06. Act on social guarantees for the employees of decommissioned Ignalina NPP
ACT of REPUBLIC OF LITHUANIA of 29 April 2000. № IX-1541, Vilnius
ON ADDITIONAL EMPLOYMENT GUARANTEES AND SOCIAL GUARANTEES FOR THE EMPLOYEES OF THE PUBLIC COMPANY IGNALINA NUCLEAR POWER PLANT
CHAPTER ONE GENERAL CLAUSES
Article 1. Mission of the Act
- The current Act establishes additional employment guarantees and social guarantees for the workers of the public company - Ignalina Nuclear Power Plant (further on - Ignalina NPP), which are discharged or to be discharged from the company due to the decommissioning of the 1st and 2nd power units, also to the members of their families.
Hereby an intention is expressed to mitigate adverse social consequences in order to maintain safe and continuous operation of Ignalina NPP until its decommissioning.
2. Persons employed for decommissioning activities at Ignalina NPP and persons working at Ignalina NPP after the expiry of the 2nd unit operation license are not entitled to get additional guarantees of employment and social guarantees established by the current Act.
Article 2. Main definitions of the Act
- Employees to be dismissed - workers of Ignalina NPP, which have received a notification about the work contract cancellation on the reasons stated in Article 129 of the Labor Code due to the decommissioning of Ignalina NPP power units 1 and 2, excluding workers employed for Ignalina NPP decommissioning.
2. Family members of the dismissed or to be dismissed employee - husband (wife) of the dismissed or to be dismissed employee, children (adopted children) below 18 years and older not working and not married trainees and full-time students until the age of 24, also parents (adopting parents) of the employee or his spouse living together with the employee.
3. Dismissed employees - workers of Ignalina NPP, with which the work contract has been annulled on the reasons stated in Article 129 of the Labor Code due to the decommissioning of Ignalina NPP power units 1 and 2.
4. Ignalina NPP decommissioning - implementation of legal, organizational and technical measures aimed at safe decontamination and dismantling of Ignalina NPP, disposal of radioactive substances, waste, components and residues.
5. Completion of Ignalina NPP units 1 and 2 operation - process, which starts from the enactment of the governmental decision about the date of power unit 1 shutdown, and ends on the expiry date of power unit 2 operation license issued by the Governmental inspection on the nuclear industry safety.
6. Compensated work places - work places, primarily in the region of Ignalina NPP, for employing the dismissed workers, which correspond to their education and qualifications.
7. Additional guarantees of employment and social guarantees - guarantees of employment and social guarantees established by the current Act, which are not established by the legislative and legal acts regulating employment, work relations and social guarantees.
CHAPTER TWO EMPLOYMENT GUARANTEES
Article 3. Encouragement of employment for discharged or to be discharged workers
In order to guarantee employment of dismissed and to be dismissed employees and members of their families the governmental measures and target programs of employment, Ignalina NPP region development, human resource management and entrepreneurship promotion are implemented.
Article 4. Employment support for discharged or to be discharged workers
- A discharged or to be discharged worker gets an individual plan, which foresees measures for his employment and social guarantees.
2. The dismissed workers registered at the local labor exchange get the guarantees for the unemployed mentioned in points 2-7, part 2, Article 7 of Act on the support of unemployed persons, which get additional support at the labor market.
3. Professional training of discharged or to be discharged workers outside working hours and lasting up to 10 months is performed following the procedure established by the Act on the support of the unemployed.
Professional training lasting longer is provided on the decision of the local labor exchange.
4. If the retraining or additional training of dismissed workers to be employed in decommissioning activities of Ignalina NPP is arranged in educational institutions during working hours, the employees get a training leave. During it they get average salary and reimbursement of expenses of trips to the place of studies. Workers get retraining or increase the level of expertise for performing Ignalina NPP decommissioning work in accordance with individual plans.
5. Employers, which provide the compensating jobs, to be taken by the dismissed workers in accordance with their individual plans, get a compensation equal to 24 minimum salaries (MS) for each work place:
12 MS are transferred after the work contract conclusion;
after 12 months since the date of work contract conclusion 1 MS is transferred monthly during the period of a new employment of dismissed workers.
6. Discharged or to be discharged workers are provided with an opportunity to study Lithuanian at the 12 month courses in accordance with their individual plans.
Article 5. Employment guarantees for the not working family members
- The unemployed members of the family of discharged or to be discharged workers, which are registered at the local labor exchange, have the guarantees of supported unemployed persons, which are explained in points 2-7, part 2, Article 7 of the Act on support to the unemployed people. The unemployed members of the family of discharged or to be discharged workers, which are registered at the local labor exchange, not having the regulated social insurance record for getting the unemployment relief (dole), are entitled to the dole, which is paid in accordance with point 1, part 1, Article 16 of the Act on the support for unemployed people.
