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The company found itself in an unusual situation earlier this year when it tried to enlist a new employee at Sodra.
The employee is a Belarusian citizen who already worked in Lithuania on a work visa a few years ago. Subsequently, he went to work in another country, and at the end of last year he received a new visa to work in Lithuania. It is valid until 2021. November.
However, the first time he worked in our country, he left a mark that the man did not suspect until now. While working in Lithuania, he applied to the Migration Department for a temporary residence permit (LLG) in Lithuania. If this request is satisfied, the personal code of the Lithuanian sample is also formed. Data on the provided personal identification code and the issued document are stored in the population register of the Republic of Lithuania.
However, after the termination of employment, said Belarussian left Lithuania prematurely and did not withdraw his prepared residence permit, thus he did not discover his new personal identification code.
Photo by Sigismund Gedvila / 15min / Sodra
“Before hiring an employee, sometimes a contract is signed with him three months ago. First he writes a job application, I write a power of attorney that I will hire and he will get a visa. Take the employment contract to the Lithuanian consulate in Belarus, where he approves the contract and gives him a visa. Then he comes here and only then we register him in Sodra. We couldn’t know that he has a Lithuanian personal identification code, “complained the manager.
Without knowing the code, this employee cannot log into the Sodra system. And a Belarusian cannot go to the Migration Department at this time because he is in self-isolation.
Sodra representatives 15 minutes He commented that a Social Security (SD) number, which must be provided in the electronic system at the time of completing the 1-SD notification, would be sufficient for the employment of a foreigner. In this case, however, this is not enough.
“If the employee has not been issued a passport of the Republic of Lithuania and the person does not have a personal social security number (or forgot it, I do not know, etc.), employers must provide a digital copy of the document of identity of the foreigner signed (certified) with qualified electronic signature.
Sodra, having received a copy of the identity document of the foreigner to whom an SD number is requested through the EDAS, checks if the foreigner has not been assigned an SD number (the search is carried out according to the name and date of birth indicated in the identity document of the foreign citizen).
If the person has already been assigned an SD number, Sodra informs the employer of the person’s SD number. If the SD number is not provided, the person will be assigned an SD number in accordance with the established procedure and the employer will be informed, “the response sent to the editorial board reads.
Photo by Alvydas Januševičius / 15min photos / Tractors
However, in the case described, both the employer and Sodra know the Belarusian SD, but the system with the correct SD does not allow to send the complete electronic form; The already mentioned Belarusian Lithuanian personal code is missing, although foreigners without such a code register without any problem.
Access to the code is restricted by law.
The director of the company, who contacted the editorial office, says that he hoped to solve this problem in a simple way: I think that the missing information could be filled in by Sodra’s own representatives, who already have the remaining personal data in your database, including the Lithuanian personal identification code.
It is really not difficult for Sodra to employ a person who has already worked in Lithuania and he can actually enter his personal identification code in the form, because he knows the Sodra insurance number, the work visa number, he has a copy of his passport, “the employer contacted the editorial office.
Another option, according to the man, would be to send the personal code to the company after this institution has verified the remaining personal data. He mentioned that the company regularly receives various information via email about other drivers it already employs, including their personal identification numbers.
“Now Sodra employees are motivated by the fact that the data protection law does not allow them to do so, because they believe that the accountant’s email can be read by someone else. But they themselves send data with the names, surnames and personal identification codes of our other employees ”, the interlocutor was outraged.
However, the provision of personal information to the authorities is not allowed according to the data protection laws in force. Sodra representatives 15 minutes Confirmed, that confidential information cannot be disclosed to third parties, so the code should be directed to other institutions.
Photo by Irmantas Gelūnas / 15min photo / Row of tugboats on the border
Sodra does not provide a person’s personal identification code to third parties in any way, as this would violate personal data protection requirements. Also, for example, providing an employer with the personal identification code of a person who does not work for him, as in this case, you risk false employment. The employer should find out the personal identification code only of the person they are employing, “said Saulius Jarmalis, the head of Sodra’s communication department.
The driver does not spend time in vain
The interlocutor who contacted the newsroom said that the search for the code continued in the Migration Department. He had difficulties in a similar situation before; According to the manager, in the summer, after passing the quarantine restrictions, even when he physically arrived at this department together with another new employee, he was unable to obtain his personal identification code. He said that he is faced with the situation where an employee from abroad does not know that he will have a Lithuanian-style personal identification code for the third or fourth time.
Sigismund Gedvila / 15min photo / Department of Migration
In this case, both the Belarussian and the manager have difficulty physically going to the Migration Department. Belarus is already transporting cargo in Europe; the employer hoped the matter would be resolved quickly, so it was allowed to operate. When you return to the country, you must spend time in self-isolation.
“As a driver, you have strict self-isolation requirements – now you just come to work, get in your car and go to Europe to work.” When he returns, he cannot walk anywhere. He can come to the Migration Department only after receiving permission from the authorities to leave the place of isolation, but as a driver, he will not be able to do so, ”said the interlocutor.
For the employment of a foreigner, a social security number (SD), which must be provided in the electronic system, would in principle be sufficient
The employer motivates his decision by the fact that he has all the official permits to hire him: a work visa has been issued before, he also has a permit from the Lithuanian Transport Security Administration for this driver to work in the company he manages . “If he couldn’t work here, he couldn’t legally obtain that document. But it can be easily ordered online, and Sodra can’t hire an employee,” the indignant interviewee said.
Another solution that is offered to your company is to request it in the Registration Center, but the employer says that a person will not arrive without registering and the employee will not have to connect to the Electronic Government Gateway because he does not use Lithuanian banks. banking is one of the ways to connect with services.
According to the company representative, one of the solutions offered by the Migration Department to obtain the available personal identification code is to submit a request to join the LLG queue. After issuing it, it will be possible to obtain the personal identification code of the Lithuanian model, which was once given to this employee. However, this procedure can be time consuming and the employee needs the company as soon as possible.
Photo by Sigismund Gedvila / 15min / Records Center
Representatives of the Department of Migration 15 minutes They also reiterated that they had no legal basis to issue a personal code to third parties, but suggested another way for the employer to obtain the employee’s personal code by presenting the employee’s written consent to the provision of data.
“The personal identification code is a very important unique identifier of each person, which provides more information than just the date of birth, therefore, the personal identification code cannot be disclosed to third parties without the authorized consent of the person to who has been assigned the personal identification code, “wrote the Administrative Director. Loreta Tumalavičienė.
Such consent, according to the representatives of the department, the person can be written freely. To find out the personal identification number that was given to your employee, the employer must submit a request in writing accompanied by your employee’s consent for the disclosure of personal data to the employer.
The person himself can also write a request for information about the personal identification number assigned to him. As personal identification numbers in Lithuania are provided by the Registration Center, the employer or its employee should contact the Registration Center to obtain information on the personal identification number assigned to the employee.
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