Lithuanian businesses facing staff shortages are increasingly choosing to employ foreigners, but complex procedures and the nuances of the legislation pose challenges for even the most responsible employers. However, mistakes and misunderstandings can be avoided, and the key to this is to create a closer dialogue between public authorities and businesses. These were the thoughts expressed at a discussion on “Hiring citizens from third countries: how to avoid pitfalls?” held in Vilnius.

The event was organized by the Transparent Business Initiative “Baltoji banga” in cooperation with the “Investors’ Forum”, a business association of the largest and most active investors in the Lithuanian economy, and the law firm “Ellex Valiunas” and partners. Representatives of business and public authorities discussed how to adapt to the latest legal requirements and avoid the most common mistakes in employing non-EU citizens in Lithuania.

“It is crucial for businesses to recruit third-country nationals properly. It is neither pleasant nor beneficial for anyone to be on employers’ blackboards. We understand that sometimes this happens not out of bad will, but because of complicated or unclear bureaucratic procedures,” said Rūta Skyrienė, Executive Director of the “Investors’ Forum” and Chair of the “Baltoji Banga” Council.

R. Skyrienė stressed that it is important for the state and business to foster an open dialogue on the employment of third-country nationals. Moreover, the responsible authorities should properly inform and educate entrepreneurs, not only to react to the problems faced by businesses but also to find effective solutions. “Only by working together can we create a system that benefits both business and the state, ensuring fair working conditions and building trust, which in the long run will generate added value for both the economy and society,” added the Chair of the “Baltoji Banga”.

For her part, Evelina Gudzinskaitė, Director of the Migration Department, presented to the participants the latest changes in the legislation and the main recommendations on how to employ foreign nationals efficiently and transparently. “Employers often face challenges recruiting foreigners, especially due to changing requirements. I want to stress the importance of carefully following the established procedures, from a properly completed mediation letter to the timely renewal of residence permits”, said E. Gudzinskaitė.

From 1st of December and January, the innovations will put even more emphasis on the responsibility of employers: only nationals of the country where the external service provider operates will be able to apply for temporary residence permits in Lithuania (with some exceptions), and employers who commit to employing a foreigner will have to meet additional criteria, such as carrying out the activity they are inviting the foreigner to perform for a minimum of the past 6 months and ensuring that they do not have any valid administrative penalties related to breaches of the procedures for employing foreigners. The changes are aimed at creating a more transparent recruitment system.

“It is worrying that the number of complaints about possible illegal employment of foreigners has almost tripled this year, while the number of labor disputes initiated by foreigners has more than doubled,” said Dalius Čeponas, Deputy Chief Labour Inspector of the State Labour Inspectorate. “It seems that there is still a lack of a responsible approach to the recruitment process and compliance with working conditions.”

D. Čeponas noted that labor disputes are dominated by cases of employment of Ukrainian and Belarusian nationals, and one of the main topics is the discrepancy between the oral and written agreement between the employer and the employed person on working conditions or remuneration. It is therefore essential that recruits sign documents that go beyond the formalities. “Before signing an employment contract, the person recruited must read it. Therefore, the employment contract and other documents must be drafted in a language the foreigner understands.” – advised D. Čeponas.

“Properly drafted documents and transparent processes are not only a legal, but also a moral obligation for employers to ensure the stability of the labor market and the rights of foreigners,” emphasized Nerijus Patlabys, Associate at “Ellex Valiunas & Partners”. The lawyer advised businesses to be cautious and pointed out that, to speed up the recruitment process, potential employees could be sought among third-country nationals who are already present in Lithuania and who have a residence permit, but are not required to have a work permit. N. Patlabys also reminded that the procedures are certainly simplified when recruiting citizens of the European Union, G7 countries, countries whose citizens are subject to the visa-free regime, and citizens of countries that have acceded to the Hague Convention.