REPUBLIC OF LITHUANIA
LAW ON EMPLOYMENT CONTRACT
Chapter 1
General Provisions
Article 1. Relations Regulated by this Law
This law shall establish the general procedures for
drawing up, altering, and terminating employment contracts.
Specific requirements for drawing up, altering, and
terminating employment contracts with elected employees,
employees who are chosen to fill a vacancy, certified employees,
employees of State bodies of authority and government,
employees of court and procurator offices, temporary and
seasonal workers, craftsmen working at home, apprentices,
trainees, handicapped workers, and other persons, shall be
determined by laws and other legislative acts which regulate
labour relations with such employees, unless it is prohibited by
this Law.
Specific characteristics of labour relations which are
formed on the basis of membership in partnerships, public
companies, private companies, and agricultural partnerships
shall be determined by laws which regulate the operations,
bylaws, and collective agreements of such enterprises.
Specific requirements of employment contracts concluded
with persons who provide service to individual persons
shall be determined by the Government of the Republic of
Lithuania.
Article 2. Principles of Legal Regulations of Labour
Relations
Relations specified by Article 1 of this Law shall be
regulated in accordance with the following principles:
1) equality among the parties involved in the
employment contract;
2) the establishment of additional guarantees for
groups of citizens who are socially vulnerable;
3) the prohibition of unilaterally modifying the terms
that the parties have agreed upon;
4) the right of each employee to terminate an employment
contract in accordance with the procedures established by law;
5) the right of the employer to terminate an employment
contract only on lawful grounds; and
6) equality for all employees, regardless of their sex,
race, nationality, citizenship, political convictions,
religious beliefs, or any other factors which do no
affect their professional qualifications.
Article 3. The Employment Contract
The employment contract shall be the agreement between
the employer and the employee in which the employee shall
pledge to work in a certain profession, speciality,
qualification, or office in accordance with the established
rules and regulations, and in which the employer shall pledge
to pay the employee, and shall guarantee working conditions
which conform with employment laws, the collective agreement,
and other legislative acts or agreements between the parties.
Article 4. The Employee
Permanent residents of Lithuania who are 16 years of age or
older may legally be employed.
Persons 14 years of age and over may be employed in jobs
which have been approved according to the procedures established
by the Law on Labour Safety of the Republic of Lithuania,
provided that the health conditions at the establishment permit
them to work in such a job. Minors between the ages of 14 and 16
may be employed only with the written consent of one of
their parents or guardians.
The right to employ persons temporarily residing in the
Republic of Lithuania shall be regulated by other laws and
international agreements.
Article 5. The Employer
Under this Law, employers shall be the owners or managers
of all types of enterprises, institutions, and organizations
(hereafter referred to as "enterprises"), who are appointed,
elected, or authorized in accordance with the laws (by-laws,
regulations, documents on the founding) of the appropriate
enterprises (including partnerships and private enterprises)
to draw up, alter, and terminate employment contracts in the
name of the enterprise, as well as to perform other
actions while implementing the provisions of employment laws.
When an employment contract between natural persons is
concluded for the provision of services, the employer shall be a
natural person.
Article 6. Enforcement of the Law
The provisions of this Law shall be applied to labour
relations, as established in Article 1 of this Law, at
enterprises located on the territory of the Republic of
Lithuania, as well as at enterprises which are located
outside the boundaries but are within the jurisdiction of the
Republic of Lithuania.
Labour relations at foreign capital enterprises and
at enterprises where a portion of the authorized capital belongs
to a foreign investor (i.e.. joint ventures), shall be regulated
by this Law and by documents on the founding of the
enterprises, except in cases when international agreements
provide for other regulations applicable to the employees of the
enterprises.
Chapter 2
The Contents and Composition of Contracts of Employment
Article 7. The Contents of Contracts of Employment
The employment contract shall include the rights and
obligations of the employee and the employer as established by
an agreement between them.
The parties may not establish working conditions which
would be less favourable to the employee than those provided by
the laws of the Republic of Lithuania.
