Learn about the legal processes for employee termination and severance in Lithuania
In Lithuania, the Labour Code outlines the legal requirements for notice periods during employment termination, which vary based on the circumstances of termination and the employee's situation.
Certain employee groups are entitled to extended notice periods:
During the notice period, employers must grant these employees time off work to search for a new job, with paid leave amounting to at least 10% of their working time.
In Lithuania, employees are entitled to severance pay under certain termination scenarios as per the Lithuanian Labour Code. The severance pay amount is determined by the reason for termination and the employee's service duration.
Severance pay is required in the following scenarios:
The severance pay is calculated based on the employee's average monthly salary and their service length:
There are also special circumstances where severance pay is applicable:
In Lithuania, the termination process must adhere to strict regulations defined within the Lithuanian Labour Code. The various termination scenarios and their corresponding procedures are as follows:
In this simplest termination method, both the employer and employee agree in writing to end the employment relationship and determine the terms of separation. There is no legally mandated notice period, allowing for flexibility. Severance entitlements are negotiated between parties but may still follow standard legal requirements if applicable.
The employer must provide a written notice stating the reasons for termination and the effective termination date, respecting the required notice periods. Valid grounds for termination include redundancy, company restructuring, employee's unsuitability for the role, or economic reasons. The employer must pay severance according to the legally prescribed amounts.
Employers can immediately terminate employment for gross misconduct such as theft, serious safety breaches, etc. Employers must rigorously document the employee's misconduct to justify the dismissal. Gross misconduct dismissals generally don't include severance pay.
The employee must submit written notice of resignation at least 20 calendar days in advance. Employees do not need to provide a reason for their resignation.
Employers with more than 20 employees may need to consult with a works council before implementing mass dismissals. Termination cannot be based on discriminatory grounds protected under Lithuanian law.
Employers must notify the social insurance agency (SODRA) about the termination within one working day. Upon termination, the employer must pay any outstanding salary, compensation for unused vacation time, and severance pay.
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