Texts of pending comments

The Committee notes section 244(1) of the Labour Code (2017) according to which, a strike is a stoppage of work by employees organized by a trade union or trade union organization in an effort to resolve a collective labour dispute on interests or ensure compliance with the decision reached in resolving such a dispute. The Committee considers that trade unions and employers’ organizations responsible for defending socio-economic and occupational interests should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (see the 2012 General Survey on the fundamental Conventions, paragraph 124). Recalling that organizations responsible for defending workers socio-economic and occupational interests should be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, the Committee requests the Government to indicate whether under the legislation in force trade unions can have recourse to protest strikes against the Government’s economic and social policies.

The Committee notes section 200 of the Labour Code outlining the procedure for unilaterally terminating a collective agreement in force. The Committee requests the Government to: (i) clarify the rules and conditions governing the unilateral termination of collective agreements as set in the referred section of the Labour Code, specifying in particular whether any agreement can be unilaterally terminated at any time six months after its entry into force; and (ii) provide information on the application of this section in practice.

The Committee further requests the Government to provide information on the number of collective agreements concluded in the private and public sectors, including the number of workers and employees covered.

COVID-19 pandemic. Socioeconomic impact. Response and recovery measures. The Committee notes the measures taken by the Government to mitigate the effects of the pandemic, including the launch of a 2.5 billion euro economic stimulus plan. The Committee notes that according to Recommendations made by the European Commission on the 2020 National Reform Programme of Lithuania (document COM (2020) 515 final, paragraph 18) that, prior to the pandemic, labour market participation was high and unemployment rate was low; however, the COVID-19 crisis has posed new challenges. According to the report, with the help of EU funding, Lithuania has implemented a short-time work scheme to mitigate the effects of the pandemic on employment and introduced a number of other measures to mitigate the negative effects on businesses and the self-employed (document COM (2020) 515 final, paragraph 18). In addition, active labour marked policy measures and other measures to reskill and upskill the national workforce will be needed to help the unemployed to return to the labour market as early as possible and to provide effective sustainable support beyond the recovery phase. In this context, the Committee notes the amendments introduced to the Law on Employment of the Republic of Lithuania No. XII- 2470 (hereinafter the Law on Employment) in March and April 2020, which provide benefits for self-employed persons, wage subsidies for those employers preserving jobs during the state of emergency and training grants for persons whose apprenticeship or internship contracts were suspended. In addition, vocational training is being provided to workers laid off due to the state of emergency. The Committee further notes from the 2020 European Commission report that, whilst steps were taken before the crisis to address the risk of poverty and social exclusion, for example by increasing universal child benefits and pensions, poverty and income inequality rates in Lithuania are still among the highest in the EU. In this context, the Committee recalls the comprehensive guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of response and recovery measures taken with a view to implementing the objectives of the Convention. In this regard, the Committee invites the Government to provide information on how the measures adopted have helped to minimize the adverse effect of the pandemic on the Government’s policies for employment, unemployment, underemployment.

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. In reply to the Committee’s previous comments, the Government reiterates its reference to measures introduced by the Law on Employment to avoid potential abuses from the services provided by the Lithuanian Labour Exchange (LLE), such as supplementing the definition of unemployed persons as well as discontinuing job rotation and measures of support for self-employment. The Government further indicates that, following the introduction of new amendments to the Law on Employment in February 2018, vocational training under the “Programme on Increasing Employment” has been extended to employees who seek to change profession and employer. This extension is tailored to individuals in order to create new career opportunities. The Government adds that this measure does not apply to employees who remain employed by the same employer. Moreover, the Government refers to the implementation of active labour market policy measures, particularly the promotion of employment under apprenticeship and internship contracts, and the recognition of competences acquired through non-formal and informal learning to promote lifelong learning. The Committee notes, however, that, according to the 2019 European Commission report “Recommendation for a Council Recommendation on 2019 National Reform Programme of Lithuania”, in 2018, the participation in adult learning was at 6.6 per cent, well below the EU average of 11.1 per cent. The report highlights that there are persistent skills’ shortages and mismatches. In this regard, it points out, among other challenges, the need to modernize vocational education and training and to improve its responsiveness to the needs of local and regional labour markets, and to ensure an effective and easily accessible adult learning, re-skilling and upskilling measures, together with the provision of social services (document COM (2019) 515 final, paragraph 11). Furthermore, the Government refers to the implementation of measures, in the framework of the Action Plan for Promoting Non-discrimination for 2017–2019, with the support of the European Social Fund (ESF) to promote non-discrimination and equality in employment, such as the project “Change in Business, Public Sector, and the Society – New Standards to Combat Discrimination” until April 2020, and the project “National minorities’ inclusion in the labour market” until January 2021. Trainings and educational events for employers and their representatives on equal opportunities and non-discrimination are also being implemented. On 27 July 2018, it was adopted the new 2018– 2021 Action Plan Implementing the National Programme on Equal Opportunities for Women and Men for 2015–21. The Committee further notes the detailed information provided by the Government concerning the different information and counselling services provided by the employment services and its impact on creating employment. With regard to employment trends, the Committee notes that, according to the Official Statistics Portal, in 2019, before the onset of the COVID-19 pandemic, the employment rate among those aged 15 to 64 was 73 per cent (73.5 per cent for men and 72.5 per cent for women), and the overall unemployment rate was 6.3 per cent (7 per cent for men and 5.5 per cent for women). In 2020, the unemployment rate increased to 8.5 per cent (9.3 per cent among men and 7.7 per cent among women). The Committee requests the Government to continue to provide detailed updated information on the impact of the active labour market policy measures taken with a view to reducing unemployment, particularly among the target groups identified in the Law on Employment No. XII-2470, those measures taken to address persistent skills shortages and mismatches. The Committee further requests the Government to continue to provide detailed updated information on the nature and impact of the measures taken under the National Programme on Equal Opportunities for Women and Men 2015–21. It also requests the Government to continue to provide updated statistical information, disaggregated by age, sex and region, on the current situation and trends regarding the active population, employment, unemployment and underemployment throughout the country.

Regional development. In reply to its previous comments, the Committee notes the information provided by the Government concerning the measures implemented to increase employment in regions with high unemployment rates. The Government refers to the implementation of a pilot project of employment promotion and motivation services for unemployed persons and social support recipients in six different municipalities. It adds that the aim of the project is to facilitate the transition of long-term unemployed persons into employment and to harmonize the employment promotion and motivation services with the social assistance services. The Committee notes, however, that according to the 2019 report of the European Commission (COM (2019) 515 final, paragraph 17), regional disparities in Lithuania are wider than the EU average and have been increasing over the past two decades. The European Commission indicates in its report that the benefits of Lithuania's speedy economic convergence are heavily concentrated in the two metropolitan areas. There are significant socio-economic disparities within the country. The Committee notes that, according to the Official Statistics Portal, in 2020 the unemployment rate was particularly high in Tauragė (11.9 per cent), Utena (15 per cent), Alytus (11.6 per cent), Marijampolė (10.8 per cent), Panevėžys (10.3 per cent); in comparison with the unemployment rate in Vilnius (6.8 per cent), Klaipėda (6.6 per cent), and Telšiai (7.6 per cent). The Committee requests the Government to continue to provide detailed updated information on the results of the measures implemented to increase employment rates in underserved regions.

Youth employment. In response to the Committee’s previous comments, the Government refers to the continuation of the implementation of the Youth Guarantee (hereafter – YG) with the objective of enhancing youth integration in the labour market. As part of the YG early intervention activities, the Government refers to the participation of 37, 447 young unemployed persons not in education, employment or training (NEETs) and 7 422 inactive NEETs in the project "Discover Yourself" (implemented until September 2018). The Government adds that those participants of the project “Discover Yourself” who did not receive unsubsidized job offers, were offered participation in the secondary intervention project “The New Start” (implemented until November 2019). The Government reports that from December 2015 to December 2018, 154,000 participants successfully completed the participation in the activities of the project, and that 66 per cent were employed after the participation in project activities. The Committee notes that, according to the 2020 report of the European Commission on the YG, the Lithuanian YG scheme covered 51.6 per cent of NEETs aged under 25 in 2018, a substantial increase from 2017 (+15.3 pp), bringing the coverage rate well above the EU average of 38.9 per cent. The report also points out that over half (55.9 per cent) of those leaving the YG scheme in 2018 were known to be in a positive situation 6 months later. However, longer term follow-up data provide a mixed picture but tend to suggest that not all outcomes are sustained over longer periods. The Government indicates that the YG provides comprehensive, consistent support to young people in a more complex situation, which includes not only basic social and job skills, vocational training, but also integration and retention in the labour market. Lastly, the Government indicates that there are currently 38 Youth Job Centres (YJC) in Lithuania, which have strong partnerships with, among other actors, employers, entrepreneurship organisations, local municipalities, and universities. The Committee notes the statistical information provided by the Government with respect to the number of beneficiaries of the different services provided by the YJC between 2016 and 2018. The Committee further notes that, according to the Official Statistics Portal for Lithuania, in 2019 the employment rate among those aged 15 to 24 was 32.9 per cent, while the unemployment rate was 11.9 per cent. Following the onset of the COVID-19 pandemic, the unemployment rate increased to 18.9 per cent in June 2020 (16.7 per cent among young women and 20.5 per cent among young men). The Committee requests the Government to continue providing updated detailed information on the measures adopted to reinforce programmes to facilitate the labour market integration of young persons and the impact of these programmes, as well as specific measures taken to mitigate the impact of the pandemic on young persons’ access to sustainable employment. It also requests the Government to continue providing statistical information on trends in youth employment, disaggregated by sex and age.