Article 8. The Conditions of Contracts of Employment
In each employment contract, the parties must agree upon
the following conditions:
- the employee's place of work (enterprise, its subsidiary,
etc.);
- the functions of employment - in regard to a certain
profession, speciality, qualification, or post; and
- the salary.
For certain employment contracts, employment laws and
collective agreements may provide for other requisite
conditions to be discussed by the parties upon the conclusion
of such a contract (agreement on the duration of the
contract, the nature of seasonal work, etc.).
Upon the agreement of both parties, other conditions of
the employment contract (i.e.. probation periods, shorter
working hours) may be established, provided that employment
laws do not prohibit such provisions.
Article 9. The Duration of an Employment Contract
An employment contract may be concluded for an either
an indefinite or a fixed period of time, but the duration may
not exceed five years unless laws provide otherwise. It shall
be prohibited to conclude a contract for a fixed period of time
if the employment is of a permanent nature, except in cases
where such a contract is concluded at the employee's request,
or when it is provided for in other laws.
Employment contracts with employees who are appointed to
their posts by elected bodies in accordance with the law shall
be concluded for the term of office of the elected bodies.
Article 10. Determining the Term of an Employment Contract
The term of an employment contract may be determined by a
certain calendar date, or upon the emergence of, changes
in, or termination of certain circumstances, except in
the cases specified in paragraph 3 of Article 9.
If the term of an employment contract is not specified
therein, or if it is not specified in the appropriate manner, the
duration of the employment contract shall be considered
indefinite.
Article 11. The Expiration of a Fixed-Period Employment
Contract
Upon the expiration of an employment contract, the employee
shall have the right to discontinue work, and the employer
shall have the right to discharge the employee. If neither of
the parties acts in the specified manner, the employment
contract shall be considered indefinite.
Article 12. The Probation Period of an Employment Contract
Upon concluding an employment contract, a period of
probation may be established upon mutual agreement of the
parties. The period of probation may be established in order to
assess the employee's competence in the field, or at the
employee's request, to ascertain whether the job is suitable.
Provisions concerning probation must be established in the
employment contract.
All employment laws shall be applicable to the employee
during the period of probation.
Probation periods established for the purpose of
assessing the employee's competence shall be applicable when
employing:
1) persons under 18 years of age;
2) persons who, upon the agreement of the employers, are
transferred to another enterprise;
3) persons who must be employed in order to fulfill employment
quotas; and
4) other persons specified by law.
Article 13. The Period of Probation
The period of probation may not exceed three months. In
cases specified by law, the period of probation may be extended.
During the probation period, absence from work shall not be
recorded.
Article 14. The Results of Probation
If an employer is not satisfied with the results of a
probation period established to assess the employee's competency,
he or she may discharge the employee by the end of the probation
period without adhering to the procedures established in Articles
33 and 34 of this Law, and without paying the employee
discharge gratuities.
If a probation period is established to ascertain if the
work is suitable for the employee, the employee shall be free
to assess the results of probation. During the probation
period, the employee may terminate the employment contract
with three days notice.
If the employee continues to work upon expiration of
the probation period, the employment contract may be terminated
only in accordance with the established regulations.
Article 15. Documents Required for Employment
Employers may require that applicants present their
personal identification certificates.
If, pursuant to employment laws, a certain occupation
requires specific educational, professional, or health
standards, the employer must requisition documents certifying
qualification in the aforesaid area from the applicant. To
employ minors between the ages of 14 and 18, an employer
must require a birth certificate and a written consent of
one of the applicant's parents or guardians. The employer
also has the right to request other documents as provided for by
law.
Article 16. The Employer's Responsibility to Require that
Employees Present State Social Insurance
Certificates
The employer must require that employees present state
social insurance certificates, and must register these
certificates in the established manner. Regulations for the
distribution and management of state social insurance
certificates shall be established by the Government of the
Republic of Lithuania.
