin or religion, must:
 apply uniform selection criteria and conditions when employing,
or recruiting to the civil service, except for the cases specified
provide equal working and civil service conditions and
opportunities for vocational training, advanced vocational training,
retraining, practical work experience, as well as provide equal
 apply uniform criteria for assessing the work of employees and
the performance of civil servants;
4) apply uniform criteria for dismissal from work and from the civil
Equal Treatment in Employment
measures to prevent harassment, sexual harassment or
instructions to discriminate against any employee or civil servant at
the workplace;
 take measures to ensure that an employee or civil servant who
has filed a complaint relating to discrimination or is participating in
discrimination proceedings, his representative or any person who
is testifying or making statements are not subjected to persecution
and are protected from any adverse treatment or adverse
take appropriate measures to enable disabled persons to have
access to, participate in, or advance in employment, or to undergo
training, including adaptation of premises, unless such measures
would impose a disproportionate burden on the employer.
Equal Treatment
How does it work in practice
Such grounds of discrimination as race, ethnicity, nationality,
religion, language, belief, convictions or views, social status,
origin, are most probably relevant to the protection of third
country nationals.
A person who considers himself wronged by failure to apply equal
treatment to him might appeal to the Equal Opportunities
Ombudsperson or to the court.
Any non-compliance or improper compliance with the duties or
non-compliance with the prohibitions set by the Law constitutes a
violation of equal treatment and relevant sanctions will be applied.
Equal Treatment
How does it work in practice
This protection mechanism is popular because it’s easy access
and strengths of decisions.
The Ombudsperson can initiate investigation by herself, can
transfer materials to other investigating bodies, can oblige the
respondent to stop discriminative action or to amend
discriminatory legal provision, impose administrative sanctions,
etc. Decision is made within 2 -3 months.
Switch of the burden of proof requires the respondent to prove that
there has been no breach of the principle of equal treatment. If the
complainant provides facts on possible discrimination, it is
sufficient to presume that direct or indirect discrimination,
harassment or instruction to discriminate has occurred.
Equal Treatment
How does it work in practice
Applicant might be supported by non-governmental organisations.
Associations or other legal persons which have, in accordance
with the legal act regulating their activities, the defence and
representation in court of persons discriminated against on a
particular ground as one of their activities may, on behalf of the
person discriminated against, represent him in judicial or
administrative procedures in the manner prescribed by laws.
A person who has suffered discrimination might claim
compensation for economic and non-economic damages from the
persons guilty
Equal Treatment
Violation of equal opportunities laid down in the
Law of the Republic of Lithuania on Equal
Opportunities shall be punishable by a fine up
to 1,5 thousand Euro to be paid by liable
officers, employers or their authorized
Equal treatment
Criminal Code criminalizes actions aimed at hindering,
on grounds of sex, race, religion, convictions or views,
nationality, language, origin, social status, sexual
orientation, disability, age a person or the group of
persons to participate equally with other persons in
political, economic, social, cultural, labour or other
activities or at restricting the rights and freedoms of
such person or a group of persons
Equal Treatment
Code of Administrative Offences provides for
administrative liability:
-for production, possession with the purpose of
distribution, and distribution of printed matter, visual,
audio or other products promoting national, racial or
religious hatred.
-for formation of an organization promoting national,
racial or religious conflicts as well as for participation in
the activities of such an organization.
Equal Treatment
Criminal Code also imposes criminal liability
for incitement against any national, racial,
ethnic, religious or other group of persons, as
well as for funding such activities.
Punishments: fine, restriction of liberty, arrest
or imprisonment for a term of 2-3 years.
Right to work
Work Permit.
Alien who seeks employment in the Republic of Lithuania must
obtain a permit to work before his arrival to the country.
A work permit may be issued to an alien if there is no specialist in
Lithuania meeting the employer’s qualification requirements,
taking into consideration the needs of the Lithuanian labour
The permit shall be issued for a period of two years, half year or
one year depending on the kind of work.
Work permit is not needed for the EU nationals and their family
members, in cases of permanent residence permit, family
reunification, intends to participate in the scientific research etc.
Right to work
Labour contract.
An alien may take up employment under a contract of employment
or, if the alien’s permanent place of employment is abroad, the
alien may be sent for temporary employment Lithuania.
