{"id":2329,"date":"2026-10-03T10:08:53","date_gmt":"2026-10-03T07:08:53","guid":{"rendered":"https:\/\/linden.lt\/tinklarastis\/unfair-dismissal-what-to-do-and-deadline-lithuania\/"},"modified":"2026-10-06T07:37:27","modified_gmt":"2026-10-06T04:37:27","slug":"unfair-dismissal-what-to-do-and-deadline-lithuania","status":"publish","type":"irasas","link":"https:\/\/linden.lt\/en\/blog\/unfair-dismissal-what-to-do-and-deadline-lithuania\/","title":{"rendered":"Unlawfully dismissed in Lithuania? What to do and the deadline to act"},"template":"","kategorija":[],"class_list":["post-2329","irasas","type-irasas","status-publish","hentry"],"acf":{"visi_puslapiai_cta_statusas":false,"visi_puslapiai_cta_antraste":"","visi_puslapiai_cta_formos_id":"","visi_puslapiai_cta_papildomas_tekstas":"","visi_puslapiai_cta_nuotrauka":null,"tinklarastis_1_autorius":null,"tinklarastis_1_iraso_tipas":false,"dinamiski_blokai":[{"acf_fc_layout":"tekstas","tekstas":"

If you believe you were dismissed unlawfully, you must apply to the labour disputes commission (darbo gin\u010d\u0173 komisija<\/em>) within one month of the day you learned, or should have learned, that your rights were breached (Article 220(1) of the Labour Code of the Republic of Lithuania (DK)). This is shorter than the general three-month period, so waiting is not wise. In the dispute it is the employer, not you, who must prove the dismissal was lawful (Article 214(3) DK). If the dismissal is found unlawful, the commission or court reinstates you and awards average pay for the period of forced absence (priverstin\u0117 pravaik\u0161ta<\/em>) and damages; if you are not reinstated, compensation is awarded on top (Article 218(2) and (4) DK).<\/p>\r\n

How an employer must handle a dismissal is covered in our articles on documents and their order<\/a> and on dismissal for employee fault<\/a>. Here we look at it from the employee's side.<\/p>\r\n

When a dismissal may be unlawful<\/h2>\r\n

The law distinguishes two cases: dismissal without a lawful ground, and dismissal in breach of the procedure set by law (Article 218(2) DK). One of them is enough.<\/p>\r\n

Ground.<\/strong> On the employer's initiative without fault on your part, the contract may be terminated only for the reasons listed in Article 57(1) DK: a redundant job function, results not achieved under a performance improvement plan, refusal to work on changed terms, refusal to continue employment on a transfer of business, and the employer ceasing to exist. Our article Can you dismiss for poor performance, less work or under a year's service?<\/a> explains when poor performance or a drop in work becomes such a reason. For dismissal for fault, the employer must ask for your written explanation before deciding (Article 58(4) DK). It must decide within one month of the breach coming to light and within six months of the breach being committed (Article 58(6) DK). The six-month limit is extended to two years if the breach comes to light after an audit, stock-take or inspection of activities. From 1 November 2026, time when the employee was absent from work because of temporary incapacity or leave is not counted in the six-month period (Article 58(6) DK). Whether the same exclusion also applies to the one-month period, the law does not say clearly: it is placed after the six-month period, but the sentence can also be read as covering both. That second reading may draw support from the same article, which states the exclusion expressly for the one-month warning period (Article 58(4) DK, version from 1 November 2026). There is no case law on this wording yet, as it takes effect only on 1 November 2026, so the question is not settled. For breaches committed on or before 31 October 2026, the rules in force until then apply (Article 39(4) of Law No. XV-1058 amending the Labour Code).<\/p>\r\n

At the employer's will.<\/strong> Until 31 October 2026, an employer (other than the public-sector employers listed in Article 59(1) DK) may terminate the contract for reasons not listed in Article 57(1) DK, giving three working days' notice and paying severance of at least six months' average pay (Article 59(1) DK). From 1 November 2026 this is possible only for a justified reason. Procedures started on or before 31 October 2026 follow the earlier wording (Article 39(5) of Law No. XV-1058). In both versions, dismissal is prohibited, for example, for taking part in proceedings against an employer accused of breaking the law, or because the employee is exercising rights under the Labour Code (Article 59(2) DK).<\/p>\r\n

Protected employees.<\/strong> A pregnant employee, until her baby is four months old, may be dismissed only on the grounds listed in the law (Article 61(1) DK). An employee raising a child under three cannot be dismissed on the employer's initiative without fault on the grounds in Article 57(1)(1) to (3) DK (Article 61(3) DK).<\/p>\r\n

Procedure.<\/strong> Where the law requires notice, the notice must be in writing (Article 64(1) DK). It states the reason, the legal provision and the date employment ends (Article 64(2) DK). The employer's decision to terminate must also be in writing, with the ground, the provision and the end date (Article 65(3) DK). If you challenge the dismissal, the employer must prove that the notice and the decision were delivered to you (Article 64(3) DK, Article 65(4) DK). Our article Must a Lithuanian employer issue orders for hiring, leave and dismissal?<\/a> explains whether the employer must issue this decision as an order.<\/p>\r\n

If your employer is pressing you to write a resignation \"of your own free will\", read this article (in Lithuanian)<\/a>.<\/p>\r\n

The deadline: one month<\/h2>\r\n

The general period to apply to the labour disputes commission is three months; for unlawful dismissal it is one month (Article 220(1) DK). It runs from when you learned, or should have learned, of the breach. So write down the day you received the employer's decision.<\/p>\r\n

The commission may restore a missed deadline if it finds the reasons for missing it important. You must state those reasons in your application. If the commission refuses to restore it, you may go to court within one month of its decision (Article 220(2) DK). This is an exception, so plan to apply in time, even if you are still negotiating with the employer.<\/p>\r\n

How to apply to the labour disputes commission<\/h2>\r\n

The commissions sit at the territorial divisions of the State Labour Inspectorate (Valstybin\u0117 darbo inspekcija<\/em>, VDI) (Article 221(1) DK). The application is filed in writing or by email, signed with an electronic signature or in another way that allows you to be identified (Article 223(1) DK). The application states (Article 223(2) DK):<\/p>\r\n