Best Hiring & Firing Lawyers in Telšiai

About Hiring & Firing Law in Telšiai, Republic of Lithuania

Hiring and firing practices in Telšiai, as in the rest of Lithuania, are primarily governed by the Labour Code of the Republic of Lithuania. These laws aim to protect both employers and employees throughout the employment lifecycle, from recruitment to termination. Hiring involves formalizing contracts, establishing employee rights, and ensuring workplace equality. Firing encompasses procedures for terminating employment relationships, safeguarding against unlawful dismissals, and ensuring proper severance and notice.

Why You May Need a Lawyer

Navigating hiring and firing laws can be complex for both employers and employees. You might need a lawyer if you face the following situations:

• Drafting or reviewing employment contracts to ensure compliance with Lithuanian regulations.
• Facing or contesting termination, especially if you suspect unfair dismissal.
• Handling disputes regarding notice periods, severance pay, or final settlements.
• Managing redundancies, company restructuring, or large-scale layoffs.
• Addressing discrimination, harassment, or retaliation in the workplace.
• Negotiating non-compete clauses or confidentiality agreements.
• Responding to claims or disputes with the State Labour Inspectorate.
• Representing your interests in labor court proceedings or mediation.

Local Laws Overview

The Labour Code of Lithuania sets the legal framework for employment relationships in Telšiai. Key aspects include:

• Employment contracts: Must be concluded in writing, detailing the nature of work, salary, working hours, and other essential terms.
• Probationary periods: Usually do not exceed three months unless specified otherwise for certain positions.
• Termination: Can be initiated by either party. Employers must provide a legal basis and follow strict notice and procedural requirements unless there is a severe breach.
• Notice periods: Vary depending on the reason for termination and employee's length of service, generally ranging from two weeks to three months.
• Severance pay: Obligatory in most termination cases except for severe misconduct by the employee.
• Protection against unfair dismissal: Dismissal for reasons such as discrimination, pregnancy, or union membership is strictly prohibited and subject to penalties.
• Collective dismissals: Additional procedures and notifications are required for mass layoffs, including informing local labor authorities and employee representatives.
• Workplace equality: Employers must ensure equal treatment and prevent workplace discrimination in accordance with national and EU regulations.

Frequently Asked Questions

What must be included in an employment contract in Telšiai?

All employment contracts must be in writing and specify the job role, salary, working conditions, working hours, location, and duration if it is a fixed-term position.

Can I be dismissed without warning?

Generally, you cannot be dismissed without reason or warning unless it is for serious misconduct. Otherwise, proper notice must be given according to the Labour Code.

What notice period am I entitled to?

Notice periods depend on your length of service and the grounds for dismissal but typically range from two weeks to three months.

What severance pay should I expect?

Severance pay is usually at least one month's average salary, increasing with longer periods of service or under specific circumstances set out by law.

Can I be fired during maternity or parental leave?

Dismissal during maternity or parental leave is generally prohibited unless the entire organization is being liquidated.

Is it legal for an employer to terminate someone for joining a union?

No. Dismissals based on union membership or activities are unlawful and can be contested before the labor court.

What should I do if I believe my dismissal was unfair?

You can challenge the dismissal through negotiation or by submitting a complaint to the State Labour Inspectorate or the labor court.

What rights do I have during the probation period?

Employees on probation have almost the same rights as regular employees except for a reduced notice period if dismissed during this time.

Who should I contact if facing discrimination at work?

You can contact the Equal Opportunities Ombudsperson or the State Labour Inspectorate to file a complaint about workplace discrimination.

Can fixed-term contracts be extended indefinitely?

No. Continuous renewal of fixed-term contracts without valid reasons is prohibited and may result in them being reclassified as permanent employment.

Additional Resources

If you need further information or wish to lodge a complaint, the following resources will be helpful:

• State Labour Inspectorate of the Republic of Lithuania (VDI): Handles employee complaints, workplace inspections, and enforces labor law compliance.
• Equal Opportunities Ombudsperson: Addresses workplace discrimination issues and provides guidance on equal employment opportunities.
• Labor Dispute Commissions: Mediate employment disputes before they proceed to court.
• Local Bar Associations: Can refer you to licensed labor law specialists in Telšiai.
• Telšiai District Municipality: Offers information on local employment policies and support services for both employers and employees.

Next Steps

If you are facing a hiring or dismissal issue in Telšiai, it is important to act promptly to protect your rights. Start by gathering all relevant documents, such as your employment contract, notice of termination, and any correspondence with your employer. Consult with a specialist labor lawyer who understands local regulations to evaluate your options. You can also seek assistance from the State Labour Inspectorate or local legal aid organizations. Taking early action can help resolve disputes efficiently and ensure that your legal rights are upheld throughout the hiring and firing process.