An employer may conclude labour contract with an alien, who has
a work permit.
The labour contract should be concluded and submitted for
registration to the local labour exchange (public employment
service) within 2 months from the day of issue of work permit.
An alien’s pay should not be less than that paid to a resident of
Lithuania for performing the same work for the same employer
Labour Code regulates labour relations and conditions, including
remuneration. It’s provisions apply equally to all employees,
including migrant workers.
Right to work
Labour Code
One of the main principles, connected with the exercise and
protection of labour rights and obligations, is the principle of
equality of subjects of labour law irrespective of their race, sex,
nationality, language, origin, citizenship and social status, religion,
marital and family status, age, beliefs or views, sexual orientation,
membership in political parties and public organisations, factors
that are not related to the employee's professional qualities;
It is prohibited to refuse employment or dismiss on the grounds
specified and other circumstances unrelated to the professional
qualities of employees.
Right to work
How does it work in practice
Refusal to employ a person for the above-said reasons
may be contested in court not later than within one
If the court finds that the refusal to employ is unlawful, it
issues an order, which obliges an employer:
to employ this person
to pay him compensation in the amount of the
minimum wage for the period from the day of refusal to
employ to the day of the execution of the court order.
Right to work
How does it work in practice
case of violation of the individual rights derived from the labour
law the employee (employer as well) might apply to the Labour
Disputes Commissions acting at the State Labour Inspectorate.
The applicant should fill in recommended template.
The Commission evaluates the information, contained in the
complaint, if needed will collect additional information and
evidence. Both employer and employee will be invited to the
meeting of the Commission. The Commission aims to conciliation.
Another way – to vote for the Commissions decision.
The Commission makes a decision in 1 month.
If the decision is not acceptable to employee or employer, they
might apply to the court.
Social insurance
workers in Lithuania, i.e. Lithuanian nationals and
non-nationals are insured under state social insurance.
In the Republic of Lithuania these rights are
guaranteed equally to all workers covered by state
social insurance.
Insured persons are the natural persons who, in
accordance with the procedure prescribed by the law,
pay state social insurance contributions by themselves
or the contributions are paid on behalf of them by
insurants. The pursued state social insurance policy
prohibits discrimination of nationals of other states
working in the Republic of Lithuania.
Bilateral agreements on social security
Nine bilateral agreements in the sphere of
social security (with Estonia, the Czech
Republic, Finland, Latvia, the Ukraine, Belarus,
the Netherlands, Russian Federation, Moldova)
and three bilateral agreements concerning only
pensions (with Poland, Russia and the USA)
had been signed. Bilateral agreements are
initiated with regard to the flows of migrants.
Bilateral agreements on social security
These agreements are based on the pro rata (proportionality)
principle, i.e. for the purposes of establishing the right to a benefit,
the period of state social insurance accumulated in both states is
summed, and each state calculates the benefit separately in
proportion to the period of social insurance accumulated in each
state. The calculated part of the benefit is transferred to the state
where the person concerned resides.
Only the agreement with Russia on pensions is based on the
integrated (territorial) principle, i.e. the state social insurance
period accumulated in both states is summed and the benefit is
calculated and granted in the state where the person resides in
accordance with the legislation of that state.
Bilateral agreements on social security
In early 2008, the analysis of the existing agreements
signed by Lithuania resulted in a finding that the priority
was to initiate bilateral social security agreements with
those states (not EU or EEA states or Switzerland) that
accounted for the largest shares of past and present
migration from Lithuania. In addition, the states of the
former USSR territory remain certainly relevant in terms
of bilateral agreements, since Lithuanian residents
during the occupation period had real possibilities of
working and living in the states covered by the former
USSR territory.
Bilateral agreements on social security
Resolution No 1235 of the Government of the Republic
of Lithuania of 24 November 2008 approved the
standard draft agreement in the sphere of social
security between the Republic of Lithuania and another
State. The main objective of the standard draft
agreement in the sphere of social security between the
Republic of Lithuania and another State is to regulate
pension granting and payment as well as the payment
of social pension insurance contributions in respect of
persons who move from one State to another for the
purposes of residence and/or work.
