EMPLOYERS CAN DEFEND THEIR INTERESTS IN LITHUANIAN COURTS IN LABOR DISPUTES INVOLVING FOREIGN CITIZENS
CONFIDENCE Law Office successfully represented the client’s interests in the Supreme Court of Lithuania after the lower courts refused to hear a labor dispute with a Ukrainian citizen.
The Supreme Court of Lithuania clarified that the provision prohibiting the employer from initiating a labor dispute in a country other than the employee’s place of residence did not apply when the dispute was previously initiated by the employee in Lithuanian pre-trial labor dispute institutions. The court stated that in the event that a dispute initiated by an employee in the Labor Disputes Commission was initiated in Lithuania, the subsequent resolution of the dispute was possible in Lithuanian courts, if the employee had a place of residence in the country. Accordingly, the court agreed with CONFIDENCE Law Office’s arguments that the obligation established for the employee to have a place of residence in Lithuania is a sufficient basis to state that the Lithuanian courts have jurisdiction to examine the labor dispute.
In this case, the court ordered the lower court to investigate whether the employee had continued working in Lithuania at the time of filing the claim in court and whether he was required to have a place of residence in Lithuania.
CONFIDENCE Law Office provides legal services to employers and employees, advises on all issues of labor law.