Employees in Lithuania have the legal right to refuse to work if heat at the workplace poses a risk to their health — confirmed by the State Labour Inspectorate (VDI). The legal basis is Article 159 of the Labour Code: an employee may refuse to perform duties if doing so would genuinely threaten their safety and health. Many employees don’t know this right exists or feel uncomfortable asserting it. But the fact is: refusing to work in dangerous heat conditions is not a disciplinary violation. This guide explains the specific temperature limits in Lithuania, how to act in practice, and what to do if your employer does nothing.
- Legal basis: Labour Code Art. 159 — right to refuse work posing a health risk.
- Max temperature (indoors): 28°C (sedentary) / 26°C (physical work).
- Employer must: provide air conditioning, cool drinks, rest breaks, or adjusted working hours.
- If employer refuses: contact VDI: vdi.lt or +370 5 213 9772.
- Important: refusing to work due to dangerous temperature is not a disciplinary offence.
Legal basis: Labour Code Art. 159
Labour Code Article 159 (“Employee’s right to refuse to perform work”) states: an employee may refuse to carry out duties or follow employer instructions if doing so would violate the employee’s safety and health. This provision applies not only to acute emergencies (fire, accident) but also to persistent unsafe working conditions — including extreme heat.
The Law on Safety and Health at Work (DSSĮ) also requires employers to ensure safe working conditions at all times. This places the responsibility for workplace temperature firmly on the employer, not the employee.
VDI’s position is clear: when workplace temperature reaches a level that is dangerous to health and the employer fails to act, employees not only may — but should — protect themselves.
What are the temperature limits at work?
Temperature requirements for Lithuanian workplaces are set by Hygiene Norm HN 69:2003 “Thermal comfort and adequate thermal environment at workplaces”. Maximum permitted temperatures in summer depend on work intensity:
| Work intensity category | Examples | Max permitted temperature |
|---|---|---|
| I (light) — sedentary | Office, cashier, programmer | 28°C |
| IIa (moderate) — standing work | Shop assistant, teacher, assembly line | 27°C |
| IIb (moderately heavy) | Warehouse worker, production operator | 26°C |
| III (heavy) — active physical | Indoor construction worker, freight handler | 26°C |
What must an employer do in a heatwave?
- Air conditioning or industrial fans — cooling the workspace is the primary obligation.
- Additional rest breaks — especially for physically demanding roles.
- Free cool drinking water — mandatory in hot conditions.
- Adjusted working hours — starting earlier or finishing later to avoid peak heat.
- Remote work option — where the nature of work permits.
- Informing employees about heat-related health risks and prevention measures.
All of these are legal obligations — not voluntary gestures. If an employer ignores temperature standards and takes no action, this is a labour law violation.
How to act when it’s too hot at work
- Measure the temperature — use a basic thermometer and photograph the reading with a date/time stamp.
- Inform your employer in writing (email) — state the measured temperature and request protective measures. A written record creates an evidence trail.
- Wait for a response and action — if the employer responds and acts, the issue is resolved. If not, proceed.
- Exercise your right under Labour Code Art. 159 — notify your employer in writing that you are refusing to work until the temperature falls within safe limits.
- Contact VDI — file a complaint at vdi.lt or call +370 5 213 9772. The inspectorate is required to respond and can conduct an on-site inspection.
Can you be disciplined for refusing to work in the heat?
No — provided you follow the correct procedure: notify the employer in writing, state the reason. Refusing to work under Labour Code Art. 159 due to a genuine health threat is not a disciplinary violation.
However, the employee must:
- Promptly notify the employer or their authorised representative of the refusal and reason.
- Not refuse without valid grounds — the temperature must genuinely exceed safe limits or produce observable health symptoms (dizziness, weakness, overheating).
Outdoor workers and special cases
Outdoor workers (construction, agriculture, delivery, postal) are not governed by the same specific indoor temperature norms — but employers cannot ignore a 38°C heatwave for outdoor staff either.
Under DSSĮ general provisions, during heatwaves employers of outdoor workers must:
- Ensure access to cool water at least every 15–20 minutes during physical work.
- Provide shaded rest break areas.
- Inform workers about heat stroke symptoms and what to do.
- Shorten working hours or adjust shift schedules during extreme heat events.
What to do if your employer ignores the problem
- VDI (State Labour Inspectorate): vdi.lt → “Kreiptis” section → online complaint form or call +370 5 213 9772. Anonymous reports are accepted.
- NVSC (National Public Health Centre): Violations of hygiene norms (HN 69) fall under NVSC jurisdiction.
- Labour Disputes Commission (DGK): If your employer penalised you for a lawful refusal, you can file a claim without a lawyer.
Frequently asked questions
At what temperature can I refuse to work?
In indoor workplaces: above 28°C for sedentary work, above 26°C for moderate or heavy physical work. If the temperature exceeds these limits and the employer takes no protective action, you may invoke Labour Code Art. 159.
Can my employer fire me for refusing to work in the heat?
No, provided you follow the procedure: written notice with stated reason. Dismissing an employee for lawfully protecting their health is unlawful and can be challenged through VDI or the Labour Disputes Commission.
Can I demand an air conditioner at my office?
Not for a specific device — the law mandates safe temperature levels, not a particular solution. You can require the employer to ensure temperatures comply with HN 69. The choice of how to achieve that is the employer’s decision.
What if my employer says there is no budget for AC?
Budget constraints do not exempt employers from the legal duty to maintain safe working conditions. The employer must use alternative measures: fans, adjusted hours, additional breaks. Contact VDI if they fail to act.