Bilateral agreements on social security
The said standard draft agreement provides that the
agreement shall be applicable to persons who reside in
the territory of one of the States and who have been
subject to the laws of one or both States, also to their
family members. The agreement covers the state social
insurance old-age pensions, loss of working capacity
(disability) pensions as well as widow and orphan
(survivor's) pensions because pensions play one of the
most significant roles among other social security
benefits, as the right to a pension is related to the
social insurance period, which is accumulated over
several decades.
Bilateral agreements on social security
A draft bilateral agreement is based on the pro rata
(proportionality) principle, which means that for the
purposes of establishing the right to a pension, the
period of state social insurance accumulated in both
states is summed, and each state calculates the
pension separately in proportion to the period of social
insurance accumulated in each state and the
calculated part of the pension is transferred to the state
where the recipient resides. This draft is used for
further bilateral agreements.
Support for families
The Law of the Republic of Lithuania on Benefits to
Children is applicable to persons permanently residing
in the Republic of Lithuania as well as aliens residing in
the Republic of Lithuania who have been appointed, as
guardians (curators) of a Lithuanian national, also to
foreign children residing in the Lithuania who have
been assigned, guardianship (curatorship) in Lithuania
as well as those whose guardianship (curatorship) has
been taken over by a competent authority.
Support for families
According to this law, permanent residents of Lithuania are those
nationals whose data about a residence in Lithuania or, in the
absence of a residence, about the municipality in which they
reside have been entered into the Population Register also foreign
nationals permanently residing in the Republic of Lithuania as well
as persons without a citizenship.
The Law stipulates that the system of child benefits covers all
residents of the Republic of Lithuania, i.e. the requirement of
Lithuanian citizenship does not apply and benefits are assigned to
children with regard to the status as a permanent resident. The
Law does not say that benefits to children may be reduced
because their recipient is a foreigner or a person without
Support for families
The Law on Social Assistance to Pupils which
governs social assistance to pupils, does not
establish any provisions discriminating
foreigners compared to Lithuanian nationals,
i.e. every pupil is entitled to assistance
specified by the law.
Support for families
The Law of the Republic of Lithuania on Cash Social
Assistance for Poor Families and Single Residents
states that this law is applicable to persons
permanently residing in the Republic of Lithuania, i.e.
Lithuanian nationals, foreign nationals permanently
residing in Lithuania as well as persons without
citizenship enjoy equal rights to cash social assistance
under this law. Thus the requirement of Lithuanian
citizenship does not apply and cash social assistance
is provided with regard to the status as a permanent
Support for families
The Law on Assistance in the Case of Death stipulates that the
death grant shall be paid upon death of a Lithuanian national
whose permanent residence is in the Republic of Lithuania, upon
death in Lithuania of a foreign national permanently residing in
Lithuania or of a person without citizenship. The grant is payable
to a family member of the deceased or to another person burying
him irrespective of his place of residence or nationality. The grant
is also payable in the case of stillbirth of a child of a Lithuanian
national, foreigner or refugee permanently residing in the Republic
of Lithuania. In this case, the grant is paid to one of the parents of
the stillborn child or to a person burying him irrespective of his
place of residence or nationality
Social services
Law on Social Services states that social services shall
be available not only to Lithuanian nationals but also to
foreigners, including persons without citizenship, who
hold the permit for permanent or temporary residence
in Lithuania, also other persons in the cases specified
by the international agreements of the Republic of
Social housing
State social rental housing assistance is provided to a
person (family) who has had no housing property in the
territory of Lithuania, or the average useful floor area of
the current home is below 10 m2, per capita and whose
annual income and property before the year of granting
the state assistance is below the highest rate of income
and property established by the Government. The rate
of the rent is established by local authorities, according
to the procedure for the calculation of the public
housing rent, established by the Government
Social housing
The registry of individuals (families) entitled to
municipal social housing or improvement of its
conditions is held with competent local authority. The
following lists are available:
-young families;
-families with three or more children (adopted children);
-orphans and persons deprived of parental care This
list includes orphans and persons (families) deprived of
parental care, who on the expiry of the period of care or
freedom deprivation are not older than 35 years of age;
Social housing
-disabled persons (families). This list includes
individuals that, have been recognized through
established procedure as unable or partially able to
work, or who have reached the retirement pension age
and have been recognized as people with special
needs, as well as families having disabled family
member, as well as persons suffering from chronic
diseases and families that have a family member
suffering with the mentioned diseases;
-general list. It includes all individuals outside the
above lists;
-social housing tenants entitled to improvement of
housing conditions.
