Best Hiring & Firing Lawyers in Marijampolė

About Hiring & Firing Law in Marijampolė, Republic of Lithuania

Hiring and firing in Marijampolė is governed by national law, primarily the Labour Code of the Republic of Lithuania and related legislation. The same rules apply across the country, but you will deal with local offices of state authorities in Marijampolė for inspections, mediation, and public services. Employers must comply with rules on fair recruitment, written employment contracts, working time, pay, safety and health, data protection, equal treatment, and lawful termination. Employees benefit from protections against unfair dismissal, discrimination, unpaid wages, unsafe work, and improper processing of personal data.

Why You May Need a Lawyer

You may need a lawyer if you are drafting or negotiating employment contracts, probation terms, bonuses, non-compete or confidentiality clauses, or if you are managing sensitive terminations such as redundancy, performance-related dismissal, or disciplinary firing. Legal support is especially helpful when there are allegations of discrimination or harassment, when collective consultation or mass layoff rules may apply, when employees are on protected leave, or when non-EU nationals are being hired. A lawyer can also guide you through Labour Disputes Commission proceedings, court appeals, whistleblower protections, internal policy design, workplace investigations, and audits by the State Labour Inspectorate.

Local Laws Overview

Employment relationship and contract. An employment relationship must be formalized in a written employment contract before work begins. The contract typically includes job title, workplace, start date, wage and payment schedule, working time, and probation if applicable. The Lithuanian language is mandatory for employment documentation, although bilingual versions are common. Fixed-term and part-time contracts are permitted, subject to Labour Code rules. Indefinite term is the default. Employees are entitled to a safe and healthy workplace, fair pay, and leave as defined in national law.

Recruitment and equal treatment. Job postings and recruitment must follow equal treatment and non-discrimination rules. Employers should advertise and interview using neutral criteria directly related to job requirements. Questions about family status, pregnancy, health, political or religious beliefs, or criminal record are restricted unless legally justified. Data collected during recruitment must be minimal, relevant, and processed under GDPR and Lithuanian data protection law.

Onboarding and records. Employers must register employees for social insurance with Sodra, maintain personnel files, and provide information on internal rules, safety instructions, and workplace policies. Certain roles require medical checks and specific training under occupational safety and health law.

Working time and pay. Standard working time is commonly 40 hours per week with daily and weekly rest guarantees. Overtime is limited and requires higher pay or time off in lieu according to law. Night work, work on rest days, and public holiday work attract statutory premiums. The minimum monthly wage and minimum hourly rate are set nationally and are updated periodically. Payroll must meet tax and social insurance obligations, and payslips must be provided.

Probation. Probation can be agreed in the contract, typically up to 3 months, with shorter limits for short fixed-term contracts. Either party may terminate during probation by giving short written notice, commonly 3 calendar days, and severance is generally not payable for probationary termination. Employers must still avoid discriminatory or retaliatory reasons.

Confidentiality and non-compete. Confidentiality clauses are standard and enforceable. Post-employment non-compete clauses are allowed only in limited circumstances, must be reasonable in scope and duration, and require monthly compensation to the former employee during the restriction period. Compensation is typically at least 40 percent of the employee’s average monthly remuneration for the duration of the restriction. Overly broad or unpaid restrictions are likely unenforceable.

Health and safety. Employers must assess risks, train employees, provide personal protective equipment where required, and investigate incidents. The State Labour Inspectorate may inspect workplaces in Marijampolė and impose corrective measures or fines for breaches.

Termination grounds. Lawful termination routes include mutual agreement, expiry of a fixed-term contract, termination at the employer’s initiative for reasons not related to employee fault such as redundancy or reorganization, termination for reasons related to employee fault through a disciplinary process, and employee resignation. Each route has its own notice, procedure, and payment rules. Mutual agreement is the most flexible but must be voluntary and documented in writing.

Notice and severance. For termination at the employer’s initiative for reasons not related to employee fault, standard notice is commonly 1 month if the employee has at least 1 year of service and 2 weeks if the service is under 1 year, with longer notice for certain protected or long-tenured employees. Statutory severance in such cases is commonly 2 average monthly salaries if the employee has at least 1 year of service and 0.5 average monthly salary if service is under 1 year. Additional long-service severance funded by the state may be available for employees with 5 or more years of service, increasing with tenure. Different rules apply for disciplinary dismissals and for managers or special categories. Always verify the current thresholds and amounts before acting.

Protected employees. Pregnant employees, employees on maternity, paternity, or parental leave, employees on certified sick leave, and certain representatives such as works council members are protected against dismissal except in narrow circumstances. Employers must tread carefully and often postpone actions until protected periods end, or obtain approvals if the law requires.

Collective rights and mass layoffs. Where a trade union or works council exists, consultation duties apply before certain decisions. A mass layoff triggers information and consultation obligations and notifications to the Employment Service and the State Labour Inspectorate. The numerical thresholds depend on the size of the workforce and the number of proposed dismissals within a set period.