Article 17. Drawing up Contracts of Employment
An employment contract shall be considered complete when
the parties have agreed upon the requisite conditions
specified in paragraphs 1 and 2 of Article 8 of this Law.
Employment contracts must be concluded in writing. Contracts must
be signed by either the employer or by a person authorized by the
employer, as well as by the employee.
The employee must commence work one day following the
signing of the contract, unless the parties agree otherwise.
If an employee has actually begun working in agreement
with the employer or the person authorized by the employer, the
employment contract shall be considered complete and must
be executed immediately.
Upon signing the employment contract, the employer or the
person authorized by the employer must give the applicant
written information concerning the working conditions, the
collective agreement, internal rules and regulations, and
other internal standard acts regulating working conditions.
The applicant's signature shall confirm that this has been done.
Article 18. Restrictions on Employing Relatives
Persons who are immediate relatives or who are related
by marriage (parents, fosterparents, spouses, brothers,
sisters, children, adopted children, and brothers, sisters,
parents and children of spouses) shall be prohibited from working
together in one state enterprise or state stock company if
such employment causes one of them becomes directly subordinate
or controlled by the other. Exceptions to this rule may be
established by the Government.
Article 19. Employment Guarantees
The employer shall be prohibited from refusing employment:
1) on the grounds specified in paragraph 6 of Article 2 of this
Law;
2) in jobs reserved for residents of corresponding categories (
part 1 of Article 7 and Article 8 of the Republic of Lithuania
Law on Employment of the Population);
3) if there is a written agreement between employers concerning
the transfer of an employee to another job; and
4) in other cases provided by law.
If a person specified in paragraph 1 hereof is
refused employment, he or she may bring the employer to court
within one month.
If the court concludes that a person has been refused
employment unlawfully, the employer shall be obligated by
court order to employ the person from the day of application of
employment, and to pay the employee minimum wage for the expired
period.
Chapter 3
Fulfillment and Modification of an Employment Contract
Article 20. The Employee's Duty to Personally Carry out
Assigned Work
Employee do not have the right to assign their work to
other persons without the permission of the employer or the
person authorized by the employer.
Article 21. Prohibition of Requiring an Employee to Perform
Work which is not Specified in the Employment Contract
An employer does not have the right to require an employee
to perform work that is not agreed upon in the employment
contract. Another employment contract must be concluded for
additional work.
Article 22. Changing Working Conditions
An employer has the right to change an employee's
working conditions (to change the working place within
the same enterprise and locality, or to assign work with another
machinery or device), or to change other conditions (benefits,
the work regime, the amount of material liability, posts, etc.),
only when this change is related to changes in production or
technology, or when the organization of labour is being changed
and the employer has to change the working conditions of
certain employees as a result.
The employee must be given written notice of the planned
changes in working conditions no later than one month prior
to the introduction of such changes. If the changes are
related to production technology, the employer must provide
conditions for the employees to improve their qualifications
or change their specialization so that they will be able to
work after the changes in production or production technology
are introduced. The collective agreement may require a longer
notice period, as well as additional obligations for the
provision of conditions which would enable the employee to
prepare for work after the introduction of changes in production
or production technology.
If an employee refuses to work under changed working
conditions, he or she may be discharged from work in the manner
established in paragraph 9 of Article 26 of this Law.
If changes are introduced and as a consequence an
employee's salary is reduced for reasons beyond his or her
control, the employee shall be compensated for the disparity
in wages for at least three months after the introduction of
the changes in working conditions.
Article 23. Transference at the Request of the Employer
If an employer wishes to transfer an employee to another
job or locality (i.e. to change the requisite conditions
of the employment contract), even if the entire enterprise
is being transferred, it shall only be permitted if the
employee gives written consent. Exceptions are provided for in
Article 24 of this Law.
Article 24. Temporary Transference in Cases of Emergency
An employer shall have the right to transfer an employee to
a job other than the one agreed upon in the employment contract,
either in the same enterprise (on the territory of a forest
district) or in another enterprise situated in the same
locality, for the period of one month if the purpose of
such a transfer is: to avert a natural calamity or industrial
accident, to liquidate or immediately eliminate the consequences
of such an accident, to distinguish a fire, or to prevent a fire
from spreading.
