Employment relations

Dismissal

We consult both employers and employees on dismissal issues, represent in negotiations, prepare draft documents.  The most common disputes in our practice are related to termination of employment contracts and change of terms, wrong dismissal.

Our services in this area:

• representation of the client in negotiations with employer / employee or their representatives.
• preparation of projects of agreements between employer and employee.
• representation of the client in labour disputes in pre-trial labour dispute resolution bodies (Labour Dispute Commission, State Labour Inspectorate).
• representation of companies in administrative violation cases related to illegal work, non-compliance with employment procedures, etc.

Unfair competition between employees

We represent the interests of the Clients in relation to unfair competition related to the employment relationship or its restriction:

• protection of employees against unlawful taking over and disclosure of trade secrets of the former employer to third parties, protection of interests.
• unlawful use of the trade secrets of the legal entity, i.e., data about the company’s clients.
• protection of the interests of an employee seeking legal access to the trade secrets of the employee’s former employer (following the establishment of a competing entity).
• protection of the interests of the company in respect of acts of unfair competition, unlawful acquisition and disclosure of commercial / production secrets and compensation of losses.

To manage these risks, we prepare non-competition, confidentiality agreements.

Property liability of employees

We help to manage the risks of protecting the property interests of the employee and the employer during the employment relationship:

• preparation of internal documents defining employees’ liability (agreements on position, briefings, standards, other agreements between the employer and employees).
• consultation on the formalisation and compensation of the damage caused by employees.
• preparation of documents to the Labour Dispute Commission, court.

Labour disputes

We represent employees and employers in the mandatory pre-trial labour dispute resolution body, i.e., the Labour Dispute Commission regarding:

• damage caused to the company (damage to the company’s property, third parties, fines received for improper performance of duties, etc.).
• wrong dismissal.
• unpaid wages.
• unreasonable change of working terms.
• violation of confidentiality, non-competition agreement, etc.

Temporary employment (rent)

Temporary employment is a form of employment where a temporary employment company, having concluded a contract with a temporary employee, sends him / her temporarily to work for the benefit of the user of the work, the order and requirements of which must be followed.

Advantages of temporary employment:

• flexible form of work.
• the temporary employment company assumes all the functions of the employer, so the user of temporary work no longer has to take care of the selection of employees, payment of wages, mode of work and rest time, other relevant personnel management issues.
• there is no risk of unplanned dismissal or admission, i.e., the user of temporary work may receive additional labour force in the event of an increase in the number of orders and does not need to take care of dismissal in the event of a reduction in work volumes.

Services related to temporary employment:

• preparation of temporary employment agreements.
• consultation on the specifics of the work of temporary employees.
• examination of disputes arising between the temporary employee, the employment company and the user of the work.

Employee data protection

In May 2018, the General Data Protection Regulation (GDPR), which has entered into force throughout the European Union, has created many new rights, but also obligations for companies regarding the protection of personal data of employees.

Our services relating to the protection of personal data of employees:

• assessment of impact of the personal data protection.
• preparation of GDPR documentation.
• consultation on the implementation of the protection of personal data, on the invulnerability of the personal communication of an employee when using information and technological means.
• service of the personal data protection officer.
• representation in disputes regarding excessive use of personal data, transfer to third parties, video surveillance under direct control of quality and scale of work.

Posting of employees

Posted employee is an employee sent by an employer to another EU member state for the temporary provision of services. EU legislation related to posted workers is generally seen as a targeted effort to regulate and harmonise following two principles:

• to create equal conditions in the international scale for provision of services with the minimum of restrictions.
• protect the rights of posted employees by ensuring equal social rights to prevent unfair behaviour and the formation of cheap labour force.

Our services in this area:

• consultations to companies on ensuring the social rights of posted employees in the EU countries.
• consultations on the application of the minimum hourly wage set in the EU countries to posted employees.
• consultations on the avoidance of double taxation.
• preparation of complaints, requests, explanations regarding unfounded tax claims from institutions.

Employment of foreigners

We provide comprehensive legal services to clients on labour and migration law, advise clients on employment of foreigners from third countries and the EU. We helped to employ specialists from Belarus, Russia, Ukraine and get temporary residence permits for businessmen from third countries.

We prepare documents and help to get:

• work permits
• temporary residence permits
• permanent residence permits

We consult on:

• change of working conditions for foreigners employed in Lithuania
• possibilities of posting foreigners employed in Lithuania to EU countries
• family reunification questions for foreigners employed in Lithuania