In Lithuania medical care is provided free of charge to
all individuals who pay, or are paid on their behalf, the
compulsory health insurance (CHI) contributions. Every
resident of Lithuania Additional (voluntary) health
insurance is available alongside CHI. CHI contributions
are mandatory for every resident of Lithuania.
Only urgent ambulance aid is provided free of charge
for individuals who are not covered by CHI.
All children are covered by CHI on their behalf by the
Individuals who are covered by CHI are guaranteed a
three-level outpatient and inpatient health care,
provision of medicines, eyeglasses, hearing aids,
orthopaedic and certain other medical aids, etc.
Medical rehabilitation and sanatorium treatment,
nursing and social services in hospices, and individual
health check-ups is also covered. All these services are
provided to the insured by health care institutions, other
institutions and drug-stores that have signed contracts
with territorial patients’ funds. Individuals who are
covered by CHI may freely choose or change their
health care institution and doctors.
According to the Law on Education, the State
guarantees each citizen of Lithuania, also each
alien having a permanent or temporary
residence permit for the Republic of Lithuania,
primary, basic and secondary education,
access to special education, post-secondary
and higher education.
General education is funded by the State on the basis
of the pupil’s basket principle. Children from socially
disadvantaged families receive free meals at school,
and children residing in rural areas at a distance of
more than three kilometres from school, are provided
with free transport to the closest school by school
busses or other means of transport. When a pupil
needs a school dormitory accommodation, living
expenses are covered by the founder of the school.
Lithuania, through its continuous support to the
culture of national minorities, aims at
strengthening the cultural rights of Lithuanian
citizens of other nations, creating conditions to
integrate minorities into the country’s public life
and foster their cultural traditions and heritage.
Annual support from the State budget is provided for
the culture and education projects of nearly 300 nongovernment organisations of national minorities,
organisation of seminars and workshops for the
representatives of national communities. The
developing network of national communities centres,
established in 2001, contributes to the preservation of
the cultural and ethnical individuality of Lithuanian
national minorities.
In Lithuania, national minority communities are
provided with conditions for using mass media
in their mother tongue. At present, 105
periodicals are published in Russian, Polish,
German, Latvian and Estonian languages.
Lithuanian Tatars publish their daily in
Lithuanian, Polish or Russian languages with
some parts in their native language.
The total number of religious communities is 881. The Church of
Old Believers has 60 and the Russian Orthodox has 50
communities. Services in churches of 71 parishes situated in
Vilnius, Kaunas and various eastern and south-eastern districts of
Lithuania are held in Polish. Germans and Evangelic Latvians also
have their houses of worship, holding services in German and
Latvian. Lithuanian Karaites also have their houses of worship,
called kenesas, in Vilnius and Trakai. The Jews, accordingly, have
synagogues. Tatars have mosques holding services in Kaunas,
Alytus district (Raižiai), Vilnius district (Nemėžiai) and Forty
Tatars’village, as well as a house of worship in Vilnius. Moreover,
there are different religious public organisations with their own
publications, radio and TV broadcasts.
Illegal/undeclared work
An alien’s work or engagement in other activities in
Lithuania is considered unlawful, regardless of whether
remuneration is received or not, if the alien:
 works without a work permit and/or contract of
employment and a temporary residence permit or visa,
when they are necessary/required;
 is engaged in other activities for which he has no
permit, where such permit is required, and has no
temporary residence permit or a visa;
Illegal/undeclared work
More generally, illegal work includes any commercial,
economic, financial or professional activity carried out
without setting up an enterprise according to the
procedure laid down in the laws or without obtaining a
proper licence to engage in certain activities, cases
when a portion of the salary is paid in “envelopes”,
when individuals work in illegal companies without
conclusion of an employment contract, when they work
for longer periods than officially agreed officially in their
employment contract.
Illegal work
Informal meeting of the EU Council of Ministers in Charge Labour,
Social Protection and Consumers Affairs, held on April 19-20 put
emphasis on undeclared work, as a phenomenon negative for the
economies of the Countries, welfare of the societies and for the
individuals, as they loose social guarantees and income.
