EMCC European Monitoring Centre on Change

Lithuania: Public authorities information and consultation on dismissals

Lithuania
Phase: Anticipation
Type:
Public authorities information and consultation on dismissals
Sist endret: 10 December, 2021
Virkelig navn:

Darbo kodeksas Nr. XII-2603, Pranešimo teritorinei darbo biržai apie numatomą grupės darbuotojų atleidimą tvarkos aprašas, patvirtintas ministro įsakymu Nr. A1-383

Engelsk navn:

Labour code No XII-2603, Specification of the procedure for giving notice of intended group redundancies to the local employment office approved by order of the Minister No A1-383

Artikkel

Labour code (63), Specification of the procedure for giving notice of intended group redundancies to the local employment office approved by order of the Minister No A1-383

Beskrivelse

According to the Labour code, an employer must notify the Employment service in writing of any projected collective redundancies (at least 10 dismissals with a workforce of 20-99 employees, at least 10% with a workforce of 100-299 employees or at least 30 dismissals with a workforce of at least 300 employees in any 30-day period). The notification requires filling in a form, determined by the government. The notification follows consultations with the works council (or in the absence thereof – the employer-level trade union) and it needs to be made no later than 30 days before the termination of the employment relationship. The employer shall submit a copy of this notification and a notice of group redundancies (in the event of employer's bankruptcy) to the works council or the employer-level trade union, which may submit its observations and proposals to the Employment service.

In case of individual dismissals, an employer does not have the obligation to inform public authorities of the dismissal.

The specification of the procedure for giving notices of intended group redundancies to the local employment office approved by Order No A1-383 sets out the procedure for employers for notifying the Employment service of the projected group redundancies. When filing a notification form to the employment service, an employer must provide the following information:

  • the number of employees in the company;
  • the number of redundancies;
  • terms of dismissals;
  • qualifications of redundant employees;
  • causes of dismissals;
  • information regarding consultations with employees' representatives on planned layoffs.

Kommentarer

According to the Labour code, an employment contract may not be terminated upon breach of the obligation to notify the Employment service about the planned collective redundancy or to hold consultations with the works council or the employer-level trade union. Provisions regarding consultations with works councils or employer-level trade unions shall not apply in the event of bankruptcy (article 63).

Cost covered by
Not applicable
Involved actors other than national government
  • Public employment service
  • Trade union
  • Works council
  • Other
Involvement others
An employer must notify an employment service; some other institutions (e.g. municipality) might be involved as well.
Thresholds
20
10
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