Labour Disputes Commission in Lithuania: how to file and by when
A dispute with your employer about dismissal, pay or other employment rights is first heard by the Labour Disputes Commission (darbo ginčų komisija, DGK), because applying to it is mandatory (Article 220(1) of the Labour Code of the Republic of Lithuania (DK)). The DGK sits at the territorial divisions of the State Labour Inspectorate (Valstybinė darbo inspekcija, VDI) (DK Article 221(1)). The law does not call your filing a “complaint” but an application to hear a labour dispute concerning rights. You must file it within three months, or within one month for unlawful suspension, unlawful dismissal and breach of a collective agreement, counted from when you learned or should have learned of the breach (DK Article 220(1)). The application is filed in writing or by email to the VDI address. If you disagree with the DGK decision, you may bring a claim in court within one month from the day the decision was adopted (DK Article 231(1)).
Who may apply, and against whom
An individual labour dispute concerning rights is a disagreement between an employee or other participants in the employment relationship and an employer arising when an employment contract is concluded, amended, performed or terminated (DK Article 213(3)). A former employer, a person who expressed a wish to conclude an employment contract and was refused, a contractor in the cases set by the DK, and persons entitled to the employee’s pay or other employment-related payments are also treated as parties to a dispute.
It is not only employees who may apply. DK Article 220(1) gives this right to every participant in an employment relationship who believes that another party has infringed their rights. So the employer may also apply to the DGK. If the employee permanently lives in another country, a dispute started by the employer is heard in that country, unless, after the dispute arises, the parties agree to have it heard under the procedure of the DK (DK Article 215(3)).
A group of employees of the same employer may file one joint application if the dispute arises on the same legal ground (DK Article 223(3)). Employee representatives may dispute with the employer the non-performance of labour law rules or agreements. This is a collective labour dispute concerning rights (DK Article 213(4)).
Which disputes go to the DGK, and which do not
Labour disputes concerning rights are heard by the DGK and by the court (DK Article 216(1)). The law states that a participant in an employment relationship must apply to the DGK with an application to hear a labour dispute concerning rights (DK Article 220(1)). The court hears the dispute when a party disagrees with the DGK decision (DK Article 231(1)).
Exceptions:
- a dispute concerning rights linked to a strike or lockout is heard directly in court (DK Article 220(3));
- the DGK does not hear collective labour disputes concerning interests or disputes about strikes or lockouts (point 4 of the Labour Disputes Commission Rules of Procedure, approved by Order No. A1-344 of the Minister of Social Security and Labour of 29 June 2017, the “DGK Rules”); collective labour disputes concerning interests follow a separate procedure in DK Part IV, Chapter III, “Hearing of collective labour disputes concerning interests”;
- the parties may agree to commercial arbitration, but only if they agree after the dispute has arisen (DK Article 216(2)).
The DGK and the court may order the other party to restore infringed rights, award pecuniary or non-pecuniary damage, and terminate or change the legal relationship (DK Article 217(1)). Where a dismissal is found unlawful, the body hearing the dispute reinstates the employee and awards average pay for the period of forced absence, but for no more than one year (DK Article 218(2)). Reinstatement is not automatic. If the employee cannot be reinstated for economic, technological, organisational or similar reasons, if unfavourable working conditions may be created for them, or if the employer asks that they not be reinstated, the employee is not reinstated and is also awarded compensation (DK Article 218(4)). At the request of an employer with an average of up to ten employees, this remedy must be applied (DK Article 218(5)). For the grounds of dismissal, see Can you dismiss for poor performance, less work or under a year?.
Deadlines
DK Article 220(1) sets two deadlines. The general one is three months. For unlawful suspension, unlawful dismissal and breach of a collective agreement it is one month. Both run from when you learned or should have learned of the infringement of your rights. Write this date down and keep the document that shows it, such as an order or a letter.
The DGK may renew a missed deadline if you state the reasons in your application and the DGK accepts them as valid reasons (DK Article 220(2)). If the DGK does not renew it, it refuses to hear the application (DK Article 224(1)). You may then go to court within one month from the DGK decision (DK Article 220(2)). On the deadline in disputes about unpaid or reduced pay, see Can an employer pay late or cut pay in Lithuania?.
What the application must contain and how to file it
The application to the DGK is filed at the VDI address in writing or by email, signed with an electronic signature or worded so that the applicant can be identified or the authenticity of the application can be checked (DK Article 223(1)). For identifying the applicant or checking authenticity, point 10 of the DGK Rules mentions the VDI Electronic Services for Employers system (EPDS). The application is signed by the claimant or their representative, and a representative attaches a power of attorney (point 10 of the DGK Rules). The application is filed at the address of the VDI or its territorial division (point 11 of the DGK Rules).
