The Lithuanian Parliament (Seimas) is considering amendments to the Labour Code that would introduce an explicit right for employees to be unavailable outside working hours, particularly in remote work. However, this right would apply to all employees, not just those working remotely.
The proposed amendment responds to the growing concern that digital work tools (such as email, messaging platforms, and mobile devices) are blurring the line between work and personal time, often extending the working day beyond legally permitted limits. The legislative initiative aims to promote a better work-life balance and protect employees’ right to rest, which is already a core principle under the Labour Code.
Under the current Lithuanian labour law, rest time must be free from work obligations. Any work performed outside regular working hours—including responding to emails, messages, or calls—may qualify as on-call time or overtime, depending on the circumstances, and must be appropriately compensated.
Several EU Member States, including France, Belgium, and Italy, have already enshrined the right to disconnect into national law. The Lithuanian proposal reflects a broader EU-level discussion on the need for such regulation to address modern working conditions.
Recommendations of ECOVIS ProventusLaw
Regardless of whether or when the legislative initiative is adopted, employers should proactively regulate after-hours communication to reduce legal risks and foster a healthy work culture. Clear internal rules help ensure compliance with labour law requirements, improve employee satisfaction, and reduce burnout.
Employers should consider the following actions:
1. Establish or update internal policies (e.g., Work Rules, Remote Work Policy, Communication Policy) to:
- Clearly define permissible contact hours;
- Identify situations where after-hours communication constitutes on-call duty or overtime;
- Specify expected response times outside working hours, if any.
2. Discourage routine after-hours communication:
- Ensure that messages outside working hours are sent only when necessary;
- Avoid creating an implicit expectation of constant availability.
3. Design handover procedures for employee absences:
- Ensure employees can prepare and delegate tasks before vacations or leaves to minimize disruptions and unnecessary contact during rest periods.
4. Educate employees on their rights:
- Communicate clearly that employees are entitled to uninterrupted rest and may be eligible for compensation if required to work beyond regular hours;
- Provide training to managers on respecting rest time and avoiding overreach.
Properly regulating the right to disconnect mitigates legal risks and contributes to a more mature and sustainable organisational culture.
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