It shall be prohibited to transfer an employee to a job
which is incompatible with his or her health. If an employee's
salary is decreased after being transferred to another job
for reasons beyond his or her control, the employee shall
be paid the equivalent of the former average wage.
Article 25. Dismissal from Work
If an employee comes to work under the influence of
alcohol, drugs, or other toxic substances, the employer shall
not allow him or her to work that day (shift).
Employees may be dismissed from work (office) or have their
wages suspended in other cases specified by laws.
Chapter 4
Termination of an Employment Contract
Article 26. Grounds for the Termination of an Employment
Contract
An employment contract shall be terminated :
1) upon the agreement of both parties (Article 27);
2) upon the expiration of the term of the contract, with the
exception of the case specified in Article 11 of this Law;
3) upon the application of the employee (Article 28);
4) upon the initiative of the employer in cases provided for in
this Law (Article 29) or at the will of the employer (Article
30);
5) upon the execution of a court sentence which disenables an
employee to continue work;
6) when an employee is deprived of the right to work a certain
occupation according to the procedure established by law;
7) when an enterprise goes bankrupt or is liquidated against the
will of the employer;
8) when the employee refuses to be transferred together with the
enterprise (its unit) to another locality;
9) when the employee refuses to work after the introduction of
changes in working conditions set forth in Article 22 of this
Law;
10) when the medical commission or the commission for the
establishment of disability concludes that an employee is unable
to hold his or her post or work in such an occupation;
11) when, in cases provided for by law, the former employee
returns to work;
12) when an employee takes an elected office or an office for
which a vacancy is announced; when an employee is not reelected
to office or is removed from office;
13) when a parent or guardian of an employee who is between the
ages of 14 an 16 demands that the employment contract be
terminated;
14) when the employment contract contradicts provisions
established by law (Article 31); and
15) upon the motivated demand of bodies and officials authorized
under law.
Article 27. The Procedure for Terminating an Employment
Contract upon the Agreement of Both Parties
One party of an employment contract may submit to the other
party a written proposal concerning the termination of an
employment contract by bilateral agreement. If the other party
agrees with the proposal, it must, within five calendar days,
present a written reply to the party which submitted the
proposal concerning the termination of an employment contract.
Upon agreeing to terminate an employment contract, the parties
shall also agree upon the date and other terms of
termination (compensations, granting unused vacation, etc.).
If the other party does not announce its agreement to
terminate the employment contract within the time period
specified in paragraph 1 hereof, the proposal to terminate
the employment contract by bilateral agreement shall be
considered to have been rejected.
Article 28. Termination of an Employment Contract upon the
Application of the Employee The employee shall have the
right to terminate an employment contract of indefinite duration
provided that he or she gives the employer 14 days notice. The
collective agreement may provide for a shorter period of notice.
At the end of the period the employee shall have the right to
leave the job, and the employer shall register discharge papers.
If termination of an employment contract of indefinite
duration is requested because an employee's illness or
disability is interfering with adequate work performance, or
for other sound reasons provided for in the collective
agreement, the employment contract must be terminated from the
day specified in the employee's application.
Employees may withdraw applications concerning the
termination of an employment contract within three calendar
days from the presentation of the application. After this
period, applications may be withdrawn only with the consent of
the employer.
Employees shall have the right to terminate fixed-
period employment contracts before the date of expiration
provided that they give written notice to the employer and
that there are reasons set forth in paragraph 2 hereof. Such a
contract may also be terminated if the employer has violated
the rights of the employee provided for in the employment
laws and in the collective agreement or the employment
contract. In the event of a controversy concerning the
termination of a fixed-period employment contract before its
expiration, the dispute shall be resolved, upon the application
of the employee, by bodies settling labour disputes.
