Foreigners working in Lithuania: new obligation to provide data
On 4 November 2019 a new obligation to provide specific notifications about the foreigners working in Lithuania (LDU notifications) arises.
An obligation to provide LDU notifications arises to the employers, who are: (i) employing non-EU nationals; (ii) hosting foreigners (nationals of EU and other countries) posted to Lithuania. LDU notifications should be submitted through e-system EDAS of the Social Security Fund Board (Sodra). Sodra, the State Labour Inspectorate and the Employment Service will exchange the information provided in the notifications and use it for the purposes of monitoring, controlling and ensuring the guarantees of the foreigners in Lithuania.
1. Non-EU nationals employed in Lithuania
All employers engaging in the employment relations with non-EU nationals are obliged to provide LDU notifications. When a national of a Member State of EU is employed, LDU notification is not required.
LDU notification includes personal data of the foreigner, basis for the legal stay in Lithuania, the country from which the person came from, information on the employment contract etc.
This notification should be submitted no later than on the day of employment.
2. Foreigners seconded to Lithuania
Employers hosting foreigners (nationals of EU and other countries) posted to Lithuania are also obliged to inform Sodra by submitting LDU notifications.
As a posting, irrespective of the duration, are considered the cases when the foreigner comes to Lithuania to work:
· on the basis of a contract of services or works, concluded between a foreign employer and a client in Lithuania;
· at the branch, representative office or the company, which belongs to the same group of companies;
· as a temporary employee.
LDU notification is not required when a foreign employee comes to Lithuania for business travel purpose, i.e. to attend conferences, meetings, seminars, etc.
LDU notification should be submitted no later than one business day before the start of seconded foreigner’s work in Lithuania.
It is important to note that foreign employers, who are posting employees to Lithuania, still have an obligation to provide the PWD notifications to the State Labour Inspectorate.
3. Foreigners, who arrived to Lithuania from 1 September until 3 November
An obligation to provide LDU notifications came into force on 1 September 2019, however, technical possibilities are only available from 4 November 2019. As a result, LDU notifications about the foreigners who have been posted to Lithuania or employed within the period from 1 September until 3 November should be submitted by 15 December 2019.
In cases when a foreigner started working in Lithuania before 1 September 2019, submission of LDU notification is not required.