2. Spouses of discharged or to be discharged workers, as well as children (adopted children) under 24 years, which study in higher educational institutions to get the profession related to safe operation and decommissioning of Ignalina NPP get the grant on the decision of Ignalina NPP Administration after getting approval from the found. The list of such professions is established by the Administration of Ignalina NPP after its approval by the founder.
CHAPTER THREE SOCIAL GUARANTEES
Article 6. peculiarities of work relations
After enacting technical plans of Ignalina NPP decommissioning the Plant Administration informs its employees about professions and jobs, which can be cut in the coming 12-month period by publishing the list of jobs to be cut. The worker to be dismissed gets a written notification about it 10 months in advance.
Article 7. Insurance of employees
- Workers of Ignalina NPP responsible for nuclear safety, the qualification and work of which is of special importance for safety and continuity of Ignalina NPP operation are to be insured for a period not les than 5 years following the procedure established by the Government or by a body empowered by it. The sum of accumulative life insurance ranges from 12 to 24 average salaries of these workers.
2. The list of positions entitled to accumulative life insurance is established by the Ignalina NPP Administration after the founder approval.
3. The insurance premium is paid to the worker. The worker, which terminated the contract with Ignalina NPP of his own accord before the end of contract term in accordance with part 1 of Article 127 of the Labor Code, or which was discharged for reasons regulated by points 1, 2, 3, part 1 and 3 of Article 136 of the Labor Code is not entitled to the insurance premium.
Article 8. Additional discharge relief
- Discharged workers get the discharge relief set by Article 140 of the Labor Code and additional discharge relief in the order established by the Government or a body authorized by it taking into account the uninterrupted period of employment at Ignalina NPP:
- employment of 5 - 10 years - the average salary for 3 months;
- employment of 10 - 15 years - the average salary for 4 months;
- employment of more than 15 - 20 years - the average salary for 5 months;
- employment of more than 20 years - the average salary for 6 months.
- If the discharged worker got the additional relief payment and was reemployed by Iganlina NPP, the additional relief is not paid after next dismissal.
Article 9. Granting of pre-pension payment of the unemployed person
- Dismissed employees having the mandatory social pension insurance record of not less than 25 years and uninterrupted work record at Ignalina NPP of not less than 10 years, get the pre-pension payment of the unemployed person, if the period of time between the day of dismissal and the old-age pension date is les than 5 years.
2. The pre-pension payment of the unemployed person is paid on a monthly basis.
Its amount is calculated by adding the constant component, which is 100% of income supported by the state and a variable part, which is 20% from the average monthly salary of the person. The monthly pre-pension payment of the unemployed cannot be more than 70% of insurable income of the current year, which are assigned for the month of payment .
3. Persons mentioned in point 1 of this section are entitled to the benefits of point 2, part 4 Article 6 of the Act on health insurance.
4. The pre-pension payment of the unemployed is terminated, if the person gets a job, gets unemployment relief (dole) or emigrates abroad.
Article 10. Employment conditions at the compensating work places
Dismissed employees, which got jobs in accordance with individual plans or found jobs at compensating work places, are not entitled to get additional; social guarantees foreseen by Articles 8 and 9 of the current Act.
Article 11. Payment for resettlement
Dismissed employees, which take a decision on moving to another location in Lithuania or abroad within 3 years since the discharge from Ignalina NPP, get a reimbursement for actual resettlement expenditures, but not more than 3 AS per each family member, in accordance with the procedure determined by the Government or a body authorized by it.
CHAPTER FOUR FUNDING OF EMPLOYMENT GUARANTEES AND SOCIAL GUARANTEE
Article 12. Funding of employment guarantees and social guarantees
- Employment guarantees and social guarantees determined in Article 4, part 2 of Article 5, Articles 7, 8, 9, 11 are funded by the means from the Ignalina NPP Decommissioning Fund, by the international support funds and other sources.
2. Employment guarantees and social guarantees determined in part 1 of Article 5 of the current Act are financed from the Employment Fund.
3. Employment programs and social programs mentioned in Article 3 of the current Act, as well as relevant projects, are funded from the state budget of Republic of Lithuania and local budgets, funds of European Union, international organizations and other sources.
CHAPTER FIVE FINAL CLAUSES
Article 13. Implementation of the Act
The Government or a body authorized by it establish the following:
- procedure for formulating individual plans;
- procedure for getting premium of accumulative life insurance;
- procedure for paying additional dismissal relief payment;
- procedure for paying pre-pension unemployed payment;
- procedure for reimbursing resettlement expenses .
Hereby publishing the current Act passed by the Seym of republic of Lithuania.
PRESIDENT OF THE REPUBLIC ROLANDAS PAKSAS