The application must state (DK Article 223(2)):
- your name, surname, personal code (or date of birth if you have none), home address, contact number and payment account number;
- the other party’s name, legal entity code and registered address, or, for a natural person, their name, surname, personal code and address;
- the claim, clearly worded;
- the facts and evidence supporting it;
- whether you ask for a written procedure, a remote hearing, or delivery of documents by email; if you ask for documents by email, give your email address;
- a list of attached documents.
If the application does not meet the requirements, the DGK sets a deadline of five working days to remedy the defects. If they are not remedied, the application is treated as not filed and is returned (DK Article 223(4)). You may withdraw the application before the hearing (DK Article 223(5)).
How the hearing works
The DGK has three members: a chair and representatives of trade unions and employers’ organisations (DK Article 221(2)). Within five working days the chair sets the hearing date and a deadline by which the respondent must state whether it accepts the claims and submit evidence (DK Article 225(2)). The chair may request documents and call witnesses (DK Article 225(1)).
In dismissal cases, the employer must prove that the dismissal was lawful (DK Article 214(3)). At the hearing the chair invites the parties to conclude a settlement agreement (DK Article 226(7)). If the DGK approves the settlement, the proceedings end (DK Article 224(3)). If there is no settlement, the parties and witnesses are heard and the evidence is assessed (DK Article 226(10)). Additional claims and new evidence may be raised at the hearing, but the DGK may reject them if they could have been submitted earlier and would delay the decision (DK Article 226(9)). The hearing is audio-recorded (DK Article 226(12)).
If a properly notified party does not attend, the DGK may decide without them (DK Article 226(2)). If both parties file a signed request in the way set by DK Article 223(1), they may take part in the hearing by information and electronic communication technologies, for example by video conference (DK Article 226(4)). You do not pay for the DGK to hear the dispute, and the parties’ litigation costs are not awarded (DK Article 217(3)).
How the decision is taken
The DGK must hear the application within one month. The chair may extend this by no more than one month (DK Article 228(1)). The decision is taken on the day of the hearing by majority vote; where two members hear the case and disagree, or only the chair hears it, the chair decides. It is set out in writing within five working days (DK Article 228(2) and (4)). It is served on the parties within ten working days of its adoption (DK Article 228(5)). The decision explains how and by when it can be challenged (point 19 of the DGK Rules).
How to challenge the decision in court
If you disagree with the DGK decision, you may bring a claim in court under the Code of Civil Procedure within one month from the day the decision was adopted (DK Article 231(1)). The deadline runs from adoption, not from service, so mark its start on the day of the sitting at which the decision was adopted. This date is written in the decision (point 19 of the DGK Rules). The court may renew a missed deadline if it accepts the reasons as valid (DK Article 231(2)).
This is not an appeal. The court hears the dispute on the merits, and the DGK decision is not subject to appeal or review (DK Article 231(3) and (4)). Once the court judgment becomes final, the DGK decision loses effect (DK Article 231(7)).
Enforcement
If neither party brings a claim in court within the time allowed, the DGK decision becomes final (DK Article 229(1)). It must be carried out once final, except where it is to be enforced immediately (DK Article 230(1) and (3)). The DGK decision is an enforceable document, enforced under the Code of Civil Procedure (DK Article 230(2)). An employee is reinstated no later than the next working day after the reinstatement decision becomes final (DK Article 218(3)).
If the employer does not comply with a DGK or court decision, the DGK, at the employee’s request, imposes a fine on the employer for each week from the adoption of the decision until it is carried out, for no more than six months. The fine is paid to the employee (DK Article 232(1)). If a decision already carried out is later set aside, the enforcement is reversed (DK Article 233).
Are the rules changing?
In the DK versions taking effect on 1 November 2026 and 1 January 2027, the DGK rules described in this article do not change. From 1 November 2026, only the amount of the fine that the body hearing the dispute may impose in collective labour disputes concerning rights changes: it will be linked to the minimum monthly wage (DK Article 217(2)).
How to start
Send us the employment contract, the order or other document you are challenging, your correspondence with the employer, and the date you learned of the breach. From this we will assess the deadline and prepare the application to the DGK.
Phone +370 5 212 1506, email info@linden.lt
More about this service: Solving labour disputes.