Best Hiring & Firing Lawyers in Kaunas

About Hiring & Firing Law in Kaunas, Republic of Lithuania

Hiring and firing in Kaunas, as throughout the Republic of Lithuania, are governed by a robust legal framework designed to balance the interests of employers and employees. The Lithuanian Labour Code forms the backbone of employment relations, setting out rules for employment contracts, termination, workplace rights, and dispute resolution. In Kaunas, which is the second-largest city in Lithuania and an economic hub, these laws are especially relevant due to the significant volume of business activity and the presence of both local companies and international corporations.

Why You May Need a Lawyer

Hiring and firing employees involve complex legal requirements that, if misunderstood or overlooked, can lead to significant risks for both employers and employees. Common situations in which legal help may be necessary include:

• Reviewing or drafting employment contracts to ensure compliance with Lithuanian law
• Terminating employment relationships and navigating legal reasons for dismissal
• Addressing workplace discrimination, harassment, or wrongful dismissal claims
• Handling collective redundancies or layoffs
• Negotiating severance packages or settlement agreements
• Defending or initiating employment-related disputes in the courts or with labor authorities
• Advising on foreign employee work permits and related immigration matters

Local Laws Overview

The main legal framework for hiring and firing in Kaunas is the Lithuanian Labour Code, which regulates:

• Types of Employment Contracts: Fixed-term, indefinite-term, part-time, and probationary contracts.
• Recruitment and Onboarding: Equal opportunity provisions, probation period policies, and required registration with State Social Insurance (Sodra).
• Grounds for Termination: Dismissals must be based on valid reasons such as redundancy, poor performance, loss of trust, or misconduct. Dismissals without cause can lead to significant penalties.
• Notice Periods: Both employer and employee are bound to minimum notice periods, which vary depending on length of service and circumstances of termination.
• Severance Payments: Employees are often entitled to statutory severance pay based on service period.
• Protection Against Unfair Dismissal: Special protections for pregnant women, employees on parental leave, and union representatives.
• Dispute Resolution: Employment disputes may be resolved by the Labor Disputes Commission or courts.

Frequently Asked Questions

What are the main types of employment contracts in Lithuania?

The primary types include indefinite-term contracts, fixed-term contracts, part-time work, and contracts for probationary periods. Most standard employment is based on indefinite-term contracts.

Is a written employment contract mandatory?

Yes, Lithuanian law requires all employment contracts to be concluded in writing before an employee begins work.

How is the probation period regulated?

Probation can last up to three months unless a shorter term is agreed. During this time, either party can terminate the contract with a three-day notice.

What notice period is required to dismiss an employee?

The standard notice period is one month but may vary based on length of service or special circumstances. Shorter notice is allowed for probationary or gross misconduct cases.

What are valid grounds for dismissal?

Valid grounds include redundancy, poor performance, loss of trust, gross misconduct, or other justifiable reasons as specified in the Labour Code.

Is severance pay mandatory upon termination?

Yes, most employees are entitled to severance pay, typically from one to two months’ salary depending on length of service, unless they are dismissed for misconduct.

Are there special protections against dismissal?

Certain groups such as pregnant women, people on parental leave, and some trade union members have enhanced protection and cannot be dismissed except in exceptional circumstances.

What should an employer do if they must make collective redundancies?

Employers must notify and consult with the relevant labor authorities and employee representatives, following strict procedures to ensure compliance.

Can an employee challenge their dismissal?

Yes, employees can challenge dismissals they believe are unfair with the State Labour Inspectorate or the Labor Disputes Commission, and potentially in court.

How are disputes between employer and employee resolved?

Most disputes are initially handled by the Labor Disputes Commission. If unresolved, cases may proceed to the courts of the Republic of Lithuania.

Additional Resources

If you need further information or support, the following resources can be helpful:

• State Labour Inspectorate (Valstybinė darbo inspekcija): Supervises compliance with employment laws and offers guidance to both employers and employees.
• Sodra (State Social Insurance Fund Board): Handles social insurance registrations and payments for all employees.
• Labor Disputes Commission (Darbo ginčų komisija): Primary body for resolving employment disputes out of court.
• Kaunas City Municipality: Local government office can provide access to local employment programs and legal clinics.
• Legal Aid Service (Valstybės garantuojamos teisinės pagalbos tarnyba): Offers state-guaranteed legal aid for eligible individuals.
• Lithuanian Bar Association: For referrals to local law firms and certified employment lawyers.

Next Steps

If you are facing a hiring or firing issue in Kaunas, Republic of Lithuania, consider the following steps:

• Collect all relevant documents, such as employment contracts, correspondence, and any written notices.
• Clarify your status and rights in accordance with the Lithuanian Labour Code.
• Reach out to the State Labour Inspectorate or relevant local authority for an initial assessment.
• For complicated cases, contact a qualified employment lawyer in Kaunas for tailored legal advice and representation.
• If you require state-funded support, apply for legal aid through the Legal Aid Service.
• In the event of a dispute, be prepared to present your case before the Labor Disputes Commission before escalating matters to court.

Always seek timely legal information to protect your interests and ensure you remain in compliance with Lithuanian employment law.