Unlawful dismissal, unpaid wages, incorrectly calculated overtime, unilaterally changed working conditions or psychological violence at work can lead to significant legal and financial consequences. In employment disputes it is important to act in time, because relatively short time limits apply to applications to the Labour Disputes Commission.
Employment law governs the rights and obligations of employees and employers from the conclusion of the employment contract until the end of the employment relationship. In practice, the outcome of a dispute is often determined not only by the applicable legal rules, but also by properly prepared documents, correspondence, working time records, payment data and procedural steps taken on time.
The law firm "Ernestas Bušmovičius ir partneriai" advises employees and employers, prepares employment law documents, helps to resolve disputes through negotiation and provides representation before the Labour Disputes Commission and in court.
A clearly drafted employment contract helps to avoid disputes about the employee's functions, place of work, wages, working time and other conditions. Before signing or amending an employment contract it is important to assess not only its individual provisions but also their practical consequences.
We draft and review:
For employers we help to prepare a consistent system of documents, and for employees we assess whether the proposed working conditions, their amendments and any additional agreements do not infringe their legitimate interests.
An employment contract may be terminated only on a ground laid down in the Labour Code or another law, and in compliance with the procedure applicable to that particular ground. Disputes most often arise over the reason for dismissal, the notice period, the vacancies offered to the employee, the breach of work duties, the severance pay or the final settlement.
We advise and represent clients in matters relating to:
An employee's decision to terminate the employment contract at their own initiative must be free. If the employee was forced or pressured into writing a resignation request, the specific circumstances and the evidence confirming them must be assessed.
For the employer it is important to choose the correct ground for dismissal, to follow the prescribed procedure and to hold documents substantiating the decision. Procedural breaches may become grounds for declaring the dismissal unlawful.
Wage disputes are one of the most common categories of employment disputes. They may arise not only from unpaid salary, but also from incorrectly calculated bonuses, overtime, work on rest days or public holidays, holiday pay, daily allowances and other payments related to the employment relationship.
We provide legal assistance relating to:
It is important for the employee to keep the employment contract, payslips, bank account statements, work schedules, working time records and correspondence with the employer. The employer has a duty to organise the recording of wages and working time properly.
Disputes over working time often arise where the actual working time does not correspond to the schedules or the working time records. In such cases it is necessary to establish how much time the employee actually worked and how that time should have been paid.
We advise on:
We assess the employment contract, schedules, working time record sheets, electronic data and other documents capable of confirming the actual working time.
Individual employment disputes concerning rights are generally heard first by the Labour Disputes Commission. Either the employee or the employer may apply to it if they consider that the other party to the employment relationship has infringed their rights.
An application to the Labour Disputes Commission must generally be made within three months from the day the person learned or should have learned of the infringement of their rights. In cases of unlawful suspension, unlawful dismissal and breach of a collective agreement, a one-month time limit applies.
The Labour Disputes Commission may hear claims concerning:
Hearing a dispute before the Labour Disputes Commission is free of charge. The Commission's decision is binding on the parties and may be enforced under the procedure laid down in the Code of Civil Procedure.
An employee or employer who disagrees with the decision of the Labour Disputes Commission may bring an action in court within one month from the day it was adopted. The court hears the employment dispute on the merits.
We prepare applications and responses to the Labour Disputes Commission, formulate the claims, collect and assess the evidence, provide representation at Commission hearings and prepare procedural documents for the court.
The word "mobbing", used in everyday speech, usually describes systematic hostile, humiliating or intimidating behaviour in the working environment. In legal terms, the specific circumstances may be assessed as psychological violence, harassment, discrimination or another infringement of the employee's rights.
Legal assistance may be needed in relation to:
In such disputes specific evidence matters: e-mails, messages, documents, complaints to the employer, witness testimony and other lawfully obtained data. General statements alone are usually not enough, so it is advisable to record the relevant circumstances from the very start of the infringement.
For employers we help to prepare violence and harassment prevention documents, to assess employee complaints and to carry out an internal investigation properly.
Pecuniary damage in employment relations may be caused either to the employee or to the employer. In each case it is necessary to establish the unlawful actions, the amount of the damage, the causal link and other circumstances relevant to the application of liability.
We provide representation in disputes concerning:
The extent of an employee's liability depends on the form of fault, the nature of the breach of work duties and other circumstances laid down in the Labour Code. An employee's duty to compensate the entire amount of damage claimed by the employer therefore cannot be presumed merely because the loss occurred during working hours.
Non-competition and confidentiality agreements must clearly define the employee's obligations, the scope of the restrictions, their duration and the liability of the parties.
We advise on:
Before signing such an agreement it is important to assess whether the restrictions imposed are justified, clear and in line with the requirements of the Labour Code.
An employment law attorney helps not only once a dispute has arisen, but also in seeking to avoid one. Assessing the employment contract, a planned dismissal or an employee's claim in good time can reduce the risk of legal mistakes and additional costs.
We provide the following services:
Before we begin providing services we assess the documents, the applicable time limits, the available evidence, the possible solutions and the expected scope of work.
The law firm "Ernestas Bušmovičius ir partneriai" has been operating since 2005. We represent employees and employers dealing with employment law matters arising in Lithuania.
Our working principles:
An application to the Labour Disputes Commission concerning a potentially unlawful dismissal must generally be made within one month from the day the employee learned or should have learned of the infringement of their rights.
A claim for unpaid wages is usually submitted to the Labour Disputes Commission. A three-month time limit normally applies, running from the day the employee learned or should have learned of the infringement.
No. An employee or employer may take part on their own. However, legal assistance can be useful in formulating the claims correctly, calculating the amounts sought, assessing the evidence and preparing objections.
Usually the employment contract and its amendments, the employer's orders or decisions, payslips, payment documents, work schedules, working time records, correspondence and a brief chronology of events are required. The list of documents is refined according to the particular situation.
No. Termination of an employment contract by agreement of the parties is possible only if both parties agree freely. The employee has the right to refuse the proposal or to negotiate other terms of termination.
A party to an employment dispute who disagrees with the Commission's decision may apply to court within one month from the day it was adopted, and the dispute is then heard anew.
The price depends on the complexity of the matter, the volume of documents, the number of claims and the duration of the representation. The scope of work and the payment terms are agreed after assessing the particular situation.
If you are facing dismissal, unpaid wages, a change of working conditions, mobbing or another employment dispute, contact the law firm "Ernestas Bušmovičius ir partneriai".
Briefly describe your situation, indicate the most important dates and the documents you have. Once we have reviewed the information provided, we will be able to assess the applicable time limits and the possible further steps.
Employment relations and the hearing of employment disputes are governed by the Labour Code of the Republic of Lithuania.
Official information on applications, time limits and the hearing of disputes is published by the State Labour Inspectorate.
Legislation and the practice of its application may change, so each particular situation must be assessed in the light of the legal regulation in force at the time of the enquiry.
This page provides general information. It should not be regarded as individual legal advice.