Long-term unemployed, refugees, less qualified and older workers. In reply to the Committee’s previous comments, the Committee notes the Government’s indication that, in January 2019, long-term unemployed persons made up 25 per cent of all unemployed persons. It further notes the statistical information provided by the Government concerning the impact of the projects “Improving the Competencies of Unqualified Persons” and “Support for the Employment of the Long-Term Unemployed”. The Committee also notes the launching of the project “TAPK - Creating Your Future Prospects” in December 2017, which includes activities to promote the integration into the labour market of the less qualified and the long-term unemployed, such as vocational training, subsidized employment, apprenticeships and internships. With respect to the measures adopted to promote employment among older workers, the Committee notes the information provided by the Government on the impact of the projects “Support for the Older Unemployed” and “Take the Opportunity” (launched in December 2017). The Government reports that in 2018, the unemployment rate of persons aged over 50 was 25 per cent. Moreover, the Committee notes that, according to the Description of the conditions and procedure for the implementation of the Employment Support Measures No. A1-348 approved on 30 June 2017, persons holding refugee status or having been granted subsidiary or temporary protection, are eligible to receive vocational training, support for the acquisition of work skills and for mobility and to benefit from subsided employment (apprenticeships). The Committee requests the Government to continue to provide detailed updated information on the nature and impact of the measures adopted to enhance job opportunities for the long-term unemployed, refugees, less qualified and older workers.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 3(2). Legal status. Practical application. In response to the Committee’s previous comments, the Government once again refers to EU Directive No. 2006/123/EC on the provision of services in the internal market, which came into force for Lithuania on 5 January 2010, reiterating that private employment agencies in Lithuania are treated like other service countries and thus operate without a license. The Government reports that section 30 of the Law on Employment defines employment placement services, establishes private employment agencies’ obligation to report to the Labour Exchange Service and sets the eligibility criteria for such agencies. It also refers to Order No. V-560 of 21 November 2018, as amended on 29 August 2019 (Order No V-378), which provides that natural and legal persons or other organizations providing employment mediation services are required to submit information to the Labour Exchange at specific intervals, informing of : (i) their status (within one month of commencing operations); (ii) their activities and the services offered (annually); and (iii) their intention to provide employment intermediation services to third-country nationals prior to providing such services . The Committee notes that, from 2015 to 2018, the number of private employment agencies that reported to the Labour Exchange decreased from 122 to 80, declining to 35 in the first half of 2019. The Committee requests the Government to indicate the reasons for the decline in the number of private employment agencies reporting to the Labour Exchange. It also requests the Government to continue to provide detailed updated information on the manner in which the Convention is applied, indicating the number of private employment agencies operating in the country, the number of workers covered by the measures taken to give effect to the Convention, extracts from inspection reports, the number and type of violations detected and the sanctions applied (Part V of the report form).

Article 6. Processing of personal data. The Government indicates that according to the Law on the Legal Protection of Personal Data, employers may collect a jobseeker’s personal data with respect to qualifications, professional experience, and related subject matter from the former employer only after informing the jobseeker, and from the current employer only with the jobseeker’s consent. The Government indicates that jobseekers’ personal data is protected under the Law on Legal Protection of Personal Data of the Republic of Lithuania and General Data Protection Regulation (ES) No. 2016/679, which require the Labour Exchange and private employment agencies to put in place an approved personal data protection policy. The Committee requests that the Government provide specific updated information on the manner in which this personal data is protected and ensures respect for workers’ privacy, as contemplated in Article 6(1) of the Convention.

Article 8. Protection of migrant workers. In response to the Committee’s previous comments, the Government indicates that the Labour Exchange does not inspect private employment agencies, as they are subject to supervision by the general labour inspection services. Complaints of potential abuse and fraudulent or illegal activities of private employment agencies are to be reported to the enforcement authorities (either the police or the State Labour Inspectorate). The Committee further notes that in 2018, pursuant to the Action Plan 2018–2020 on the Integration of Foreigners into Society, 95,000 publications on workers’ rights were disseminated to migrants in different languages, including Russian, Ukrainian and English. The Committee requests the Government to continue to provide updated detailed information on the nature and impact of measures taken to provide adequate protection and prevent abuses of migrant workers placed in Lithuania by private employment agencies. In addition, the Committee reiterates its request that the Government provide information on any bilateral agreements concluded with respect to the placement of migrant workers mediated from abroad, as well as Lithuanians mediated for work abroad (Article 8(2)).

Articles 11 and 12. Ensuring adequate protection and allocation of responsibilities. The Committee notes the Government’s indication that, pursuant to section 75 of the Lithuanian Labour Code, where temporary workers are placed in a user enterprise, the latter is required to ensure that the general labour law and collective agreements applicable to its workers are also applicable to the temporary workers. In addition, section 78 of the Labour Code requires user enterprises to notify temporary workers in writing of the legislative provisions governing their working conditions before they undertake their duties. User enterprises are also required to inform temporary workers of vacant positions that arise, and to take steps to safeguard the temporary worker’s safety and health at work. The Committee requests the Government to provide information on the implementation in practice of the provisions of the Labour Code cited above, including copies or extracts of administrative or judicial decisions in this respect. The Committee also invites the Government to provide information on law and practice, including extracts of legislative provisions regulating private employment agencies that provide services both domestically and in a cross-border context.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes with interest the comprehensive information provided in the Government’s report concerning cooperation activities such as joint seminars, workshops and cooperation agreements between the Lithuanian Labour Exchange and private employment agencies. The Labour Exchange also holds periodic job fairs with the involvement of private employment agencies. The Labour Exchange organizes trainings for private employment agencies and employers, such as a seminar held in 2019 by the Labour Exchange, together with the State Inspectorate and the Migration Department of the Ministry of Interior for private employment agencies, employers and other stakeholders, on the employment of migrant workers in Lithuania. The Government refers to training provided by the Lithuanian Labour Exchange to employers, including a 2015 training aimed at promoting employers’ engagement in social responsibility activities through the employment of persons with disabilities in which 11 PEAs and 272 employers participated. The Labour Exchange, together with private employment agencies, also carry out workshops for job seekers to enhance their job search skills. The Committee requests the Government to continue to provide updated information on the manner in which efficient cooperation between the Lithuanian Labour Exchange and private employment agencies is promoted.

Articles 1, 7 and 9 of the Convention. Contribution of the employment service to employment promotion. Specific groups. Employment service staff. The Government reports that amendments introduced in 2018 to the Law on Employment and related legislation restructured the former public employment service provider – the Lithuanian Labour Exchange – together with its territorial units, into a single legal entity: the Lithuanian Employment Services. It indicates that the restructuring was carried out to make services more responsive to socio-economic changes and improve the quality of services for both jobseekers and employers. In this context, the Committee notes the Government’s indication that persons excluded from the labour market need not only active labour market programmes, but also measures to remove barriers to social inclusion and provide personalized complex social services. The Government adds that the reorganization was impacted by the European network of public employment services’ benchmarking initiative and that feedback from external assessments was taken into account in planning and implementing the changes. The main changes include: a reduced number of separate legal entities (from 11 to one); an increase in the number of client service divisions to 70; consolidation of human resources leading to a 13 per cent increase in the number of employees providing direct services to clients; and the provision of specialized consultants for specific groups, such as persons with disabilities, soldiers and the long-term unemployed. The Committee further notes the detailed information provided by the Government concerning the labour market assessments and forecasts, as well as employment support services provided by the Lithuanian Employment Services.

In response to the Committee’s 2015 direct request, the Government reports that the number of unemployed persons registered with the public employment services stood at 263,569 in 2014, decreasing to 253,697 in 2018. It indicates that labour demand remains high, with the number of job vacancies notified increasing from 226,624 in 2014 to 228,404 in 2018. The Committee notes the Government’s indication that the number of employed persons has been decreasing due to labour shortages in certain professions. The number of employed persons among registered jobseekers has been decreasing since 2015, from 69.7 per cent of registered jobseekers in 2015 to 66.5 per cent in 2018. The number of participants benefitting from active labour market policy measures has also declined, from 59,156 in 2014 to 41,008 in 2018. The Committee requests the Government to continue to provide updated detailed information, including statistical data disaggregated by age and sex, on the nature and impact of the labour market measures implemented by the Lithuanian Employment Services, particularly on their contribution to the effective promotion of full, productive and freely chosen employment in the country. It further requests the Government to provide detailed information on the nature and impact of measures taken by the Lithuanian Employment Service to remove barriers to social inclusion and provide personalized social services for jobseekers who face particular difficulties in accessing the labour market. The Committee also requests the Government to provide information on the measures taken to provide specialized training to employment service officials to enable them to provide services tailored to the concerns of specific groups, such as persons with disabilities, soldiers and the long-term unemployed, among others.

