Your colleague is on holiday and you’re doing the work of two people — a situation familiar to many employees in Lithuania. Under Article 144 of the Labour Code, an employee assigned to perform additional duties is entitled to extra pay — a supplement on top of their regular salary. Many employees don’t know this right exists, or feel uncomfortable asserting it. Performing additional duties without extra pay is not just unfair — it’s unlawful. This guide explains exactly what the law says, how much you are entitled to, and what to do if your employer refuses to pay.
- Legal basis: Labour Code Article 144 (performance of additional functions).
- Minimum supplement: not less than 20% of your average monthly salary.
- Agreement: must be in writing — supplementary contract or employer order with signed consent.
- Right to refuse: yes — if no written agreement and supplement is offered.
- Applies when: colleague is on annual leave, sick leave, maternity leave, or otherwise absent.
What does the Labour Code say about additional duties?
Labour Code Article 144 (“Performance of Additional Functions”) is explicit: an employer may assign additional duties to an employee only with a written agreement. A verbal instruction to “take on Petras’s work too” is not a legally binding obligation.
The key distinction: an employee performing additional duties continues to carry out their own primary role. They are not formally moved into a different position — they perform both jobs simultaneously.
The law also limits duration: additional duties can only be assigned for the period they are needed (i.e., until the absent colleague returns). They cannot be imposed indefinitely.
How much supplement are you entitled to?
The supplement amount is agreed between the employer and employee. However, the Labour Code sets a floor — the supplement cannot be less than 20% of the employee’s average hourly or monthly wage.
Note: 20% is the legal minimum, not the norm. You can negotiate a higher supplement, especially if you are covering all of your colleague’s duties rather than just a portion.
The supplement can be agreed as:
- A percentage of your monthly salary (e.g. 20%, 30%, 50%)
- A fixed euro amount per month
- A percentage of the absent employee’s salary
How must the agreement be formalised?
A written agreement is legally required. This can take the form of:
- A supplementary contract attached to your employment contract — specifying which duties, from when, until when, and the supplement amount.
- An employer’s order with your signed acknowledgement and consent.
- An email agreement, if this format is treated as written documentation in your organisation — but a signed document is strongly recommended.
Worked examples with real numbers
Example 1: An employee earns €1,500 gross per month. A colleague goes on annual leave for 3 weeks. The employer asks the employee to cover part of the colleague’s duties. Minimum supplement: 20% × €1,500 = €300/month. For 3 weeks (0.75 months) that’s approximately €225 extra.
Example 2: An employee earns the MMA of €1,038. A colleague is on sick leave for 1 month. The employee covers all duties. Minimum supplement: 20% × €1,038 = €207.60/month. If a 40% supplement is negotiated: €415 extra that month.
Example 3: A manager earns €2,500. The department head goes on holiday; the manager temporarily takes on some management duties. A 30% supplement is agreed: €750 extra for that month.
Can you refuse additional duties?
Yes. An employee has the right to refuse additional duties if:
- No supplement has been agreed
- The employer does not offer a written agreement
- The proposed supplement is below the legal 20% minimum
Refusing additional duties when no fair compensation is offered is not a disciplinary violation. An employer cannot discipline an employee or open proceedings simply because they declined to perform unpaid extra work.
Additional duties vs temporary replacement — what’s the difference?
| Aspect | Additional duties (Art. 144) | Temporary replacement (Art. 68) |
|---|---|---|
| What the employee does | Performs own job + colleague’s duties | Temporarily steps into the colleague’s role only |
| Own duties | Yes — continues their own role | No — own duties are suspended |
| Pay | Own salary + supplement (min. 20%) | Not less than the replaced employee’s salary |
| Written agreement | Required | Required |
| Duration | Until the absent colleague returns | Typically up to 1 year |
In practice: if you are doing both jobs simultaneously — that’s additional duties (Art. 144). If you have completely stepped into the other person’s role and stopped performing your own — that’s a temporary replacement with its own separate rules.
What to do if your employer refuses to pay
- Raise it directly with your manager or HR in writing (email) — citing Labour Code Art. 144. This resolves most cases.
- Request a written agreement — if none is offered, you are entitled to decline additional duties from that point forward.
- If you already performed duties without a supplement — document everything: emails, task assignments, working hours. This is your evidence.
- Contact the State Labour Inspectorate (VDI): vdi.lt or email vdi@vdi.lt. VDI must respond within 20 working days.
- File a claim with the Labour Disputes Commission (DGK) — if the employer refuses to pay for duties already performed, you can claim it through the DGK without a lawyer.
Frequently asked questions
Am I obliged to perform a colleague’s duties if my employer asks?
Only if a written agreement with a supplement is in place. Without a written agreement and compensation, you can refuse. This is not a disciplinary offence.
What is the minimum supplement for performing additional duties?
Not less than 20% of your average monthly salary. You can negotiate a higher amount.
Is the supplement taxed?
Yes — it is part of your employment income and is subject to GPM and Sodra contributions in the same way as regular salary.
What if my employer says there is no budget for a supplement?
Budget constraints are not a legal basis for denying you a supplement you are entitled to by law. You can refuse the additional duties or file a complaint with VDI.
Is a verbal agreement enough?
It offers no legal protection. Always request written confirmation — an email with a clear acceptance reply also qualifies as a written format, but a signed document is safer.