Article 29. Termination of an Employment Contract on the
Initiative of the Employer
An employment contract may be terminated on the initiative
of the employer for the following reasons:
1) liquidation of an enterprise at the employer's will;
2) reduction of the number of employees due to changes in
production or production organization;
3) inability of the employee to adequately perform the assigned
work for due to deterioration in health or lack of required
qualifications;
4) absence from work due to temporary disability for more than
120 consecutive calendar days, or during the last year of work,
for more than 140 calendar days, unless the law has a provision
which reserves the place of employment (office) for an employee
in the event of a certain illness. The place of employment
(office) shall be reserved for an employee who has lost capacity
to work due to an industrial accident or occupational disease
until the employee regains his or her capacity to work or the
disability is certified;
5) if an employee fails to return to work within two months of
release from the national defence service;
6) if an employee neglects assigned work or is guilty of other
violations of labour discipline, provided that he or she has been
penalized for disciplinary reasons at least once during the 12
months prior to the violation;
7) if the employee commits misappropriation of property (theft)
at the working place, or any other deliberate unlawful action
thereby incurring damage to the employer;
8) if a court sentence convicting the employee for a deliberate
offence comes into effect;
9) if the employee is under the influence of alcohol, drugs or
other toxic substances during working hours;
10) if the employee is absent without reason for the entire
working day (shift); and
11) if the employee makes public the commercial or technological
secrets of the enterprise, or divulges information thereon to a
rival company.
An employer may terminate an employment contract with
employees whose work is related to the stock-taking, security,
receival, delivery, or transportation of things of value, when
the said employees can no longer be trusted to perform the duty
assigned to them due to guilty actions at work.
People employed as public officers and employees
working in educational fields may be dismissed from work if
their conduct, either during or outside of working hours,
is immoral and consequently incompatible with their office.
Employers shall be prohibited from discharging an employee
on their own initiative during the period of temporary disability
(except discharge under paragraphs 1 and 4 hereof) or during the
vacation period (except discharge under paragraph 1 hereof) of
the employee in question. If an employment contract is terminated
in violation of this provision, the first working day after the
vacation period or period of temporary disability shall be
considered the day of termination of the contract. The employee
shall be paid wages at a double rate as well as disability
benefits and holiday pay for the period during which the
termination of the employment contract is postponed.
It shall be illegal for an employer to discharge an
employee on the basis of political conviction, religious views,
nationality, citizenship or other factors which are not related
to his or her professional qualifications.
Article 30. Termination of Employment Contracts at the
Request of the Employer
The employer (with the exception of state enterprises) shall
have the right to terminate an employment contract on grounds
which are not prohibited by Articles 26 and 29 of this Law,
provided that the discharged employee is compensated for the
amount of:
1) 3 average monthly wages, if the employee has worked at the
enterprise for up to 1 year;
2) 6 average monthly wages, if the employee has worked at the
enterprise from 1 to 5 years;
3) 9 average monthly wages, if the employee has worked at the
enterprise from 5 to 10 years;
4) 12 average monthly wages, if the employee has worked at the
enterprise from 10 to 20 years;
5) 18 average monthly wages, if the employee has worked at the
enterprise for more than 20 years.
The provisions of paragraph 4 of Article 29, and Articles 34 and
40 of this Law shall not be applied in the cases specified above.
Article 31. Elimination of Terms of Employment Contracts
Which Contradict the Law
If constituent part(s) of an employment contract contradict
the prohibitory provisions of laws, and the contradicting
terms cannot be eliminated, or if it is not possible to
transfer an employee with his or her consent to another place
of work, the employment contract shall be terminated.
If the employee does not accept the proposed job, he or she
shall be paid discharge gratuity equaling an average monthly
wage upon the termination of the employment contract. If there
is not a place for the employee to be transferred, the employee
shall be paid discharge gratuity equaling three average
monthly wages. Disputes concerning the termination of an
employment contract or discrepant terms within the contract shall
be resolved by court.