Article 3 of the Convention. Development of employment offices throughout the territory. Youth Job Centres. The Committee notes that, with the creation of the Lithuanian Employment Services in 2018, the number of client service divisions was increased and emphasis has been placed on the role of regional offices instead of only on offices in the largest cities. It further notes the detailed information on Youth Job Centres, provided by the Government in response to the Committee’s previous comments. The Government indicates that the youth employment network has expanded to 45 Youth Job Centres covering almost all municipalities. The Centres provide counselling and support to young people under the age of 29 through numerous activities, such as provision of individual tailored support, group counselling, informative career and education events, cooperation with education providers and employers, job search assistance and business start-up support. The Youth Job Centres work in cooperation with a range of municipal, non-governmental and private stakeholders, including local employers, operating in an informal environment in order to attract more young people. The Government reports that, in 2018, 79,100 jobseekers received information and counselling services from the Youth Job Centres, and an additional 35,100 received such services in the first half of 2019. The Centres provided 24,000 individual consultations on job vacancies, studies and career choices in 2018, and an additional 11,700 in the first half of 2019. In addition, 32,400 young people were consulted by phone, email or internet in 2018, and 8,500 in the first half of 2019. The Committee requests the Government to continue to provide updated detailed information on the functioning of the Youth Job Centres, including statistical data disaggregated by age and sex. The Committee further requests the Government to provide updated detailed information on the nature and impact of the services provided, particularly on their contribution to young people’s access to decent work and sustainable employment.

Article 4. Participation of the social partners. The Committee notes with interest that the 2018 amendments to the Law on Employment led to the creation of a new form of social cooperation under the Lithuanian Employment Services: the Employment Service Council. The Government reports that the Council is composed of nine members (three members from trade unions, three members from employers’ organizations and three members from the Government). The Council’s objective is to consider and submit proposals for: setting priority guidelines for the employment service; drafting employment support programmes; and developing and adopting employment support measures, as well as measures to optimise the efficiency of the service. Meetings of the Tripartite Council are held at least every six months or more often, if necessary, and its decisions are advisory. The Committee further notes the detailed information provided by the Government on the activities of the Tripartite Council, particularly with regard to the concrete measures and policies discussed, including the efficiency of employment promotion programmes offered by municipalities in 2018 and 2019, as well as the introduction of employment promotion programmes and motivation services for unemployed persons and social beneficiaries in six municipalities. The Committee requests the Government to continue to provide updated information on the functioning and concrete activities of the Employment Service, as well as on the impact of the Council’s activities in giving effect to the provisions of the Convention.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments where it noted that since 2011 the gender pay gap had been increasing regularly, the Committee notes, from 2020 Eurostat data, that the gender pay gap in unadjusted form (the difference between the average gross hourly earnings of men and women expressed as a percentage of the average gross hourly earnings of men) decreased from 15.2 per cent in 2017 to 14 per cent in 2018. It further notes, from the statistical information provided by the Government, that, in 2018, the gender pay gap was estimated to be 14.1 per cent in the public sector and 14.2 per cent in the private sector. The Committee notes the Government’s indication, in its report, that the Programme on National Progress for Lithuania for 2014–2020 sets as a specific objective the reduction of the gender pay gap to 7 per cent by 2030. The Government adds that, to this end, it plans to continue the implementation of the measures identified in the Action Plan 2018–2021 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015-2021, namely by: (1) conducting surveys on wage differentials and disseminating their results; (2) organizing awareness-raising campaigns and educational and informational events, including information seminars for target groups (social partners, media, policymakers) on gender pay and pension gaps and their causes in order to resolve issues related to market segregation; and (3) conducting thematic reviews, including pay audits, in order to increase pay transparency and present their results to the Tripartite Council. The Committee further notes the Government’s statement that it will continue to address sectoral and occupational gender labour market segregation. In that regard, the Committee notes, from the statistical information provided by the Government, that, in 2018, women were earning less than men in all types of activities except transport, and storage and construction. The largest gender pay gaps were observed in the financial and insurance sector (37.3 per cent), information and communications (27.8 per cent), human health care and social work (26.9 per cent) and manufacturing (24.8 per cent). In 2018, the average gross hourly earnings in industry, construction and services (excluding public administration, defence and compulsory social insurance) was estimated at €4.95 for women and €5.75 for men. The Committee further notes that in 2017 while women represented 77.1 per cent of the civil servants (excluding statutory), their remuneration was on average 10.3 per cent lower than those of men. The Committee notes that, according to the 2019 European country report on gender equality, the difference between men’s and women’s earnings is largely explained by the concentration of women in low-paid sectors and in certain categories of occupations. According to this report, more recent studies also confirmed that differences in the salaries of men and women are based on unjust and unfair setting of salary rates without considering most of the internal and external factors. Employers are more likely to assign men to more responsible and better-paid job positions, although the educational indicators of women are higher than those of men in today’s society (page 16). The Committee further notes that, in their recent concluding observations, several United Nations (UN) treaty bodies expressed concern about the persistent gender pay gap which results in lower levels of pension benefits and salaries in traditionally female-dominated occupations (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 36; and CCPR/C/LTU/CO/4, 29 August 2018, paragraph 15). Welcoming the recent downward trend observed in the gender pay gap, the Committee urges the Government to pursue its efforts and to provide information on the concrete measures and activities undertaken (in the framework of the Action Plan 2018-2021 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015-2021 or otherwise) to address the gender pay gap, both in the public and private sectors, in particular by addressing occupational gender segregation and promoting women’s access to jobs with career prospects and higher pay. Recalling that section 23(2) of the Labour Code provides that an employer who has more than 20 employees on average must submit to the work council and the trade union, at least once a year, updated information, disaggregated by sex and occupation, on the average pay of employees (except for managerial positions), the Committee asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Articles 3 and 4. Objective job evaluation. Cooperation with workers’ and employers’ organizations. Referring to its previous comments where it noted that, as a result of a survey conducted in 2015 on the implementation of the methodology for the assessment of jobs and positions, the Tripartite Council suggested an updating of the 2005 methodology, the Committee notes the Government’s statement that such methodology has not been reviewed. The Committee recalls that: (1) section 26(2)(3) of the Labour Code provides that an employer shall use uniform job evaluation criteria; (2) section 140(3) provides that remuneration systems are determined by collective agreement or, in the absence of such agreement (in workplaces with an average number of at least 20 employees) that it must be approved by the employer after information and consultation procedures, and be accessible to all employees; and (3) section 140(5) provides that the remuneration system must be designed in such a way as to avoid any gender discrimination or discrimination based on other grounds. It notes the Government’s statement that out of the 259 collective agreements currently in force, only 10 collective agreements contain provisions providing that companies shall ensure fair and competitive wages for all of their employees and avoid any discrimination, in particular on the ground of sex. The Committee observes the lack of information on whether such instruments contain specific provisions on remuneration systems. In that regard, the Committee notes that, according to the 2019 European country report on gender equality, the remuneration systems generally lack transparency as: (1) wages are usually set by individual agreement and not by a collective agreement; and (2) individual wages belong to the sensitive data protected by statutory or contractual confidentiality clauses (page 18). As regards collective agreements, the Committee notes that the Government refers to the implementation, from 2017 to 2020, of the project “Model of Cooperation between Trade Unions and Employers in Developing Social Dialogue” which aims at enhancing social dialogue between employers’ and workers’ organization, in order to produce methodological measures for collective bargaining. In light of the persistent gender pay gap, the Committee urges the Government to provide information on the application of sections 26(2)(3) and 140(3) and (5) of the Labour Code in practice, including by indicating how it is ensured that remuneration systems are based on objective job evaluation methods that are free from gender bias. It further asks the Government to provide information on: (i) any measures taken or envisaged to promote wage transparency; and (ii) any steps taken, in cooperation with the social partners, to promote the principle of the Convention in branch, territorial and enterprise negotiations, and ensure that work in sectors and occupations in which women are predominantly employed is not being undervalued. The Committee again asks the Government to provide relevant extracts of collective agreements containing provisions that reflect the principle of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that: (1) section 26(2)(4) of the Labour Code provides that an employer shall ensure equal pay for work of equal value; and (2) section 140(5) provides that men and women shall receive equal pay for the same or equivalent work. It noted that “equivalent work” means that, based on objective criteria, the work does not require lower qualifications and is not less significant for the employer’s objectives than other comparable work. The Committee notes with regret the lack of information provided by the Government on the application of these provisions in practice. It recalls that, even where the term “work of equal value” is provided for in the legislation, its scope may be narrower than the principle enshrined in the Convention as a result of too restrictive formulations that require work to be an equal level of complexity, responsibility and difficulty, or the same qualifications (2012 General Survey on the fundamental Conventions, paragraph 677). In light of the persistent gender pay gap, the Committee once again asks the Government to provide information on the application in practice of sections 26(2)(4) and 140(5) of the Labour Code, including by providing examples of the manner in which the terms “work of equal value” and “equivalent work” have been interpreted in administrative or judicial decisions.

