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In this case, the Labor Inspectorate recommends contacting the Labor Disputes Commission, as the commission examines the dispute with the employer free of charge in a relatively short period of time.
“The purpose of the Labor Disputes Commission is to resolve the dispute in a timely, fast and free manner in a pre-trial proceeding. A person who has lost his job can submit an application if he believes that his employer has abused him, violated his rights and he has unfairly dismissed him. He must submit the application within one month of dismissal, “emphasizes Irina Janukevičienė, Head of the Labor Organization Division of the Labor Disputes Commissions of the State Labor Inspectorate.
According to her, about 40 percent of labor disputes arise when an employer fires for violations and the employee believes they did not commit such violations. Disputes over dismissal for negligence or improper performance of job duties are the most common.
Second, in terms of frequency, are disputes over voluntary dismissal. Typically, such disputes arise when an employee did not want to write an application, but the employer forced him to sign it. This is the cheapest way to “fire” an employee, since the employer does not have to pay any benefits. Therefore, it is often heard that the employer forces you to write an application, and the employee, being in a state of stress and not wanting to conflict or simply being afraid, accepts and signs the application voluntarily to leave work. . It is true that an employee can withdraw his request for resignation within three business days.
Third, in terms of frequency, there are conflicts in which an employee is fired, when the number of employees must be reduced and the employer cannot keep them. Said dismissal occurs at the initiative of the employer, through no fault of the employee, so the employer must give advance notice and pay the severance pay, but there are still disputes over such dismissals.
Irina Janukevičienė emphasizes that an employee who does not agree to the conditions of dismissal can also submit an application to the Labor Disputes Commission remotely, on the website of the Labor Inspectorate, an application form with an explanation of how complete the application correctly.
“It is not enough to write a complaint in the application to consider a labor dispute, it is necessary to precisely specify its requirements. In the case of wrongful termination, you are required to return to work or declare the dismissal illegal and receive compensation for it. This result is more common because in case of conflict, either the employee does not want to return to work or the employer indicates that there is no possibility of returning, ”explains the head of the Labor Organization Division of the Labor Dispute Commissions of the Inspection of State work.
According to Irina Janukevičienė, the maximum compensation for illegal dismissal can be a benefit of 6 average salaries.
When asked what a person should do when they find out about a layoff, a spokeswoman for the Labor Inspectorate says it is important to gather evidence that the layoff is illegal. This could be telephone or email correspondence, witness testimony. It would be nice to provide all the evidence and written documents; the more tests, the easier it will be to resolve the dispute.
Irina Janukevičienė says that employees no longer have to participate in lengthy legal discussions: labor disputes are usually resolved within a month. This is a very short term compared to the courts.
The decision of the Labor Disputes Commission has the force of an order of execution, but if the parties do not agree with that decision, they have the right to appeal to the court within a month in accordance with the procedure established by the civil procedure in the same issues.
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