REPUBLIC OF LITHUANIA
LAW ON ADDITIONAL EMPLOYMENT AND SOCIAL GUARANTEES
FOR THE EMPLOYEES OF THE STATE ENTERPRISE IGNALINA NUCLEAR POWER PLANT
29 April 2003 No. IX-1541
Article 1. Purpose of the Law
1. This Law establishes additional employment and social guarantees for the employees of the State Enterprise Ignalina Nuclear Power Plant (hereafter - Ignalina NPP) who are being or have been dismissed from work as a result of decommissioning of Units 1 and 2 of the Ignalina NPP as well as for their family members, seeking to mitigate the negative social consequences and ensure safe and uninterrupted work of the Ignalina NPP pending the end of operation.
2. Persons recruited for carrying out the Ignalina NPP decommissioning works and persons who are employed at the Ignalina NPP after the expiry of the licence for the operation of Unit 2 of the Ignalina NPP shall not be entitled to additional employment and social guarantees under this Law.
Article 2. Definitions
1. Employees who are being dismissed from work means employees of the Ignalina NPP who have already been given notice of the termination of the employment contract on the grounds specified in Article 129 of the Labour Code due to decommissioning of Units 1 and 2 of the Ignalina NPP, except for the employees recruited for carrying out the Ignalina NPP decommissioning works.
2. Family member of an employee who is being or has been dismissed from work means the employee's spouse, children/adopted children under 18 years of age and older unemployed, unmarried children who are full-time students of educational establishments until they reach the age of 24 as well as the employee's and the spouse's parents/adoptive parents living together.
3. Employees who have been dismissed from work means employees of the Ignalina NPP with whom employment contract has been terminated on the grounds specified in Article 129 of the Labour Code due to decommissioning of Units 1 and 2 of the Ignalina NPP.
4. Decommissioning of the Ignalina NPP means implementation of legal, organisational and technical measures with the aim of effecting safe deactivation and dismantling of the Ignalina NPP, removal of radioactive material, waste, components and residue.
5. Decommissioning of Units 1 and 2 of the Ignalina NPP means a process which starts from the day of entry into force of the Government decision concerning the date of the final shutdown of Unit 1 of the Ignalina NPP and comes to a close upon the expiry of validity of the licence for the operation of Unit 2 of the Ignalina NPP, issued by Lithuanian State Nuclear Safety Inspectorate.
6. Compensatory job creation means creation of jobs, first and foremost in the Ignalina NPP region, in order to employ the dismissed workers according to their educational level and professional qualification.
Article 3. Promotion of Employment of Employees who are being or have been Dismissed from Work
Target programmes on employment, Ignalina NPP regional development, use of human resources and business promotion as well as measures approved by the Government shall be implemented with a view to safeguarding employment guarantees for employees who are being or have been dismissed from work.
Article 4. Support for Employment of Employees who are being or have been Dismissed from Work
1. An employee who is being or has been dismissed from work shall be drawn up an individual plan providing for his employment measures and social guarantees. The procedure for drawing up individual plans shall be established by the Government or the institution authorised by it.
2. Guarantees referred to in the Law on Support of the Unemployed, Article 7 (2) (2-7), which are applicable to the unemployed who are eligible for additional support on the labour market shall be applied to the employees who have been dismissed from work, provided they have registered at the territorial labour exchange.
3. Vocational training of the employees who are being or have been dismissed from work shall be provided according to the procedure laid down in the Law on Support of the Unemployed at non-working hours for a period of up to 10 months. Upon the decision of the territorial labour exchange, vocational training may be provided for a longer period.
4. Where retraining and in-service training for the performance of the Ignalina NPP decommissioning works of the employees who are being dismissed from work is provided at educational institutions during working hours, the employees shall be granted educational leave. During the leave the employee shall be paid his average wage; the employee shall be reimbursed his travelling expenses to the educational institution. The employees shall undergo retraining and in-service training for the performance of the Ignalina NPP decommissioning works according to individual plans.
