How can an employer determine whether a specific employee is obliged to speak the official language?

     The Law on the State Language stipulates an obligation for certain groups of people to use the state language, both orally and in writing, at work, whilst Resolution No. 1688 of the Government of the Republic of Lithuania of 24 December 2003 ‘On the Establishment of State Language Proficiency Categories and the Approval of the Procedure for their Application’ sets out this obligation in detail, specifying language proficiency levels and providing illustrative lists of professions.

     Questions often arise as to when a particular person is required to be proficient in the Lithuanian language. Two aspects must be assessed: a) the provisions of legislation, b) the needs of the organisation.

     1. Legislation imperatively requires that services to the customers / patients be provided in the official language. When inspecting companies and organisations, the Language Inspectorate takes into account the Lithuanian Classification of Occupations, which describes the work performed by an individual and provides information on the basis of which that person is assigned to a specific occupational group. The application of the Classification is linked, inter alia, to the international recruitment of staff and to short-term and long-term labour migration. When determining whether a person in a particular profession is required to be proficient in the official language, the Language Inspectorate relies on the descriptions in the Classification and, on that basis, requires proficiency in the language.

     Employers may also provide additional explanations regarding the specific nature of a particular position. The Language Inspectorate assesses these on a case-by-case basis.

    2. An employer may, in addition, set reasonable language proficiency requirements for employees if this is necessary for the performance of their duties. For example, the Lithuanian language is not essential in the day-to-day work of a specialist at an energy company; however, suppose the job description states that they a) must conduct training for other staff, and b) must issue mandatory instructions during critical situations. Such obligations on the part of the employee suggest that they must be proficient in the official language.