Need to replace colleagues? Increased wages must be paid

With summer approaching, are you being asked to stand in for your colleagues? Part 7 of Article 144 of the Labor Code states that when the scope of an employee’s work is increased, an increased salary compared to normal working conditions is paid. Specific amounts of payment are determined in collective and labor agreements. Thus, if there is a need to perform the work function agreed in the employment contract in an increased scope, that is, the workload is increased during the unchanged working time rate, an increased wage must be paid for this, and the parties must agree on a specific amount in the labor or collective agreement.

Chancellor Šarūnas Orlavičius points out that in the event that an employee is assigned to perform the same work function and it must be performed beyond the set working time of a day or accounting period, such work should be considered overtime work and, accordingly, paid at least one and a half times the employee’s salary amount of pay in accordance with Article 144, paragraph 4 of the Labor Code. “However, even in this case,” the chancellor observes, “the employer and the employee could mutually agree on the performance of the same function in an increased scope exceeding the established working time rate in the employment contract or in an addendum to the employment contract.” – And, of course, in such a case, the employee must be guaranteed a proportionally higher payment compared to the established rate.”

“However, it is important to notice,” emphasized Š. Orlavičius, – that if the employment contract or job description specifies substitution as one of the employee’s job functions, the increased salary is paid if the usual workload of the employee or the working time rate specified in the employment contract is exceeded during the substitution.”

“However, if there is a need for an employee to temporarily or permanently perform a job function other than that specified in his employment contract, the parties to the employment contract may agree on additional work in accordance with Article 35 of the Labor Code,” the legal expert emphasizes. – However, such activities can be performed in free time from the performance of the main job function.”

What does this mean? A combination of job functions may be agreed upon, or the activity may be performed at the same time as the main job function, i.e., juxtaposition of job functions or project work may be agreed upon. The agreement on additional work must specify the time at which the additional work function will be performed, its scope in working hours, salary or bonus for additional work, and others in accordance with Article 35, Part 4 of the Labor Code.

In addition, according to Chancellor Š. Orlavičius, it is important to know that when implementing agreements on additional work or on increased scope of work, the requirements of maximum work and minimum rest time set by the Labor Code or other labor law norms cannot be violated. Thus, an employee with the duration of the main function and additional work or agreement on the increased scope of work cannot work more than 60 hours in each seven-day period.

State Labor Inspectorate of the Republic of Lithuania
under the Ministry of Social Security and Labour
Algirdo str. 19, LT-03607 Vilnius
www.vdi.lt