We won another unfair dismissal case; the bad player this time is Evolution Lithuania

Everyone makes mistakes in such matters. It just so happens that those mistakes almost always work out in favour of the employers.

ENGLISH

1/15/20252 min read

Some time ago, a member of our union decided to leave his job at Evolution, where he was working as an online card games host. Not because he wanted to, but because of serious health problems. As he was no longer able to perform the functions of his job, he informed his employer of his condition and discussed leaving due to his health.

As soon as he signed the papers, he informed the G1PS labour law consultant. It was immediately clear that the employer had tricked him into leaving voluntarily (Art. 55) and not for serious reasons (Art. 56).

The employee returned to his employer just 15 minutes later to withdraw his application. But the employer just shrugged his shoulders: "we've already deleted you from the system".

‼️ What difference does it make what article is in the document? A big one. In the case of termination for serious reasons, all you need to do is to work 5 working days (not 20 calendar days) and you will get one or two months' severance pay, depending on your period of employment.

So we went to the Labour Disputes Commission, which declared the dismissal illegal. That's exactly what we expected - if you mistakenly sign a voluntary redundancy notice under Article 55, it can be withdrawn within three days or before the end of the contract, even if the contract is terminated the same day.

Since the dismissal is unlawful, it is invalid. Compulsory absenteeism automatically accrued from the date of dismissal until the decision of the Labour Disputes Commission, for which our member was allocated €3246.72 in compensation.

Why do employers still often plant such documents as if employees do not read them? Because they are often actually signed without being read.

The signing often takes place in tense situations, with workers being rushed and with little time to look into it. It feels like, if you're reading, aren't you showing mistrust in your employer? And if you don't like something, are you going to force your employer to review the contract now and reprint the document?..

It's normal to feel this way. Inexperienced negotiators find it hard to get over their fears of being "rude", "unfriendly", and demand benefits for themselves. This is even harder in a relationship where one party is in a position of power. So don't be afraid to take some power, take your time to read, if any part is unclear, don't sign. Better still, check with your labour union advisors before signing.

📩 All welcome at konsultacijos@g1ps.lt