Employment contracts which violate laws or international
agreements which regulate the employment of persons temporarily
residing in the Republic of Lithuania (paragraph 3 of Article 4
of this Law) must be terminated. Sanctions provided by law shall
be applied to the employer or authorized representative who is
guilty of the said violation.
Article 32. Restrictions on Terminating Employment Contracts
during the Reorganization of an Enterprise
Employment contracts shall not be terminated due to a
change in ownership, jurisdiction, or name of an enterprise.
Upon the merger, division, or realignment of an
enterprise, or upon the change of the type of enterprise, labour
relations shall not be terminated provided that the employee
gives consent thereto. In such a case, terminating an
employment contract on the initiative of the employer shall be
permitted only in the event that the number of employees is
being reduced.
Article 33. The Consent of Trade Union Bodies to Discharge
Employees
Employers may not discharge an employee on their own
initiative or will (except under paragraph 1 of Article 29 of
this Law) without the consent of the elective trade union body
whereto the employee has been elected.
Collective agreements may establish that trade union bodies
must give their consent to discharge employees who are members
of the trade union under Article 29 of this Law (except
paragraphs 1, 6, 7, 8, 9, 10, and 11).
Trade union bodies must consider discharge consent
applications from employers within 14 calendar days of
receipt of the application.
If a trade union does not give consent to discharge an
employee, the employer may appeal this refusal. The court shall
revoke the decision of the trade union body if the employer
proves that the decision expressly violates his or her interests.
In cases provided by law, employees may not be discharged
on the initiative of the employer (except under paragraph 1 of
Article 29 of this Law) without the consent of other bodies.
Employees who are discharged in violation of this Article,
or who are discharged after more than one month from the day the
consent is received, must, upon the decision of the court,
have their previous job restored.
Article 34. Requirements of Employment Contract Termination
when the Employee is not at Fault
When the employee is not at fault, an employer may terminate
the employment contract at his or her own initiative in
accordance with the procedures established by law only after
giving the employee a written notice of two months. Persons
who are within five years of being entitled to full pension,
minors under 18 years of age, disabled persons, women who have
children under 14 years of age, and men who are the sole
supporters of children under 14 years of age must be given a
written notice 4 months prior to the discharge.
A longer term of notice may be established in the
employment contract or collective agreement.
The notice shall become invalid after 1 month ( excluding
periods of temporary disability or vacation) from the
expiration of its term.
In the event that the period remaining until a fixed-
period employment contract expires is shorter than the period of
notice provided by this Article, the employer may not
discharge an employee at his or her own initiative if the
employee is not at fault. If an employee is discharged before the
expiration of the term of notice, his or her discharge shall
become effective prior to the date of the expiration thereof.
Terms of notice provided for in this Article shall not be
applied when an employee is discharged under Article 30 of this
Law.
It shall be permitted to discharge an employee on the
employer's initiative when the employee is not at fault, on the
grounds set forth in paragraphs 9, 10, and 11 of Article 26 of
this Law, if the employee refuses to be transferred to another
locality when only the unit wherein he or she is employed is
being transferred (paragraph 8 of Article 26), or when the
employee is not reelected or is removed from office (paragraph
12 of Article 26), if transference is impossible with the
employee's consent.
Article 35. Restrictions for Terminating Employment
Contracts of Pregnant Women or Women who Have
Children under 3 Years of Age
Employers shall be prohibited from terminating, at their
own initiative and own will, employment contracts of pregnant
women.
Employers shall be prohibited from terminating, at their
own will, employment contracts of women who have children
under 3 years of age or of fathers and other persons who are
the sole supporters of children under 3 years of age. Employers
shall also be prohibited from terminating employment contracts
of said persons at their own initiative if the employee is not
at fault.
Guarantees provided by paragraphs 1 and 2 hereof shall not
be applied in cases when an employment contract is terminated
under paragraph 1 of Article 29 of this Law. (Amended December
10, 1991)
Article 36. Restrictions for Terminating Employment
Contracts of Persons Liable to Established
Employment Quotas and of Conscripted Persons
Except in cases specified in paragraph 1 of Article 29 of
this Law, employers may not terminate the employment
contracts at their own initiative of:
disabled persons;
employees who are liable to established employment
quotas, or for whom additional working places are provided
under the established quotas; employees who are not at fault,
and whose total number does not exceed the quotas established
by the local government;
or employees conscripted to the national defence service.
