Works council in Lithuania: annual information and protection of members
Updated 2026-10-22. First published in 2017; the text then gave other time limits and no longer matches the current Labour Code.
An employer with an average of 20 or more employees gives the works council, at its request, information on the business and on employment relations once a year. This is done no later than 1 April (Labour Code (DK), Article 205(1)). Members of the works council have guarantees: time for representation, training and protection against dismissal (DK Article 168). This article covers both topics.
Which decisions need consultation with the works council is covered in our article Administrative burden for the employer once a works council is set up (in Lithuanian).
What changed since 2017
| The 2017 text said | The current DK provides | Basis |
|---|---|---|
| Once a year the employer must submit a report | Information is given at the works council’s request, no later than 1 April | DK Article 205(1) |
| Average pay by occupational group | Average by job group and sex, if the group has more than two employees | DK Articles 40(8), 52(8), 71(3), 79(4) |
| Training – at least two working days a year | At least five working days a year; average pay is kept for at least two days | DK Article 168(2) |
| The Inspectorate’s consent to dismissal may take two years or more | The Inspectorate answers the employer within 20 working days. If the decision is appealed, the contract may be ended only once it becomes final (see case law below). The two-year claim had no source | DK Article 168(3) |
The table compares the 2017 text with the current DK. Not every difference comes from an amendment: some 2017 statements were already inaccurate then.
From 1 November 2026, two new sentences apply. All works council activity and the professional development of its members are funded by the employer (DK Article 175(1), version from 2026-11-01). For violence and harassment against employee representatives, the rules of DK Article 30 apply accordingly (DK Article 166(1), version from 2026-11-01).
Annual information
The employer gives information on (DK Article 205(2)):
- its condition, structure and possible changes in employment, including the number and categories of employees and temporary agency workers;
- changes in pay that have taken place and expected trends;
- how working time is organised, including the length of overtime and its reasons;
- the results of occupational safety and health measures;
- business development and the economic situation, including the financial statements and the annual report, if they must be prepared;
- other matters important to the economic and social position of employees.
Time limits after the information is given (DK Article 205(3) and (5)):
| Step | Time limit |
|---|---|
| The works council may ask to start consultations | within 5 working days of receiving the information |
| Consultations start | no later than 15 working days after the information is received |
| Consultations last | at least 5 working days, unless the works council agrees to a different period |
If there is no works council and no employee trustee, the information goes to the trade union acting at employer level (DK Article 205(4)).
Our recommendation: prepare the information in advance, before the works council asks. Part of the data is in the financial statements and the working time records.
Other information at the works council’s request
| What to give | How often | Basis |
|---|---|---|
| Anonymised data on average pay by job group and sex (groups with more than 2 employees, managers excluded) | at least once a year; employers with more than 20 employees | DK Article 23(2)(1) |
| Part-time employees | at least once per calendar year | DK Article 40(8) |
| Remote work | at least once per calendar year | DK Article 52(8) |
| Fixed-term employment contracts | at least once a year | DK Article 71(3) |
| Temporary agency work | once a year | DK Article 79(4) |
In each case the employer states the number of employees, the positions and, if a job group has more than two employees, the average pay by job group and sex.
From 1 January 2027, employers with 100 or more insured persons will have to carry out a joint pay assessment together with employee representatives if all three conditions are met: in some job group the difference between women’s and men’s average pay is at least 5 percent; the employer has not justified it by objective, gender-neutral criteria; and it has not corrected it within six months (DK Article 23(11), version from 2027-01-01). More in our article Pay transparency in Lithuania: what employers must do, and by when.
Guarantees for the works council
- Room and equipment. The employer provides a room, which the works council does not pay for, and lets it use the existing work equipment (DK Article 167(1)).
- Time for representation. Council members are released from work for at least 60 working hours a year. They keep their average pay for this time (DK Article 168(1)).
- Training. At least five working days a year are given, at a time agreed with the employer. Average pay is kept for at least two working days, unless labour law rules or agreements of the social partners provide otherwise (DK Article 168(2)).
- Funding from 1 November 2026. All works council activity and the professional development of its members are funded by the employer (DK Article 175(1), version from 2026-11-01).
The same guarantees apply to an employee trustee (DK Article 177(2)).
Protection against dismissal
During the term and for six months after it, a works council member may not be dismissed on the employer’s initiative or by the employer’s will without the consent of the head of the territorial unit of the State Labour Inspectorate. Without such consent, the member’s essential employment terms may not be worsened either (DK Article 168(3)).
How the procedure works (DK Article 168(3) and (4)):
- the employer submits a reasoned request to the Inspectorate;
- the Inspectorate informs the employee and the employee representatives and gives them at least five working days to give their opinion;
- the Inspectorate answers the employer within 20 working days of receiving the request;
- consent is given if the employer shows that the dismissal is not linked to the representation work and is not discriminatory;
- the decision may be appealed under the Law on Administrative Proceedings; the employer may challenge a refusal within 30 days;
- while a labour dispute is pending, the employment contract may not be ended.
The employer may not dismiss members of the election commission on its own initiative while the commission’s mandate lasts (DK Article 171(4)).
What the courts say
- Supreme Court of Lithuania: the Inspectorate’s consent is needed in every case where the employment contract is ended on the employer’s initiative, including dismissal for a gross breach. Without consent, the dismissal is unlawful for that reason alone. In that case the dismissal was still upheld: it was based on earlier breaches whose procedures had started while the 2002 Labour Code was in force, and that code did not require consent (ruling of 2019-09-26 in case No e3K-3-276-248/2019).
- Supreme Court of Lithuania: where the employee appealed the Inspectorate’s consent, the consent took effect only once the court decision became final (ruling of 2023-04-25 in case No e3K-3-133-684/2023).
- Supreme Administrative Court of Lithuania: the Inspectorate assesses only whether the dismissal is unrelated to the representation work and is not discriminatory (ruling of 2021-10-11 in case No eA-1832-756/2021).
These cases concern trade union representatives. DK Article 168(3) protects works council members on the same terms.
Mistakes to avoid
- Starting to prepare the information only after the request arrives. The law sets a deadline: no later than 1 April (DK Article 205(1)).
- Giving only two days for training. It is now at least five (DK Article 168(2)).
- Dismissing a council member just after the term ends. The protection lasts six more months (DK Article 168(3)).
- Dismissing while the dispute over the Inspectorate’s consent is still open. While a labour dispute is pending, the contract is not ended (DK Article 168(3)). Consent that has been appealed takes effect only once the court decision becomes final (Supreme Court ruling of 2023-04-25 in case No e3K-3-133-684/2023).
Doing it with Linden
The Atlygis system prepares the pay system with job groups and runs the works council election. The pay gap check shows the difference between men’s and women’s pay in each job group. From the same data you can also prepare the information the works council may ask for (DK Article 23(2)(1)). You can check which requirements apply to you here: atlygis.linden.lt/en/self-check.
Related articles
- Setting up a works council in Lithuania: when it is required and how the election runs
- Setting up works councils under the new Labour Code (in Lithuanian)
- Administrative burden for the employer once a works council is set up (in Lithuanian)
- Pay system without a works council: how to consult employees in Lithuania
In Atlygis you can now check for free whether men’s and women’s pay in your company differs by 5 % or more – in each job group. You pay only before the documents are prepared. Sign up and check (the app is in Lithuanian). We explain how the gap is calculated in our article “The gender pay gap by job group: how Atlygis calculates it”.
Phone +370 5 212 1506, email info@linden.lt
More about this service: drafting labour law documents.
