Q. What is the maximum duration of a probation period in Lithuania?
In Lithuania, the probation period for new employees can last up to 3 months. During this time, the employer can evaluate the employee’s performance, suitability for the role, and overall fit within the company. It provides an opportunity to assess skills and cultural alignment before committing to a permanent contract.
Q. Can the probation period in Lithuania be extended?
Yes, the probation period in Lithuania can be extended beyond the standard 3 months, but only up to 6 months. This extension must be mutually agreed upon in the employment contract and clearly stated. Employers must also provide a valid reason for extending the probation period.
Q. How does Lithuania regulate termination of employment during the probation period?
During the probation period, either the employer or the employee may terminate the employment with shorter notice periods, usually ranging from 3 days to 1 week. Although termination is simpler during probation, employers must still base it on justifiable reasons such as poor performance or failure to meet job expectations.
Q. What are the notice periods for terminating an employee in Lithuania?
For employees with less than one year of service, the notice period is generally 2 weeks. As the length of service increases, the notice period becomes longer, with employees who have over 5 years of service entitled to up to 3 months’ notice. This period allows both parties time to prepare for the transition.
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Q. Are there specific grounds for terminating an employee without notice in Lithuania?
Yes, termination without notice is allowed in cases of serious misconduct, such as theft, fraud, or gross violations of workplace rules. The employer must have sufficient evidence and follow proper legal procedures to avoid claims of wrongful termination.
Q. What are employees entitled to upon termination in Lithuania?
Upon termination, employees may be entitled to severance pay depending on their length of service. Employees with at least one year of service are usually eligible, and the severance amount increases with longer periods of employment.
Q. Can an employee be terminated during maternity leave in Lithuania?
No, employees on maternity leave in Lithuania are legally protected and cannot be terminated during this period. Terminating an employee while on maternity leave would be considered discriminatory and unlawful.
Q. How is severance pay calculated in Lithuania?
Severance pay is generally calculated based on the employee’s length of service and most recent salary. For employees with more than one year of service, severance usually starts at one month’s salary and increases according to the number of years worked.
Q. Can employers terminate an employee for economic reasons in Lithuania?
Yes, employers may terminate employees for economic reasons such as redundancy or financial difficulties. However, they must follow legal procedures, including proper notice, payment of severance, and in some cases offering retraining or job placement support.
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Q. How does the probation period affect employee rights in Lithuania?
Employees on probation are entitled to the same basic rights as permanent employees, including minimum wage and social security benefits. However, they have less protection regarding dismissal and shorter notice periods during termination.
Q. What is the process for an employee to appeal wrongful termination in Lithuania?
Employees who believe they were wrongfully terminated can file a complaint with the relevant labor authorities or pursue legal action through the courts. They must provide evidence showing that the termination was unlawful or violated their rights.
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Q. What should an employer consider when terminating an employee due to performance issues in Lithuania?
Employers should properly document performance concerns, provide feedback, and give the employee an opportunity to improve before proceeding with termination. Compliance with legal grounds for dismissal and notice requirements is essential.
Q. Is probation period termination different for foreign workers in Lithuania?
No, foreign workers are subject to the same probation period and termination rules as Lithuanian employees. Employers must, however, ensure that all immigration and work permit requirements are properly met.