Article 2. Minimum wages. The Committee previously noted that, under the terms of section 141 of the Labour Code, monthly and hourly minimum wages are determined by the Government upon the recommendation of the Tripartite Council, and can only be paid for unskilled jobs which do not require any specific qualifications or professional skills. Collective agreements may set higher amounts for minimum wages. The Committee notes the Government’s indication in its report that in 2020 the net minimum monthly wage was increased from EUR395 to EUR425, which represents 53 per cent of the amount of the net average wage. It further notes from the statistical information provided by the Government that 10.9 per cent of all workers received the minimum monthly wage in 2018, representing a 2.7 per cent decrease compared with 2017. With regard to collective agreements, the Committee takes note of a national collective agreement signed on 10 July 2020 between the Government and several trade unions providing for wage increases in the public sector. The Committee once again asks the Government to: (i) indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on the basis of objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those in which men predominate; (ii) provide relevant extracts from collective agreements fixing minimum wages; and (iii) provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Article 3. Objective job evaluation. Public sector. The Committee previously noted that the remuneration of workers in the public sector is determined on the basis of the complexity of work, responsibility, working conditions and workers’ qualifications and performance, and that a draft Law on the remuneration of workers in state and municipal institutions was under consideration in order to establish basic wage coefficients. The Committee takes note of the adoption of the Law on Remuneration of Employees and Members of Commissions of State and Municipal Institutions (hereinafter, the Law on Remuneration), which entered into force on 1 February 2017. It notes that the Law on Remuneration classifies jobs in four levels, based on the level of education required, in order to provide equal opportunities for equally educated employees in public institutions to receive fair pay for their work. The Committee notes the Government’s indication that, pursuant to the Law, each institution shall approve its own remuneration system, as each institution is different in the nature of its functions and the number of staff and it would not be appropriate to have the same methodology for different institutions. The remuneration system shall specify employee categories based on position and qualifications, as well as the salary range (minimum and maximum) and the forms of payment for each of them, the grounds and procedures for allocating additional payments (bonuses and allowances) and the procedure for wage indexation. The Government adds that the labour inspectorate provides advice to help institutions develop their own remuneration system. The Committee further notes the Government’s statement that the 2005 methodology for the assessment of jobs and positions implemented by the Tripartite Council has not been reviewed. Such criteria as job difficulty, responsibilities, working conditions and the qualifications of employees are reflected in their job descriptions. The Committee however notes that, according to the 2019 European country report on gender equality in the public sector, even with rigid regulation of wage policies, employers are given broad discretion (pay brackets or a non-transparent system of performance rewards) to decide individually on the exact level of remuneration of individual employees (p. 18). The Committee once again asks the Government to provide information on the methodology used in the civil service and for state and municipal employees to classify and rank different jobs and positions on the basis of the above criteria, such as complexity of work, responsibility, working conditions and workers’ qualifications and performance, and to indicate how it is ensured that this classification does not result in an undervaluation of jobs traditionally held by women. It further asks the Government to provide statistical information on the distribution of men and women in the civil service and in state and municipal institutions, disaggregated by category, and their respective levels of remuneration.

Awareness-raising. Referring to its previous comments, the Committee notes the Government’s indication that during the implementation of the Action Plan for the Promotion of Non-discrimination 2017-19, several education, information and training activities were carried out addressing the gender pay gap. The Government adds that in 2018 the Office of the Equal Opportunities Ombudsman carried out public awareness-raising activities on gender inequality in the public sector. The Committee recalls in this regard that the persistence of significant gender pay gaps requires governments, along with employers’ and workers’ organizations, to take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to continue providing information on the concrete measures taken, including by the Equal Opportunities Ombudsperson, to promote public awareness regarding the persistent underlying causes of pay inequality and the relevant legislative provisions adopted to promote the effective application of the principle of the Convention.

Enforcement. The Committee previously noted that, despite the preparation of a checklist for labour inspectors to ensure equal rights for women and men at work, no case relating to unequal remuneration has been detected by the labour inspectorate or dealt with by the courts. The Committee notes the Government’s indication that in 2018 the State Labour Inspectorate conducted more than 60 inspections in the area of the implementation of equal treatment for women and men in labour relations, of which only one case of wage differentials for the same work or work of equal value was detected. Furthermore, the Equal Opportunities Ombudsperson received only one complaint on unequal remuneration between men and women in 2018, as well as one complaint in 2019. In both cases, the Ombudsperson found that the complaints were unfounded. The Committee wishes to recall that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee asks the Government to provide information on any measures taken to strengthen the capacity of labour inspectors to detect and address unequal remuneration between men and women, as well as to assist workers with the procedures and remedies available. It further asks the Government to continue providing information on any cases or complaints concerning inequality of remuneration detected by or dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the penalties imposed and remedies provided.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that: (1) section 58 of the Labour Code provides that sexual harassment as well as other acts of discrimination, are considered to be severe breaches of labour duties for which an employer has the right to terminate an employment contract without notice and severance pay; and (2) section 6(1) of the Law on Equal Opportunities for Women and Men imposes a duty on employers to protect employees, including civil servants, and jobseekers, from harassment and sexual harassment. The Committee notes the Government’s statement, in its report, that, in 2018, the Office of the Equal Opportunities Ombudsperson adopted internal rules specifying concrete measures to protect employees from sexual harassment or harassment, which can also be used by other institutions and companies who want to ensure the dignity and equality of their employees at the workplace. The Committee however notes the Government’s indication that: (1) Labour Dispute Committees did not dealt with any dispute on sexual harassment; (2) between 2017 and 2019, nine complaints regarding sexual harassment at work were received by the Office of the Equal Opportunities Ombudsperson, of which it was suggested to stop the action in five cases; only one complaint was received in 2019; and (3) in, 2016 and 2017, no case of sexual harassment was detected by the State Labour Inspectorate, while in 2018 only one case of non-respect by the employer of its duty regarding harassment and sexual harassment was identified. In light of the persistent very low number of complaint or cases of sexual harassment, the Committee recalls that the absence or the low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among workers and employers and their organizations, as well as the inadequacy of complaints mechanisms and means of redress (see 2012 General Survey on the fundamental Conventions, paragraph 790). In that regard, the Committee notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the inadequate handling of cases of gender-based violence against women, in particular sexual and domestic violence, by the investigating authorities, such as failure to complete the investigation or to move to criminal prosecution (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 22(c)). It further notes that, according to the 2019 European Commission country report on gender equality, there is no case law related to sexual harassment in the workplace, and that despite some individual efforts to organize social media campaigns, there is a general lack of perception of sexual harassment as a phenomenon, and the victims of possible harassment remain without public, legal and psychological support (page 14). The Committee asks the Government to provide information on: (i) the concrete measures taken, in particular in collaboration with workers, employers and their respective organizations, (ii) measures taken to prevent and address sexual harassment at work, in particular by raising awareness of section 58 of the Labour Code and section 6(1) of the Law on Equal Opportunities for Women and Men; and (iii) any case of sexual harassment and occupation dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the sanctions imposed and remedies provided.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee previously noted the adoption of Law No. XII-2470 on Employment, 2016; the National Social Integration Programme of the Disabled Persons for 2013–19; as well as of a vocational rehabilitation programme which provided for several subsidies and support measures for the employment and vocational rehabilitation of persons with disabilities. It notes the Government’s indication that, in December 2018, amendments were introduced to the Law on Equal Opportunities for Women and Men in order to establish the Commission for the Monitoring of the Rights of Persons with Disabilities, responsible for monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities and make recommendations to improve the national legislation and public policies. The Committee notes the Government’s statement that 2,214 persons with disabilities participated in vocational rehabilitation services from 2015 to 2018. The Government adds that, from 2016 to 2018, discussions were held on the way to improve the quality and efficiency of vocational rehabilitation services. As a result, a booklet about quality standards for vocational rehabilitation was developed. The Committee notes that several projects were implemented, in the framework of the National Programme for the Social Integration of Persons with Disabilities for 2013–2019, such as: (1) a persons with disabilities’ day; and (2) the employment of people with disabilities in various craft society clubs where they can learn how to make various goods, and develop craft and artistic skills in social clubs. It further notes the Government’s indication that the Programme anticipates promoting greater employment of people with disabilities, in particular through: (1) active labour market policy measures including subsidized employment and employment by social enterprises; (2) enhancement of self-employment; and (3) vocational training and professional rehabilitation. The Government adds that it is anticipated that, consequently, the number of the persons with a disability in employment will increase by one fifth. The Committee notes that, in its 2019 concluding observations, the CEDAW expressed concern about the existence of multifold obstacles to employment for women with disabilities (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 42). It further notes, from the statistical information provided by the Government that, between 2017 and 2019, the Office of Equal Opportunities Ombudsperson received 22 complaints concerning discrimination on the ground of disability in employment. The Committee asks the Government to continue to provide information: (i) on the measures taken to promote equality of opportunity and treatment for persons with disabilities in order to enhance their access to vocational training and employment, as well as on their impact in practice; (ii) on the activities of the Commission for the Monitoring of the Rights of Persons with Disabilities implemented to that end, as well as on any recommendations made to improve the national legislation or public policies; and (iii) on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Article 1(2). Inherent requirements of the job. The Committee previously noted that: (1) section 9 of the Law on Civil Service requires a good command of the state language to be admitted to the position of civil servant; (2) requirements regarding religion can be imposed for the staff of religious communities, societies and centres; and (3) section 6(5) of the Law on Equal Opportunities for Women and Men provides that a different treatment between men and women is not deemed to be discriminatory when a certain job can be performed only by a person of a particular sex where, due to the nature of a specific professional activity or the conditions of its fulfilment, the sex of the person is an essential (unavoidable) and determinant professional requirement. The Committee notes with regret the repeated lack of information provided by the Government on the implementation of these provisions. It further notes the Government’s indication that no statistical information is available on the number and positions of persons from national minorities recruited as civil servants since adoption of the Law on Civil Service. Recalling that the concept of inherent requirements must be interpreted restrictively so as to avoid undue limitation of the protection provided by the Convention, the Committee again asks the Government to: (i) indicate how it is ensured that language requirements do not in practice deprive ethnic minority groups of equality of opportunity and treatment in respect of their employment in the civil service; and (ii) provide examples of cases where the sex of a person or his or her religion has been considered to be an inherent requirement of a particular job, under national legislation or in practice.