Nationals of third countries are particularly vulnerable with this
regard and might be included as a target group to the future EU
platform on undeclared work. Main directions of combating
undeclared work – strengthening prevention and control, improving
coordination, increasing publicity of the cases of undeclared work,
strengthening sanctions, raising awareness and intolerance of the
society. http://www.socmin.lt/lt/naujienos/pranesimai-spaudai/a.pabedinskiene-kovoje-f149.html
Illegal/unlawful work
Employers or their authorised persons, who
have permitted to perform illegal work, is liable
and shall be sanctioned.
First time – minimum sanction 868 euro,
maximum 2 896 euro for every illegal worker
Repeated - minimum sanction 2 896 euro,
maximum – 5 792 euro for every illegal
The victim of illegal work is not sanctioned
Illegal work
Control mechanism
State Labour Inspectorate:
 draws up methodologies and guidance for control of illegal work,
organises seminars, establishes the procedure for cooperation
between the officials of control bodies and institutions in organisation
of joint inspections;
 draws up the record of illegal work (quarterly), analyses the control
results and puts forward conclusions to all institutions and bodies
executing control over illegal work;
 at least once per half year arrange meetings of the representatives of
all institutions and bodies in charge of illegal work during which the
issues of illegal work, proposals concerning improvement of the legal
framework in relation to illegal work, mutual cooperation and other
issues are discussed;
 organises educational activities aimed at intolerance of illegal work
and promotion of public involvement in detecting illegal work cases.
Illegal work
the Financial Crime Investigation Service at the
request of public authorities and institutions
controlling illegal work, carries out investigative
operations and, in case of identifying of financial
crimes, conducts criminal prosecution.
the State Tax Inspectorate coordinates the actions of
control over illegal work carried out by the institutions
executing control over illegal work, investigates the
cases of employment without business licences,
declaration of self-employment or without registration
of a company.
Illegal work
the Police Department under the Ministry of the
Interior which, within the scope of its competence,
provides assistance to public authorities and
institutions engaged in prevention of illegal work and
controls the prohibited or unregistered activities as
well as activities without the required business
the State Social Insurance Fund Board which
controls if the employees have concluded
employment contracts and looks for any violations of
payment of social insurance contributions.
-In 2015 39980 nationals of foreign countries (132 countries) and
stateless persons, living in Lithuania, comprised 1,37 percent of
Lithuanian population. Of them 81,2 proc. – from European countries,
EU and EFTA countries, Ukraine, Russian Federation and Belarus; 7
percent – citizens of Asian countries: China, Kazakhstan, India, Israel.
Citizens of USA, African countries, Australia comprise the smaller percent.
- Work permit is issued to 5 382 persons. Absolute majority – in service
sector (82 percent) and industry – 18 percent.
-Temporary residence permit on the grounds of activities, for which work
permit is not needed is issued for 2 800 persons.
-- Equal Opportunites Ombudsperson investigated 5 complaints of non-EU
- State Labour Inspectorate detected 170 cases of illegal work of third
countries nationals aliens in 2015, and 66 cases in 2014. The most
vulnerable sector in this regard – construction.
Sources used
1. Directive 2011/98/EU of the European Parliament and of the Council of
13 December 2011 on a single application procedure for a single permit
for third-country nationals to reside and work in the territory of a Member
State and on a common set of rights for third-country workers legally
residing in a Member States.
2. Council Directive 2003/109/EC of 25 November 2003 concerning the
status of third-country nationals who are long-term residents.
3. Council Directive 2000/43/EC of 29 June 2000 implementing the
principle of equal treatment between persons irrespective of racial or
ethnic origin.
4. Law on Equal Opportunities, Labour Code, Law on the Legal Statuss of
Aliens, Laws on Social Insurance, Education, Health Protection, etc
5. Lithuanian Migration Policy guidelines, adopted by the Government in
Sources used
6. Order and conditions of issuing of Work permits, approved by
the Minister of Social Security and Labour
7. Information on Social Security bilateral agreements and on
illegal work. Ministry of Social Security and Labour
8. Periodic Reports of Lithuania under the UN Convention on the
Elimination of All Forms of Racial Discrimination.
9. Lithuanian Country Report of the European Migration Network,
Interntional Organisation for Migration and Lithuanian Social
research centre: Labour Force Migration: policy and needs.
Thank you very much