5. For compensatory job creation intended for employment under individual plans of employees dismissed from work the employers shall be paid compensations in the amount of 24 minimum monthly wages (hereafter referred to as MMW) for each job:
Article 5. Employment Guarantees of Unemployed Family Members
1. Guarantees referred to in the Law on Support of the Unemployed, Article 7, paragraph 2, subparagraphs 2 to 7, which are applicable to the unemployed who are eligible for additional support on the labour market shall be applied to the unemployed family members of employees who are being or have been dismissed from work, provided they have registered at the territorial labour exchange.
2. Upon the decision of the Ignalina NPP administration and agreement of the said decision with the founder, the spouses and children (adopted children) under 24 years of the employees being dismissed or dismissed from work, who are studying at higher educational establishments seeking to acquire professions necessary for safe operation of the INNP and for carrying out the Ignalina NPP decommissioning works shall be granted and paid an allowance. The list of such professions, upon agreement thereof with the founder, shall be approved by the Ignalina NPP administration.
Article 6. Specific Character of Labour Relations
Upon approval of technical Ignalina NPP decommissioning plans, the Ignalina NPP administration shall annually inform the Ignalina NPP employees, announcing the list of employee positions and professions that may be made redundant within the next 12 months. The employee who is being dismissed from work shall be given a written 10-month advance notice of his intended dismissal from work.
Article 7. Insurance of the Employees
1. The Government or institutions authorised by it shall insure the Ignalina NPP employees responsible for nuclear safety, whose qualification and work is of special importance for ensuring safe and uninterrupted operation of the Ignalina NPP, by endowment life insurance for a period of at least 5 years, the base sum insured amounting to the employees' 12-24 average monthly wages.
2. The list of employees insured by endowment life insurance shall be approved by the Ignalina NPP administration upon agreement thereof with the founder.
3. The insurance payment shall be paid to the employee. An employee, who terminates employment contract with the Ignalina NPP upon his notice according to the Labour Code, Article 127, paragraph 1, prior to the expiry of the time period provided for in the insurance contract or is dismissed from work for reasons specified in the Labour Code, Article 136, paragraph 1, subparagraphs 1, 2, 3 and paragraph 3, shall forfeit his right to insurance payment.
Article 8. Granting Supplementary Severance Pay
1. Employees who are dismissed from work shall be granted severance pay under the Labour Code, Article 140, and supplementary severance pay according to the procedure established by the Government or the institution authorised by it, taking into account the length of uninterrupted service of the employee concerned at the Ignalina NPP:
Article 9. Granting and Payment of Preretirement Unemployment Allowance
1. If the period of state social pension insurance of employees who have been dismissed from work is not less than 25 years and their length of uninterrupted service at the Ignalina NPP is at least 10 years, the Government or the institution authorised by it shall grant them according to the established procedure preretirement unemployment allowance payable until they reach retirement age, provided that the period from the day of their dismissal from work until retirement age is not more than 5 years.
2. Preretirement unemployment allowance shall be paid once per month. Its amount shall be calculated by adding up the constant sum amounting to 100% of state-supported income and the variable sum amounting to 20% of the person's average monthly wage. The amount of the preretirement unemployment allowance during a calendar month shall not account for over 70% of the insured income of the current year, valid for that month for which the allowance is paid.
3. Provisions of the Law on Health Insurance, Article 6, paragraph 4, subparagraph 2, shall be applicable to the persons referred to in paragraph 1 of this Article.
Article 10. Conditions of Employment in Compensatory Jobs
The dismissed employees who have been employed in compensatory jobs under individual plans or otherwise shall not be entitled to additional social guarantees under this Law, Articles 8 and 9.
Article 11. Relocation Allowance
The dismissed employees who within a 3-year period from their dismissal from work at the Ignalina NPP decide to move for permanent residence to another locality in the Republic of Lithuania or abroad shall be reimbursed their actual relocation expenses according to the procedure established by the Government or the institution authorised by it, however, the reimbursed sum shall be not in excess of 3 MMW per family member.
Article 12. Financing of Employment and Social Guarantees
1. The employment and social guarantees laid down in this Law, Article 4, Article 5, paragraph 2, subparagraphs 7, 8, 9, 11 shall be financed with the resources of the Ignalina NPP Decommissioning Fund, international assistance resources and other funds from sources.
2. The employment and social guarantees set forth in this Law, Article 5, paragraph 1, shall be financed with the resources of the Employment Fund.
Article 13. Implementation of the Law
The Government or the institution authorised by it shall establish: