Colleagues on Vacation, You Work for Two: When Are You Entitled to Higher Pay?

Jovita Valatkaitė, an associated partner at the law firm COBALT and head of its Labor Law practice, is clarifying a common misconception: that additional pay is only due for overtime. She emphasizes that extra compensation can be warranted even when an employee's workday does not lengthen, as "additional work" is not always measured solely by hours.

“

Many employees and employers understand that overtime must be paid, but not everyone understands that additional compensation may be due even when the workday does not lengthen. Indeed, additional work is not always measured in hours.

Valatkaitė explains that Lithuanian labor law considers not only the time spent working but also the nature and scope of the tasks performed. Covering for a colleague often entails increased stress, a faster pace, and the need to understand specific project details or interact with unfamiliar clients and suppliers. Therefore, she notes, substituting for a colleague can sometimes justify higher remuneration.

“

Labor law considers not only how much time an employee works, but also what and to what extent they work. Especially since covering for a colleague often means greater tension and pace, the need to delve into project specifics, and communicate with unfamiliar clients or suppliers.

The definition of additional work under the Labor Code involves performing functions not previously agreed upon in the employment contract. This can happen during time off from the primary job or alongside regular duties within standard working hours. Valatkaitė stresses that simply finishing work at the usual time does not preclude the existence of additional work.

“

Additional work is defined by the Labor Code as the performance of functions not previously agreed upon in the employment contract.

When assessing eligibility for additional pay, Valatkaitė advises evaluating three circumstances: whether the tasks taken on are essentially different from the employee's usual duties, if the official job description accurately reflects the work being done, and if the workload has significantly increased due to covering for someone else. If an employee temporarily assumes fundamentally different responsibilities, it typically constitutes additional work, requiring agreement on both the tasks and the compensation.

“

If an employee has to perform functions for which the parties had not previously agreed in the employment contract, we are usually talking about additional work. In such a case, not only the functions themselves but also the additional remuneration should be agreed upon.