Labour Law

The firm’s lawyers provide legal assistance on all issues of labour law. We take part in drafting of collective agreements, carry out legal assessment of the collective agreements in force. We may offer extensive legal assistance in the field of individual relationship of employment: we prepare agreements for protection of trade secrets, non-competition agreements and other documents used in employment relationship, advise on the issues related with entering into employment contracts, their termination, work and rest time, salary, disciplinary sanctions and application of material liability, as well as on various other issues. In labour disputes lawyers of the law firm represent their clients in negotiations of the parties, in the public authorities, commissions of labour disputes and before the courts of all instances.

Experience

We represented a client – an employer – in a labour case regarding the legitimacy and validity of a dismissal of an employee. Having considered the case the court inter alia acknowledged that the director of the company made a decision to dismiss the claimant not for the reason of a conflict among them but for economic and organisational reasons, namely, the company decided that from the point of view of business it would be more cost-efficient to purchase the remaining functions performed by the dismissed employee from a company/companies which provide corresponding services, and, eventually, the company did that. The court has no authority to evaluate the relevance or appropriateness and validity of the reduction of staff resulting for economic reasons. In other words, it cannot assess whether an employer has deliberately and justifiably given up one or another position of staff because this issue does not fall within the competence of the court. The claim was rejected and the claimant was ordered to pay the client the litigation costs incurred.

We represented a client (defendant) in a legal dispute regarding compensation for damages comprising more than EUR 500,000 caused by acts of unfair competition. The court that examined the case noted, inter alia, that the commercial secret comprises information which is protected by the owner via reasonable means, such as physical, technical, legal, organisational, etc. The commercial secret must provide its owner with a competitive advantage, i.e. with certain business advantages, industrial advantages, financial advantages, etc. The court recognised that evidence presented by the claimant does not constitute sufficient grounds for recognising that the client intentionally illegally used the information that the claimant regarded as the commercial secret for unfair competition. The claim was dismissed, while incurred litigation expenses were awarded to the client.

We represented a company providing engineering services in its litigation with former employee of the management concerning recognition of termination of his employment contract as unlawful, bringing back to work, and awarding the average salary for the whole period of forced absenteeism. Attorneys- at-law of the law firm successfully collected the required evidence and during the examination of the case disclosed a gross disciplinary violation performed by the former employee. The court of the first instance recognised the claim to be unfounded and dismissed it. The judgement was not challenged.

Attorneys-at-law of the firm successfully represented one of the largest sellers of agricultural equipment in Lithuania in a dispute with a former employee concerning unfair competition and compensation of losses. The final procedural decision of the court recognised that the former employee violated the non-competition agreement in result of which he was ordered to pay a compensation of losses that exceeded EUR 26,000.

We represented an employee in a dispute with her employer in a commission of labour disputes concerning a compensation and salary for the period of delay of the payment. The dispute was resolved by a settlement agreement, as the employer agreed to satisfy the largest part of the client’ requirements amicably.

We provided legal services to an employer – a company supplying heating in its dispute with a former employee concerning the lawfulness of his dismissal. Both the courts of the first and the second instance held that the employee had committed a gross violation of job obligations; therefore, the employer had both factual and legal grounds for applying the most severe disciplinary penalty provided for in the Labour Code – dismissal.

We provided legal services to an employer – a company of construction and repairs in the appellate proceedings of a civil case concerning recognition of invalidity of the dismissal. The court of the appellate instance upheld the appeal prepared by the firm’s attorney-at-law, amended the judgement of the first instance court unfavourable to the client and dismissed the application of the former employee concerning recognition of unlawfulness of her dismissal.

We represented an employee in her litigation with the employer – one of the best-known real estate project development companies in Lithuania. After having examined the case, the courts upheld the major part of the employee’s claims: awarded the outstanding part of the salary, a compensation for the period of delay of the payment and the litigation costs.