Unfair dismissal in Lithuania — also called unlawful or wrongful dismissal — is a dismissal made without a reason the Labour Code (Darbo kodeksas) accepts or without following its procedure; in Lithuanian, neteisėtas atleidimas iš darbo. Foreigners usually search for employment law in Lithuania or an employment lawyer, and the same page covers other employment disputes: unpaid wages, severance pay (išeitinė išmoka), contract terms and discipline. Most individual disputes start at the Labour Disputes Commission (Darbo ginčų komisija), which works within the State Labour Inspectorate. Some older lists and lawyer pages call this service “Employment Law: Dismissals & Disputes”.
Who it concerns
Foreign employees who have been dismissed or pressed to resign, people whose contract was ended during sick leave or at the end of a fixed term, employees not paid what was agreed, and employers, including foreign-owned companies, who want to end a contract correctly or have to answer a claim.
How a dispute goes in Lithuania
- The dismissal is examined: the ground the employer used (the employee's fault, reasons not connected with the employee, the employer's own will, the end of a fixed term), the notice, the documents and the payments.
- An application to the Labour Disputes Commission. The deadline for challenging a dismissal is short and runs from when the employee learned of it, so timing matters more than anything else.
- A hearing before the commission, which includes representatives of employers, employees and the inspectorate. It can find the dismissal unlawful and decide on reinstatement, pay for the time out of work or compensation.
- A party who disagrees with the decision can take the dispute to court.
Points to watch
- The Labour Code also allows an employer to end a contract at its own will, without any fault of the employee, but then with higher payments; such a dismissal is not unfair in itself.
- An agreement to leave can sometimes be challenged if it was signed under pressure, but that is harder than challenging a dismissal.
- For many non-EU workers the residence permit depends on the job. Losing it affects the right to stay, and the rules on changing employer have changed more than once — see work visa and EU Blue Card.
- The procedure runs in Lithuanian, and a contract signed only in English still applies.
What a lawyer does
The lawyer reviews the contract and the dismissal papers, works out what is owed, writes the application to the commission, represents the client at the hearing and in court, and negotiates a settlement where that is the better route. For employers, the lawyer prepares a dismissal that follows the procedure and answers claims. Related topics are grouped under employment law in Lithuania.
Questions and answers
Can an employee be dismissed during sick leave?
Sick leave gives extra protection against notice of dismissal, but it does not stop every ending of a contract, for example when a fixed term runs out. A lawyer checks which case applies.
Is the commission a step before court?
For most individual disputes, yes: the commission comes first, and a court is the next step for a party who disagrees.
What can be claimed if the dismissal was unlawful?
Depending on the case, reinstatement or compensation instead, pay for the time out of work and damages. The amounts follow the Labour Code and the employee's pay; they are not fixed in advance.
Can the case be handled in English?
The commission and the courts work in Lithuanian, but the lawyer can speak with the client in English and prepare everything in Lithuanian.