Article 2. National equality policy. Referring to its previous comments regarding the adoption of an Inter-institutional Action Plan for the Promotion of Non-discrimination for 2015–20, the Committee notes that such plan was formally discontinued at the end of 2016 and replaced in May 2017 by an Action Plan for the Promotion of Non-discrimination for 2017–2019. In that regard, it notes the Government’s statement that the action plan for 2017–2019 includes several measures which aim at improving the legal framework, the inter-institutional cooperation, as well as public awareness, education and research on non-discrimination and equal opportunities, including in collaboration with the Office of the Equal Opportunities Ombudsperson, in order to reduce discrimination in the labour market. The Government adds that, in 2018, the Ombudsperson launched a website on equality plans for employers and carried out a number of activities to promote equal opportunities in the labour market. Furthermore, in 2019, an initiative called “Wings of equal opportunities” was launched to reward companies and organizations for their proactive work in the field of equal opportunities. The Committee asks the Government to: (i) continue to provide information on the concrete steps taken, in particular in the context of the Action Plan for the Promotion of Non-discrimination for 2017–2019 or any similar plan adopted as a follow-up, in order to effectively promote equality of opportunity and treatment in employment and occupation, with respect to all of the grounds covered by the Convention, and address discriminatory practices; and (ii) provide information on any assessment made of the impact of such actions.

Enforcement. The Committee notes the Government’s indication that a checklist on equal rights for women and men in employment was developed by the State Labour Inspectorate to assist labour inspectors. The Government adds that the State Labour Inspectorate also organized educational seminars and consultations regarding gender equality in employment. The Committee notes the Government’s indication that in 2016 and 2017 no violation was found by the State Labour Inspectorate, whereas seven violations were identified in 2018 regarding the lack of implementation of equal opportunities policies. Furthermore, between 2017 and 2019, the Office of the Equal Opportunities Ombudsperson received 196 complaints alleging discrimination in employment, for which violation was detected in 43 cases. The Committee asks the Government to continue to provide information: (i) on any measures taken or envisaged to promote the enforcement of the principles of the Convention; and (ii) on any cases of discrimination in employment and occupation dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the sanctions imposed and remedies provided.

Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. The Committee previously noted the persistence of occupational gender segregation and discriminatory attitudes concerning men’s and women’s roles at work and requested the Government to provide information on: (1) the steps taken, including in the context of the National Programme on Equal Opportunities for Women and Men 2015–21 and its accompanying Action Plan 2015–17, to effectively reduce occupational gender segregation and promote equality of opportunity and treatment of men and women in employment and occupation, including in recruitment, as well as on the results achieved; and (2) the distribution of men and women in employment, disaggregated by economic sector and occupation. The Committee notes the Government’s statement in its report that the Action Plan 2018–21 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015–21 continues to support initiatives aimed at: (1) addressing gender stereotypes and segregation, as well as its causes and consequences, including through the exchange of good practices; (2) addressing gender segregation in education; and (3) disseminating information on equal opportunities in employment for the social partners. The Committee notes from the statistical information provided by the Government that in 2018 women accounted for 47.2 per cent of employed persons (compared with 52.8 per cent of men) and 45.3 per cent of participants who benefited from active labour market policy measures (compared with 54.7 per cent of men). In this regard, it notes from Eurostat data that the employment rate of women increased from 75.5 per cent in 2017 to 77.4 per cent in 2019 (compared with 79 per cent for men in 2019), and is one of the highest employment rates of women of the countries of the European Union. The Committee welcomes this information. It however notes from the statistical data of the European Institute for Gender Equality (EIGE) that the share of women on the boards of the largest publicly listed companies fell from 14 per cent in 2010 to 12 per cent in 2019. The Committee notes, from the Government’s 2019 report under the national-level review of implementation of the Beijing Declaration (the Beijing+25 national report), that despite increased attention in the area of gender equality, violations of equal opportunities for women and men are still noticeable in many areas, and gender segregation in the labour market remains a reality. Indeed, while nearly 27 per cent of women compared to 6 per cent of men work in education, human health and social work activities, there are four times more men (31 per cent) than women (8 per cent) who work in science, technology, engineering and mathematics (STEM) occupations. The Government adds in the Beijing+25 report that gender equality in educational attainment and participation has improved slightly, while the situation concerning segregation in study fields remains a challenge, as 37 per cent of women students are still concentrated in the fields of education, health and welfare, humanities and the arts. The Committee recalls that, under section 26(6) of the Labour Code, employers with an average number of more than 50 employees are required to adopt and publish the measures implementing and enforcing the principles of the equal opportunities policy. It however notes, from the Government’s Beijing+25 report, that in the companies inspected by the State Labour Inspectorate this requirement was generally not implemented. It further notes that, in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at: (1) the persistence of discriminatory gender stereotypes and calls for adherence to traditional roles and values for women, including in the media, as noted in the survey conducted by the Equal Opportunities Ombudsperson; (2) that the Law on Strengthening Families may reinforce discriminatory stereotypes regarding the roles and responsibilities of women and men in family and society; and (3) vertical and horizontal occupational gender segregation (CEDAW/C/LTU/CO/6, 12 November 2019, paragraphs 20 and 36). The Committee urges the Government to strengthen its efforts to effectively address stereotypes of the roles and responsibilities of women and men in the family and in society, as well as occupational gender segregation. In this regard, the Committee requests the Government to provide information on: (i) the measures taken to promote equality of opportunity and treatment for men and women in education, employment and occupation, particularly in the framework of the Action Plan 2018–21 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015–21; (ii) any assessment made of the impact of such measures, as well as the application of section 26(6) of the Labour Code in practice; and (iii) the distribution of men and women in employment, disaggregated by economic sector and occupation.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Roma. Referring to its previous comments concerning the persistent discrimination against the Roma in education and employment, the Committee notes the Government’s indication that the integration of the Roma into the labour market is enhanced through: (1) the implementation of general measures which fall under the responsibility of the Lithuanian Labour Exchange; and (2) the implementation of specific projects dedicated to the integration of the Roma into the labour market. In this regard, the Government refers to the Project “Working with the Roma: New job opportunities and challenges”, implemented in collaboration with representatives from the Roma community, as a result of which, 40 persons participated in 2018 in a general skills development process, including language classes, and 78 persons started searching for a job or studying to become employed or self-employed. The Committee notes the Government’s statement that one of the major obstacles identified for the integration of the Roma into the labour market is the lack of basic education, and that the distance education services provided by the Roma Community Centre only partially address this situation. Referring to its previous comments concerning the adoption of an Action Plan for Roma Integration into Lithuanian Society for 2015–20, the Committee however regrets the lack of information provided by the Government on its implementation. The Committee further notes that, in their recent concluding observations, several United Nations treaty bodies have expressed concern at: (1) the persistent stereotypes, prejudice and intolerance against the Roma which lead to discrimination in the fields of education and employment; (2) the persistent low literacy rates among the Roma compared with the general population; (3) the persistent low proportion of Roma children and young people completing basic education and the decrease in the number of the Roma with secondary and higher education; as well as (4) the low employment rate of the Roma, particularly Roma women (CERD/C/LTU/CO/9-10, 7 June 2019, paragraph 17, and CCPR/C/LTU/CO/4, 29 August 2018, paragraph 7). The Committee notes this information with concern. It further notes from the statistical information provided by the Government that among the complaints concerning discrimination on the grounds of race, nationality, language, origin, ethnicity and citizenship received by the Office of Equal Opportunities Ombudsperson from 2017 to 2019, 11 concerned employment and 10 education. The Committee however observes that such information does not relate specifically to the Roma. It further notes that, according to the 2019 European Commission country report on non-discrimination, no cases of discrimination against the Roma were brought to the courts from 2015 to 2018, and no complaints regarding discrimination against the Roma were brought to the Equal Opportunities Ombudsperson or started by the Ombudsperson in 2018. The Committee urges the Government to strengthen its efforts to combat stigma and discrimination against the Roma, including through awareness-raising campaigns against stereotypes and prejudice, in order to effectively ensure equality of opportunity and treatment in education, employment and occupation for the Roma community. It asks the Government to provide information on: (i) the specific measures taken to that end and on any assessment made of their impact, as well as on any new action plan elaborated as a follow-up to the Action Plan for Roma Integration in Lithuanian Society 2015–20; and (ii) the participation of the Roma in education and vocational training courses, as well as in the labour market.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Articles 1, 2, 3 and 5 of the Convention. Implementation of vocational education and training policies and programmes. Cooperation with the social partners. The Government refers to its National Education Strategy (2013–22) which defines vocational guidance as a strategic priority and to its Action Plan on Lifelong Learning Development 2017–20. The Government indicates that challenges faced by the career guidance system include the need for better access to quality vocational guidance services, developing the system of training and professional development of career counsellors, and ensuring quality and sustainable funding of vocational guidance services. The Committee notes the range of vocational guidance and training services provided to unemployed persons and employed individuals who wish to change jobs or develop their career, as well as the informal vocational training programs available. It also notes the range of general, occupational and psychological counselling services provided to those jobseekers registered with territorial labour exchange offices. The Government indicates that, from 1 July 2017 to 30 June 2018, vocational information and guidance services were provided to 35,000 jobseekers. The Committee notes, with interest, the significant increase in the number of participants in vocational training from 8,697 persons in 2012 to 21,457 persons (both unemployed persons and individuals in employment seeking to change their qualification and job position) during the period from mid-2017 to mid-2018. The Committee notes that of this number, 44 per cent were women, 23 per cent were young persons under 25, 20 per cent were long-term unemployed persons and 3 per cent were persons with disabilities. The Government adds that, in 2017, 34,000 young persons participated in 7,889 vocational guidance events organized by Youth Job Centres. Regarding consultations with the social partners, the Government reiterates the information provided in its previous report and further indicates that the social partners are involved in the formulation of vocational training policy through the Sectorial Vocational Committees, advisory bodies responsible for coordinating strategic issues concerning the qualification, formation and vocational training related to particular economic sectors of activity. The Committee requests the Government to continue to provide detailed updated information on the implementation and outcomes of vocational guidance and training policies and programmes, including information on the manner in which informal vocational training is recognized. In particular, the Committee requests the Government to provide statistical data disaggregated by sex and age, indicating the average amount of time within which trainees secure employment after completion of the vocational guidance and training programmes, indicating the percentage of full-time and part-time guidance. It also requests the Government to provide information on the measures taken or envisaged to address the challenges encountered in implementing the vocational guidance system. The Committee requests the Government to provide information on the impact of the measures adopted to develop and promote lifelong learning. The Committee requests the Government to provide detailed up-to-date information on the vocational guidance and training measures targeting specific categories of persons, particularly persons with disabilities and young persons. Moreover, the Committee requests the Government to provide specific information on measures taken to promote the cooperation and engagement of employers’ and workers’ organizations and other interested bodies in the formulation and implementation of vocational guidance and training policies and programmes. The Government is requested to communicate extracts from reports, studies and inquiries and statistical data relating to the application in practice of the provisions of the Convention (Part VI of the report form).