Article 37. Employment Precedence during Employee Reduction
In the event that an enterprise reduces the number of
employees, the right to retain employment shall reside with the
employees who have sustained work-related injuries or have
contracted an occupational disease, as well as with other
employees to whom this right is provided by the collective
agreement.
Article 38. The Employee's Right to be Informed of the
Reasons for Discharge
Employees shall have the right to file written
applications within 10 days of being discharged to demand that
the employer impart the reasons for their discharge.
Within 5 days of receipt of such an application, the
employer must notify the applicant in writing of the precise
reasons for discharge, and must specify the findings whereon
the discharge was based.
If the employer fails to satisfy this requirement, and
the employee appeals against his or her discharge in court,
the employer shall be subject by court to pay the employee
the equivalent of the salary of 20 working days, even if
the employee's job is not restored.
Article 39. Employment Contract Termination Statements
In the event that an employment contract is terminated,
the wording in the documents must comply with the conditions and
laws of the termination contract.
Article 40. Discharge Gratuity
Upon the termination of an employment contract on the
grounds set forth in paragraphs 8, 9, 10, and 11 of Article 26
of this Law, and when an employee is discharged for failure to
be reelected for a new term of office, as well as on the
termination of an employment contract at the initiative of the
employer and through no fault of the employee, or on the
application of the employee and on reasonable grounds
(paragraphs 2 and 4 of Article 28 of this Law), the employee
shall be paid a discharge gratuity equivalent to an average
monthly salary. Upon discharge under paragraph 7 of Article
26, and paragraphs 1 and 2 of Article 29 of this Law, discharge
gratuity shall be paid in the amount of the average salary of
two months.
The amount of discharge gratuity specified in paragraph 1
hereof shall be increased: one and a half times for employees
who have worked at the enterprise for more than 5 consecutive
years; two times for employees who have worked at the
enterprise for more than 10 consecutive years; three times for
employees who have worked at the enterprise for more than 20
consecutive years. Said increases in the amount of discharge
gratuity shall not prolong the term on the expiration of which
the person is liable to receive unemployment benefit
(paragraph 2 of Article 16 of the Republic of Lithuania Law on
Employment of the Population).
Article 41. The Obligation of the Employer to Pay the
Discharged Employee the Total Amount of the Money
Due
On the day of discharge, the employer must pay the
employee the entire sum of money due.
If the employer fails to pay the due amount on time
through his or her own fault, the employee shall be paid an
average wage for the entire period of delay in payment.
Article 42. Reinstatement of an Employee to Work
If the employee disagrees with his or her discharge, removal
from work, or transfer to another job, he or she shall have the
right to appeal to court within one month of receiving the
document confirming the discharge, removal from work, or
transfer to another job. If the employee is discharged, removed
from work, or transferred to another job without legal grounds,
or in violation of the procedures established by law, he or
she shall be reinstated in his last employment by court.
Upon reinstating in his last employment the employee who
was unlawfully discharged, transferred to another work, or
removed from work, the court shall subject the employer to the
liability of payment of the employee's wages for the entire
period of enforced idleness, or of the unpaid amounts of his
last average wage for the period he had to work for lower
remuneration.
When an unlawfully discharged employee declares, that
upon his reinstatement in his last employment unfavourable
conditions would be created for him, the court, declaring the
discharge unlawful, may, at the employee's request, refrain
from reinstating him in his last employment, and adjudge to
him compensation in the amount of up to 12 average monthly
wages. In this case, the employee shall be considered to
have been discharged from work under Article 28 of this Law.
VYTAUTAS LANDSBERGIS
President
Supreme Council
Republic of Lithuania
Vilnius
28 November 1991
No. I-2048
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