The Order of the Chief State Labour Inspector of the Republic of Lithuania Approving the Description of Measures to Prevent Violence and Harassment at Work (Description) came into force on 1 January 2025. The Description details the requirements of the Labour Code for the prevention of violence and harassment.
The Description lays down specific binding rules for all employers to prevent and reduce the risk and consequences of violence and harassment at work.
In this newsletter, we will discuss the main new requirements introduced by the Description and the steps that every employer must take to avoid potential disputes.
Prevention measures
The Description sets out specific prevention measures to be implemented by all employers, such as:
- declaring the prohibition of violence and harassment at work – the employer must clearly state the prohibition of such behaviour and the liability for the use of violence;
- setting a standard for appropriate behaviour – the employer must specify what behaviour is acceptable and what is not;
- designating a responsible person – the employer must designate a responsible person whom employees can turn to if they encounter a situation of violence. The Description details who can be designated as the responsible person;
- violence and harassment reporting procedure – the Description sets out additional requirements for what the procedure must include;
- training on the risks of violence and harassment – the Description lays down the procedure and timeframe for the training.
The Description not only specifies mandatory measures to prevent violence and harassment, but also recommended additional measures a company can implement, such as wellness days, private health insurance, and free psychological counselling.
Internal investigation procedure
The Description sets out new rules and time limits for the conduct of an investigation. The Description specifies the following main new requirements:
- A committee must be set up on receipt of a report, unless this is impossible for objective reasons. The Description lays down the rules for setting up the committee (for example, an odd number of members of the committee, the right of employee representatives to delegate at least 1/3 of members the committee);
- The rules for the conduct of the investigation and the procedure for challenging the findings must be established;
- There must be special rules for cases of suspected violence by the Managing Director of a company (the employee’s right to take the matter to the company’s management bodies or to the State Labour Inspectorate or a Labour Dispute Commission directly);
- The employer is obliged to provide assistance to the victim (for example, advice from psychologists, lawyers or other professionals);
- It provides for additional responsibilities of the employer after the investigation has been completed (relating to communication to the employees).
Training
The obligation to provide training is established by the Labour Code. The Description elaborates on this obligation:
- training must be carried out in all companies, regardless of the number of employees;
- training must be conducted at least once every three years;
- all employees must receive training;
- the employer must have training materials available and make them available to employees who have not received training and to new employees;
- The fact of training must be recorded in the company’s internal documents.
Our team is ready to help you in every way:
Our team has specialised in the prevention of violence and harassment at work for years and has successfully represented employers in disputes.
As the Description introduces additional rules, it is necessary to review existing policies and procedures to ensure that they are in line with the rules set out in the Description, and to make sure that training has been provided and that the company has the training materials available to introduce to new employees. We are here to assist you in all these matters.
As a reminder, our team specialises in:
- conducting internal investigations into reports received (including being a member of a committee);
- drafting violence and harassment prevention policies or investigation procedures;
- providing mandatory training for employees and developing training materials;
- providing specialised training for managerial staff;
- representing clients in disputes (before labour dispute commissions, courts or other institutions (such as the Equal Opportunities Ombudsman’s Office);
- providing other legal advice.