Labour misconduct, penalties, warning procedures

Employers often seek a legal advice how to treat their employees when they commit fraud, embezzlement or otherwise breach their professional duties. We advise on all matters as how to qualify labour misconduct and impose a penalty for impoper behaviour. According to the Lithuanian law, an employee may be held responsible only if his or her misconduct has been committed negligently or wilfully. A penalty for labour misconduct shall be imposed by the head of a company given due regard to the gravity of the misconduct and other circumstances. In practice, the formalities of imposing a penalty are often disregarded, which may create an incentive for employees to challenge labour penalties even when the misconduct has been actually committed. In particular, we advise on the following matters pertaining to labour misconduct proceedings:

• Assessment of labour misconduct and advising on penalties to be imposed 
• Procedural matters of imposing a labour penalty; terms of limitation 
• Collection of evidence about a labour misconduct; permissible and not permissible evidence
• Full material liability of employees 
• Termination of an employment contract as  a labour penalty
• Disputes in relation to labour penalties