Articles 2 and 5 of the Convention. National policy concerning nursing services and nursing personnel. Consultations. The Committee takes note of the Government’s report, much of which reiterates information provided in its previous report. The Committee understands that, according to the OECD Reviews of Health Systems: Lithuania 2018 (the 2018 OECD Review), Lithuania has achieved a profound transformation of its health system after declaring independence in the early 1990s. The 2018 OECD Review indicates that the organization and governance of the system is typical of many European countries and has remained stable over the past two decades, with an appropriate set of policy directions having been consistently pursued over time. Health is a prominent inter-sectoral priority that cuts across Lithuania’s main strategic planning documents; for example, the objective of “Health for All” is one of three horizontal priorities established in the country’s national development strategy: “Lithuania 2030”. Its implementation is governed by a specific inter-sectoral action plan coordinated by the Ministry of Health. In its previous comments, the Committee noted the establishment of a new Health Programme 2011–20 and requested the Government to provide information on its implementation and impact, particularly on the quality of nursing services and the employment conditions of nursing personnel. The Review notes that overall, no systematic tools are in place to assess future needs and gaps, or to evaluate the impact of future policies. The Government reports on indirect measures that, in its view, have had a positive impact on improving the quality of nursing care services. In this respect, the Government refers to the annex that forms part of the Collective Agreement of the National Health System of Lithuania, 31 August 2018, No. 2/S-133, which provides for the allocation of €100 million to increase wages for healthcare professionals as of May 2018. It adds that, depending on educational level, the fixed portion of the basic salary for nursing personnel may not be less than 60–70 per cent of the fixed portion of the basic salary for physicians. The Government also refers to the annex that forms part of the Collective Agreement of the National Health System of Lithuania, which entered into force in January 2019 and focuses on improving the working conditions of healthcare specialists. It takes note of the report on the State of Health in the EU Country Health Profile 2017 on Lithuania (2017 Health Status Profile), prepared by the OECD and the European Observatory on Health Systems and Policies, and available on the website of the European Commission. According to the 2017 Health Status Profile, despite the large emigration of health workers since it joined the EU in 2004, Lithuania has retained a higher number of physicians per capita than the EU average (4.3 per 1000 population compared to 3.6), mainly by increasing the number of graduates. On the other hand, the ratio of nurses to the population (7.7), is below the EU average of 8.4. Main health system challenges include the uneven distribution of physicians across the country, the aging of the health workforce and emigration. The 2017 Health Status Profile indicates that a number of new policies have been put in place to increase the number of nurses and strengthen their role in health services, especially in primary care. Specialist nurse training has been initiated, for example in diabetes and cardiology, where new positions for chronic patient groups have been introduced. The Government indicates that measures aimed at regulating the provision of personal healthcare services are designed to regulate the workload of healthcare professionals with the aim of achieving a 1:2 ratio of doctors to nurses. The Committee also notes that, according to the 2017 OECD Profile, since joining the EU in 2004, Lithuania has experienced large migration outflows of health workers, particularly of nursing personnel, who emigrate abroad in search of better pay and working conditions. It notes that this situation remains a challenge for the country and understands that according to the OECD STAT database, 26,078 nurses migrated abroad in 2018. The Committee requests the Government to provide up to-date information on the implementation and impact of the national Health Programme 2011–20, particularly with respect to improving the quality of nursing services and the employment conditions of nursing personnel. It also requests the Government to provide information on the content, status and impact of the inter-sectoral action plan coordinated by the Ministry of Health, as well as on the allocation of €100 million to increase wages for healthcare professionals pursuant to the Collective Agreement of the National Health System of Lithuania. It reiterates its request that the Government provide detailed, updated information concerning current trends in respect of nursing migration from Lithuania and any measures taken or envisaged to retain nursing personnel, measures in relation to education, vocational guidance and training, as well as in relation to working conditions, including career prospects and remuneration. The Committee also requests the Government to provide information on measures taken or envisaged to ensure the active participation of nursing personnel in the development, implementation and monitoring of policies and general principles regarding the nursing profession.

Part V of the Report Form. Application in practice. The Committee requests the Government to provide detailed updated information, disaggregated by age, sex and region, concerning the situation of nursing personnel in the country, the nurse-population ratio, the number of nursing personnel broken down by those working at public and private healthcare establishments, and the number of those who leave the profession each year and to provide copies of any recent reports or studies addressing nursing-related issues.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes the observations of the Lithuanian Seafarers Union (LSU) received by the Office on 24 August 2018. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Lithuania on 18 January 2017 and 8 January 2019, respectively. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee previously noted that section 2(10) of the Maritime Shipping Law of 12 September 1996 excludes from its scope of application persons whose principal work is being performed ashore and who perform only temporary work on board that is unrelated to daily operations of a ship. It requested the Government to provide information on the specific categories of persons covered by this provision, as well as on the consultations with the social partners required by Article II, paragraph 3, of the Convention. The Committee notes that the Government provides no new information in this regard. It also notes that, according to the observations of the LSU, the above-mentioned determination is “very abstract and questionable” as problems may arise for categories such as repairmen performing work while ship is on voyage, or security guards on ferries, including the question of their coverage under applicable collective agreements. The LSU adds that none of the consultation procedures required by the MLC, 2006, has taken place yet. The Committee recalls that under Article II, paragraph 3, in cases of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of the Convention, the question shall be determined by the competent authority after consultation with the shipowners’ and seafarers’ organizations concerned. It requests the Government to provide further information on the categories of workers who “perform only temporary work on board that is unrelated to daily operations of a ship” pursuant to section 2(10) of the Maritime Shipping Law and to carry out the consultations required under Article II, paragraph 3, of the Convention.