Final settlement and documents. On the last day of employment, the employer must pay all sums due, including unused annual leave compensation, regular wages, and severance where applicable, and provide documents confirming employment and termination. Failure to settle on time can lead to penalties and default interest.

Dispute resolution. Most individual employment disputes must first go to the Labour Disputes Commission under the State Labour Inspectorate. Deadlines are short. For dismissal disputes the application deadline is usually 1 month from receipt of the termination documents, and for other claims commonly 3 months from when the party learned or should have learned about the violation. Commission decisions can be appealed to court within tight time limits.

Foreign workers. Hiring non-EU nationals often requires a work permit and residence permit coordinated with the Employment Service and the Migration Department. Employers must verify the right to work, keep copies of documents, and comply with posting and wage rules.

Frequently Asked Questions

Do national laws or local rules apply in Marijampolė

Employment matters are governed by national Lithuanian law. Procedures and services are delivered by local offices in Marijampolė such as the State Labour Inspectorate division and the Employment Service branch.

Must an employment contract be in writing

Yes, a written employment contract is mandatory and should be signed before work starts. The Lithuanian language must be used, although bilingual contracts are common.

What is a typical probation period and how can it be ended

Probation is usually up to 3 months. During probation, either party may terminate on short written notice, commonly 3 calendar days. Termination cannot be for discriminatory or retaliatory reasons.

How much notice is required for redundancy

For termination at the employer’s initiative for reasons not related to employee fault, the standard notice is commonly 1 month for employees with at least 1 year of service and 2 weeks for those with under 1 year, with longer periods for some protected categories. Always check if longer notice applies to the specific employee.

What severance is payable

In employer-initiated terminations without employee fault, statutory severance is commonly 2 average monthly salaries for at least 1 year of service and 0.5 average monthly salary for service under 1 year. Employees with long service may be entitled to an additional long-service severance funded by the state. Different rules apply for other termination grounds.

Can I dismiss someone for poor performance

Yes, but the employer must document performance issues, provide feedback or improvement opportunities where appropriate, and follow fair procedure. If the termination is for reasons not related to fault, use the proper notice and severance rules. If alleging fault, follow the disciplinary process and proof standards.

Are non-compete clauses enforceable after employment ends

They can be enforceable if they protect legitimate interests, are limited in duration and scope, and include monthly compensation to the former employee during the restriction. Overly broad or unpaid non-compete clauses are unlikely to be upheld.

What are my obligations when hiring foreign nationals

You must ensure the candidate has the legal right to work, and where required you must coordinate permits with the Employment Service and the Migration Department. Keep proper records and meet wage, tax, and social insurance obligations.

How do I challenge an unfair dismissal

Employees typically apply to the Labour Disputes Commission under the State Labour Inspectorate. The deadline for dismissal disputes is usually 1 month from receiving the termination documents. The Commission’s decision can be appealed to court within statutory time limits.

What happens if the employer does not pay on the termination date

The employee can claim default interest and penalties, and file a claim with the Labour Disputes Commission. The employer may face fines from the State Labour Inspectorate.

Additional Resources

State Labour Inspectorate VDI, including the Marijampolė division, for inspections, guidance, and the Labour Disputes Commission.

Employment Service of Lithuania, Marijampolė branch, for redundancy notifications, mass layoff procedures, and support to employees.

State Social Insurance Fund Board Sodra, Marijampolė client service, for registration, contributions, and long-service severance administration.

State Data Protection Inspectorate for guidance on recruitment data and employee privacy compliance.

Office of the Equal Opportunities Ombudsperson for discrimination and harassment complaints and guidance.

Trade unions and works councils operating in Marijampolė for collective rights, consultation, and support in workplace matters.

Migration Department and its client service channels for work and residence permits for foreign workers.

Next Steps

Assess your situation. Clarify whether your issue involves contract drafting, workplace policy, performance, redundancy, disciplinary matters, protected leave, or discrimination. Gather all relevant documents such as contracts, addenda, policies, performance reviews, warnings, payslips, and correspondence.

Check deadlines. If you plan to challenge a dismissal, note the short 1 month deadline for applying to the Labour Disputes Commission. For other employment claims, the general deadline is commonly 3 months from when you became aware of the violation.

Seek early legal advice. A lawyer can help evaluate lawful grounds, calculate notice and severance, design a compliant process, and reduce risk. For employees, counsel can assess the strength of claims and possible remedies such as reinstatement or compensation.

Engage with local institutions. Contact the State Labour Inspectorate in Marijampolė for guidance or to initiate a Labour Disputes Commission claim. Employers planning structural changes should consult the Employment Service and, where applicable, inform or consult with a works council or trade union.

Document every step. Keep records of meetings, warnings, consultations, and the delivery of notices. Use written communications and obtain acknowledgments of receipt. On termination, prepare a detailed final settlement calculation and provide all required documents.

Follow through and adjust. After resolution, update your contracts, policies, and training to prevent repeat issues. Review onboarding, performance management, and data protection practices for compliance and clarity.

This guide provides general information. Laws change and individual facts matter, so obtain tailored legal advice before making decisions in a hiring or firing situation in Marijampolė.