2024-04-09 07:29:33
The head of the labor law department-chief labor inspector Ieva Piličiauskaitė-Dulkė draws attention to situations where wages or other benefits related to labor relations are paid late due to the fault of the employer.
“In such cases,” emphasizes the head of the department, “along with the above-mentioned payments, late interest is paid to the employee with an employment relationship, the amount of which is approved by the Minister of Social Security and Labor of the Republic of Lithuania, if labor law norms do not establish a higher amount of late interest.” – At the moment, the approved amount of late interest is 0.1 percent, well, and it starts to be calculated from the next day after the salary or other benefits were to be paid.”
I. Piličiauskaitė-Dulkė emphasizes that after the termination of the employment contract, all benefits related to the employee’s employment relationship are paid when the employment contract with the employee is terminated, but no later than before the end of the employment relationship, unless the parties agree that the employee will be settled no later than within ten working days. The part of the salary or benefits related to it, not exceeding the employee’s one-month average salary, must in all cases be paid no later than the date of termination of the employment relationship, unless otherwise agreed upon at the time of dismissal.
“After the employment relationship has ended, and the employer has delayed settling the account with the employee through no fault of the employee, the employer must pay arrears, the amount of which is the employee’s average salary per month, multiplied by the number of delayed months, but no more than six.
If the delayed amount is lower than the employee’s one-month average salary, the amount of the delay is the employer’s delayed amount, multiplied by the number of delayed months, but no more than six. It is true that if the period of delayed settlement is shorter than one month, the amount of severance pay is the amount of the employee’s average salary, calculated proportionally to the period of delayed settlement”, – the chief labor inspector emphasizes the employee’s right to severance pay.
The head of the labor law department emphasizes that if an employee is not paid his wages or monthly salary for two consecutive months or more, the Labor Code provides for the possibility of terminating the employment contract at the initiative of the employee for important reasons, after notifying the employer of the termination of the employment contract no later than 5 working days in advance . Upon termination of the employment contract in accordance with Article 56, Paragraph 1, Clause 2, the employer must pay the employee a severance payment equal to two of his average wages, and if the employment relationship lasts less than one year, a severance payment equal to one of his average wages.
It should be emphasized that due to the full or partial unpaid salary and other benefits related to employment relations, the employee has the right to apply to the labor dispute commission with a request to examine the labor dispute on the right within three months from when he learned or should have learned about the violation of his rights.
2024-04-09 07:29:33