Article V. Enforcement. In its previous comments, the Committee requested the Government to indicate the provisions of laws and regulations or other measures, which prohibit violations of the requirements of the Convention and establish sanctions or require the adoption of corrective measures to discourage such violations. The Committee notes the Government’s reference to various provisions, especially those of the Code of Administrative Offences, which impose penalties for the violation of labour legislation, including standards of living and working conditions on board Lithuanian flagged ships. It also notes the LSU’s allegation that there is no sufficient regulation in Lithuanian legislation to prevent the violation of the MLC, 2006. The LSU indicates that, despite few provisions in the Code of Administrative Offences related to the safety of the shipping at sea, there are no specific regulations and the existing sanctions are not sufficiently dissuasive. For instance, section 401(15) of the Code of Administrative Offences imposes a fine for the shipowner of between €300 and €1,450 and for the master of between €30 and €300 for the breach of the crew living and work conditions, but only if this endangers human health and the ship was detained in the port of Lithuania or abroad. The Committee requests the Government to provide its comments in this respect.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s information in reply to its previous comments that, under section 36(9) of the Law on Safety and Health at Work, work of adolescents (persons from 16 to 18 years of age) is prohibited from 10 p.m. to 6 a.m. and night time for adolescents working on board a ship is a period of nine hours which begins not later than 10 p.m. and finishes not earlier than 6 a.m. The Committee also notes the LSU’s indication that the above-mentioned Law has been recently amended to comply with the requirement of nine hours of working time at night. The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting the Government’s reference to general legislation determining types of work likely to jeopardize the health or safety of young persons under 18 years (Resolution No. 138 of 29 January 2003), the Committee requested the Government to specify how such lists would be adapted to take into account the specific conditions of work on board ships for young seafarers under 18 years of age, and to provide information on consultations with the shipowners’ and seafarers’ organizations concerned, as required under Standard A1.1, paragraph 4. The Committee notes the Government’s reference to the Description of the Procedure for Organizing the Recruitment, Work and Professional Training of Persons Under 18 Years of Age and the Conditions for Child Employment, approved by Resolution No. 518 of 28 June 2017 (Resolution No. 518), which repealed Resolution No. 138 of 29 January 2003 cited above. Resolution No. 518 provides for a list of hazardous types of work/trainings, which may not be undertaken by persons under 18 years. The Committee notes that this list includes: “22.14 Work included into the list of hazardous work approved by 3 September 2002 Resolution No 1386 of the Government of the Republic of Lithuania, except for work on ships”. The Committee notes that Resolution No. 1386 prohibits work for young persons under 18 years of age on ships and other floating equipment as defined in the Law of the Republic of Lithuania on Safe Navigation and in the Code of Inland Waterway Transport of the Republic of Lithuania (section 3.4.4 of the Resolution). The Committee understands from the reading of Resolution No. 518 that it is now possible for young persons under 18 years to perform every type of work, including hazardous work, on ships. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee requests the Government to indicate the measures taken to ensure conformity with Standard A1.1, paragraph 4, in particular with regard to the determination of the list of types of hazardous work for seafarers under 18 years after consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.4 and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. Private services. Requirements. Consultations. The Committee requested the Government to provide information on consultations with the shipowners’ and seafarers’ organizations concerned with regard to the establishment of the system of certification, as well as on the laws, regulations or other measures providing for the minimum requirements concerning the functioning of private seafarer recruitment and placement services. The Committee notes the Government’s reference to section 39(11) of the Law on Maritime Safety, which establishes the key requirements for companies carrying out activities of seafarers’ recruitment, such as (i) to have electronic means to submit data on employment of seafarers to the Lithuanian Register of Seafarers; (ii) to have a cooperation agreement with a shipping company regarding employment of seafarers or other document confirming the intention to conclude such an agreement (including guarantees to ensure the compensation of seafarers for their material losses in case of a company's failure to fulfil an obligation to recruit them, liabilities to pay wages, obligations to return seafarers to their place of residence, if the shipping company left a seafarer at a foreign port); (iii) to have data on seafarers employed and, at a request of the Administration, provide it with such information. The Committee notes the LSU allegations that compliance with most of the MLC, 2006, requirements is left to the agencies “goodwill”. The LSU indicates that, for instance, the agency has simply to “confirm” that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer; the same “confirmation” regarding the non-use of the “blacklists” or other means preventing from employment is deemed sufficient to obtain a licence. Furthermore, the legislation imposes no sanctions for the breach of these declarations. The LSU further indicates that the requirement of Standard A1.4, paragraph 5(c)(vi) (insurance or an equivalent appropriate measure to compensate seafarers for monetary loss) is completely neglected. The Committee recalls that Standard A1.4, paragraph 5, provides for a number of requirements for private seafarer recruitment and placement services, which do not appear to be covered by section 11 of the Law on Maritime Safety, such as the prohibition of blacklisting, the prohibition of charging fees to the seafarer, verifying that seafarers are informed of their rights and duties prior to engagement and that they are qualified and their seafarers’ employment agreements are in conformity with applicable legislation (Standard A1.4, paragraph 5(a), (b), (c)(ii) and (iii)). The Committee requests the Government to provide information on how it gives effect to these requirements of the Convention. With regard to the implementation of Standard A1.4, paragraph 5(c)(vi) (insurance to compensate seafarers for monetary losses), the Committee notes that the guarantee provided by section 11 of the Law on Maritime Safety mentioned above is not sufficient to comply with this requirement, as the system of protection should not only cover compensation for the failure of the recruitment and placement service to meet its obligations under the seafarers’ employment agreement but also for the failure of the shipowner to meet those obligations. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A1.4, paragraph 5(c)(vi), providing details on the system of protection established (insurance or an equivalent appropriate measure).

The Committee further notes the LSU’s observations that it considers that the number of licensed private agencies is too high – 35 active agencies serving approximately 6,500 active seafarers. The LSU also indicates that the licensing system was established without consultation with seafarers’ representatives, which makes obtaining licences very easy. The Committee requests the Government to provide its comments in this respect.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee requested the Government to provide information on measures taken to ensure that seafarers signing a seafarers’ employment agreement are given an opportunity to seek advice on the agreement before signing. The Committee notes that the Government refers to the Maritime Shipping Law and to the provisions of the Labour Code providing for the obligation of the employer to inform the employee about the employment conditions prior to starting work. The Committee notes the LSU’s indication that there are no provisions in the national legislation to give application to this provision; since the decision to sign the agreement is taken between the private recruitment agency and the seafarer, often seafarers are forced to sign the agreements in urgency without proper knowledge of the conditions. The Committee requests the Government to provide its comments in this respect.

Regulation 2.1 and Standard A2.1, paragraph 1(d) and 2. Access to information about conditions of employment. The Committee requested the Government to provide information on the implementation of Standard A2.1, paragraphs 1(d) (clear information on board on the conditions of employment) and 2 (copy of collective agreement on board). The Committee notes that the Government only refers in general to the information that the employer shall give to the employee before starting employment. The Committee notes the LSU’s allegation indicating that only few crewing agencies have and provide information to seafarers about the collective bargaining agreements applicable to the ships on board of which seafarers work. The Committee requests the Government to provide information on how it implements the requirement that seafarers shall have easy access to information on board ship about their conditions of employment, including to collective bargaining agreements, which form part of seafarers’ employment agreements.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes the Government’s information that every seafarer is issued a seafarer's book in accordance with the procedure specified by the Ministry of Transport and Communications. It notes that the government supplied copy of an example of the approved document for seafarer record of employment. It observes, however, that the document contains a space for remarks, which includes boxes for comments on the conduct and ability. The Committee recalls that under Standard A2.1, paragraph 3, the document containing a record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages. It requests the Government to take the necessary measures to ensure conformity with this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the model of seafarers’ employment agreement (SEA) supplied by the Government refers to the provisions of the old Labour Code of 2002, while a new Labour Code has been adopted in 2016 which entered into force in July 2017. It also notes the LSU’s observation that the model provided for by national legislation serves only as a “specimen” and is not compulsory. The LSU also indicates that the model form is not in line with Standard A2.1, paragraph 4, as it does not include all the mandatory information. The Committee requests the Government to provide an updated model of a seafarers’ employment agreement that is in conformity with Standard A2.1, paragraph 4, of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee requested the Government to specify how this provision of the Convention is implemented. The Committee notes the Government’s reference to section 60 of the new Labour Code, which provides for cases in which the employment contract may be terminated without notice. It notes the LSU’s allegations that despite the adoption of the new Labour Code, which entered into force in July 2017, there are no provisions in the Labour Code or in other legislation determining any special circumstances and conditions regarding the seafarers’ right to terminate the contract on shorter notice, apart from the circumstances provided by the Labour Code which apply to all employees. Noting that the new provisions of the Labour Code, as the old ones, do not take into account the specificities of seafarers, the Committee requests the Government to take the necessary measures to ensure that the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons is taken into account, in accordance with Standard A2.1, paragraph 6.

