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In this case, the attorney advises you to know your rights and what to look for first in the event of a termination dispute.
You can apply to the Labor Disputes Commission
In accordance with the Labor Code, disagreements between employees and the employer when entering into, modifying, executing or terminating an employment contract, as well as non-compliance or improper implementation of the labor law regulations in the relationship Labor disputes between the employee and the employer are called individual labor disputes. According to R. Grigonienė, if an employee considers that his dismissal is illegal, the employer has violated his rights with regard to the rules of labor law or has not complied with mutual agreements, he can approach the Labor Disputes Commission with a request to examine the labor dispute. .
“This application must contain information about the plaintiff (in this case, the employee) and the defendant (employer), as well as formulate the claim, the circumstances and the evidence on which the claim is based,” says R. Grigonienė in a Press release.
The expert emphasizes that the proper formulation and substantiation of the claim is very important, so he recommends attaching to the request a list of documents and evidence available that support the validity of the requirements formulated.
The expert suggests pointing out that deadlines are also set to apply for the Labor Disputes Commission.
“The participant in a labor relationship who considers that another subject of labor law has violated his rights must go to the Labor Disputes Commission to investigate the labor dispute within three months, and in cases of illegal dismissal or dismissal and breach of the collective agreement within a month, when he officially learned or should have learned of the violation of his rights ”, emphasized R. Grigonienė.
R. Grigonienė adds that, firstly, the labor disputes commission proposes to reach an amicable settlement and find a solution acceptable to both parties, and only in the event of disagreement between the parties, the commission examines and resolves the dispute.
What is the amount and severance pay?
According to R. Grigonienė, one of the most common questions in labor disputes is whether an employee can expect severance pay and to what extent he is entitled to it by law. The lawyer says that the amount of severance pay can vary from 0.5 to 6 VMU of average salary.
“Suppose that a severance pay of half or 2 average wages (VMU) is due to an employee leaving for important reasons, at the initiative of the employer, when there is no fault of the employee, without the will of the parties. And after the termination of the employment contract at the will of the employer, the severance pay in the amount of 6 VMU is already due ”, responds R. Grigonienė.
The expert says that compensation is not due on the employee’s statement without good reason, because of the employee’s fault or at the end of the probationary period, as well as upon termination of the fixed-term contract, expiring if worked for up to 2 years. or against the will.
R. Grigonienė also suggests paying attention to the fact that before the termination of the employment relationship, if due to the employer’s failure to pay late wages or other employment-related benefits, together with them, the employee with the employment relationship must be paid interest by default.
Upon termination of the employment relationship, and if the employer is not at fault for the employee’s payment, the employer must pay penalties. Its amount is calculated on the basis of the average monthly salary of the employee multiplied by the number of months in arrears, but not more than six.
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