Regulation 2.3 and Standard A2.3, paragraphs 8, 9 and 14. Compensatory rest. The Committee noted that the Declaration of Maritime Labour Compliance (DMLC), Part I, referring to Resolution No. 587 of 2003, indicates that during ahoy tasks that are carried out during the scheduled rest period, the time of work is summarized and compensated to the crew members by granting them a rest day according to the employment contract, collective agreement or internal rules, or by paying them an amount equal to the amount paid for overtime work. The Committee requested the Government to provide information on the measures taken to ensure that seafarers whose schedule of hours of rest is temporarily suspended in accordance with the Convention are always granted an adequate period of rest, regardless of any financial compensation, as required by Standard A2.3, paragraphs 8, 9 and 14. The Committee notes that the Government refers to the provisions of Resolution No. 496 of 2017 on the implementation of the Labour Code, which reproduce the provisions of Resolution No. 587 of 2003 on the completion of drills. The Committee again requests the Government to take the necessary measures to ensure that seafarers whose schedule of hours of rest is temporarily suspended in accordance with the Convention are always granted an adequate period of rest, regardless of any financial compensation, as required by Standard A2.3, paragraphs 8, 9 and 14.

Regulation 2.4 and Standard A2.4, Paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee requests the Government to specify whether any agreements to forgo the minimum annual leave with pay are prohibited under national legislation and to refer to the applicable legislation.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee requested the Government to specify how this provision of the Convention is implemented. The Committee notes the Government’s indication that the shipowner shall organize the repatriation of the seafarer and pay the costs associated with the journey of the seafarer to the place of permanent residence. The Committee requests the Government to provide information on the entitlements to be accorded by shipowners for repatriation, including those relating to the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5.1, paragraph 2(c)). The Committee recalls that Guideline B2.5.1, paragraph 7, provides that seafarers should have the right to choose from among the prescribed destinations (listed in paragraph 6 of the same Guideline) the place to which they are to be repatriated. It requests the Government to provide information on how it has given due consideration to this provision of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s information that under section 88(7) of the Maritime Shipping Law, the shipowner of a ship flying the Lithuanian flag must have a valid measure to secure the discharge of obligations related to repatriation of seafarers, which shall be granted by an insurance company or mutual business entity, by members of the Protection and Indemnity Insurance (P&I) Clubs, or by a bank or another similar entity. The Committee also notes that the Government has supplied a copy of the certificate of insurance in respect of seafarers’ repatriation costs and liabilities as required under Standard A2.5.2. It further notes the LSU’s allegation that the financial security system required in Standard A2.5.2 is not in place and is just a mere declaration. The Committee requests the Government to provide its comments in this regard.

The Committee draws the Government’s attention to the following questions of the report form of the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to all the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes that the Government provides no reply to its comments on this point. It also notes the LSU’s indication that there are no provisions in national legislation regarding these matters. The Committee again requests the Government to indicate how it has given effect to Regulation 2.6 and in particular to provide details on the compensation to which seafarers are entitled in the case of injury or unemployment arising from the ship’s loss or foundering.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Various requirements. The Committee requested the Government to provide information on the implementation of various requirements of this Regulation. The Committee takes note of the Government’s clarifications, in particular with regard to the provisions giving effect to Standard A3.1, paragraphs 7(b) (air conditioning), 11(a) (separate sanitary facilities), 17 (recreational facilities), 20 and 21 (exemptions of ships less than 200 gross tonnage). It also notes the Government’s information that taking into account the Committee’s request to bring legislation into conformity with Standard A3.1, paragraph 9(f)(iii) (floor area in sleeping rooms), section 14.25.5 of Lithuanian Hygiene Standard HN 113:2001 “Ships. Hygiene Standards and Rules” approved by Order No. 671 of the Minister of Health of 28 December 2001 (Hygiene Standard HN 113:2001) will be amended. In addition, to clarify the requirements of Hygiene Standard HN 113:2001, a provision will be added by which mess rooms should be located apart from the sleeping rooms. The Committee requests the Government to provide information on any developments in this regard. It further requests the Government to indicate the provisions giving effect to Standard A3.1, paragraphs 14 (space on open deck) and 15 (ship’s offices).

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee notes the LSU’s allegation that Order No. 510 of the Minister of Health of 25 November 1999 on the “approval of recommended daily nutrition and energy norms” serves only as a recommendation and has no special provisions for the seafarers. It requests the Government to provide its comments in this respect.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. Dental care ashore. The Committee requested the Government to provide information on the measures taken to ensure that seafarers working on ships flying its flag have the right to visit, free of charge, a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c) and (d)). The Committee notes the Government’s information that under section 88(4) of the Law on Merchant Shipping, if during the voyage, the seafarer fell sick, was injured, died or got killed during the voyage, the master of a ship shall pay all the expenses for the seafarers’ treatment, care, nursing by the date on which the seafarer is considered duly repatriated and transportation of the remains. It further notes the Government’s reference to sections 13 and 14 of Order No. V-656/3-358/A1-226, which in case of urgent medical consultation provide for free radio advice by the Klaipeda Seaman Hospital and reporting to the Maritime Rescue Coordination Centre of the Naval Force of Lithuanian Armed Forces or to the search and rescue service of another State about the urgent need for hospitalization. The Committee notes the LSU’s allegation that, despite the legislation in force, the situation in Lithuania regarding dental care is highly unacceptable as not only it is almost impossible to get free dental care services to anyone, but also the scope of emergency medical aid is very limited. Moreover, in order to be eligible for emergency treatment, the person’s state of health has to threaten her/his life. If an injury occurs (after an accident), the eligibility will depend on its seriousness and on what threat it may cause to the patient’s health. The Committee requests the Government to provide its comments in this regard.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Minimum requirements. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s indication in reply to its previous comments that Order No. V-957/3-707 of 10 November 2011 of the Minister of Health and the Minister of Transport and Communications “On the approval of the description of procedure for the issue and control of pharmacy supplies on board” gives application to this provision of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. The Committee notes the Government’s information that minimum requirements for medical aid on board ships approved by Order No. V-656/3-358/A1-226 of the Minister of Health, the Minister of Social Security and Labour and the Minister of Transport and Communications provides that ships whose crew has at least 100 members and who are engaged on international voyages for more than three days, but not more than three months, and ships whose crew has at least 50 members and who are engaged on international voyages for more than three months must have a medical doctor on board who is responsible for providing medical care. The Committee recalls that Standard A.1, paragraph 4(b), provides for the obligation of having a qualified medical doctor for “ships carrying 100 or more persons …”. The general expression “persons” does not only include seafarers but may include other persons on board not in the quality of seafarers, such as passengers. The Committee requests the Government to indicate the measures taken to bring its legislation into conformity with the provisions of Standard A4.1, paragraph 4(b) of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s information in reply to its previous comments that the “Minimum requirements for medical aid on board of ships” approved by Order No. V-656/3-358/A1-226 of the Minister of Health, the Minister of Social Security and Labour and the Minister of Transport and Communications provides that, when the urgent medical consultation is needed, the physician or responsible staff shall consult with doctors of the Klaipėda Seamen's Hospital on radio. These consultations are free of charge and they are available 24 hours a day. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes that the Government has supplied a copy of the certificate of insurance in respect of shipowners’ liability as required under Standard A4.2.1. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee requested the Government to indicate whether the national guidelines required under Regulation 4.3, paragraph 2, had been adopted and if so, if consultations with the representative shipowners’ and seafarers’ organizations had taken place. The Committee notes the Government’s indications that national guidelines on health and safety at work are set in the Law on Safety and Health at Work. The Committee recalls that Regulation 4.3, paragraph 2, provides that national guidelines for the management of occupational safety and health on board shall be developed and promulgated after consultation with representative shipowners’ and seafarers’ organizations. The Committee again requests the Government to take the necessary measures to adopt, after consultation with the representative shipowners’ and seafarers’ organizations, national guidelines for the management of occupational safety and health on board ships that fly its flag.

Regulation 4.3 and Standard A4.3, paragraphs 1, 2, 5, 6 and 8. Health and safety protection and accident prevention. Policies and programmes. Reporting, statistics and investigation. Risk evaluation. The Committee notes that, in reply to its previous comments, the Government provides information on the provisions of the Law on Safety and Health at Work, inter alia, on risk assessment, investigation and reporting of accidents and protection of persons under 18 years. The Committee also notes that the Declaration of Maritime Labour Compliance (DMLC), Part II outlines the shipowner’s practices or on board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases on board. The Committee takes note of this information, which addresses its previous request.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requested the Government to provide information on the measures taken to implement this Regulation. The Committee notes the absence of information by the Government in this regard. It also notes the LSU’s allegation that the Klaipeda State Seaport Law (section 11(16)) clearly states that Klaipeda State Seaport Authority shall organize social household services for seafarers. Notwithstanding that, for more than 12 years, seafarers’ welfare services were organized and provided by the LSU with the assistance from the ITF Welfare Fund. The Government (Klaipeda State Seaport Authority) only marginally contributed to the funding. Currently, the LSU is in process of ending these services because of the excessive financial burden. The Committee requests the Government to provide its comments in this respect. It further requests the Government to provide information on the measures taken to implement Regulation 4.4 and the Code.

Regulation 4.5 and the Code. Social security. In its previous comments, the Committee requested the Government to indicate: (i) which of the branches specified are covered under the social insurance; (ii) whether the insurance also covers the dependants of seafarers ordinarily resident in the country; (iii) whether the resulting protection is not less favourable than that enjoyed by shoreworkers resident in Lithuania; (iv) the applicable legislation; (v) the conclusion of any bilateral or multilateral arrangements regarding the provision of social security protection to seafarers; and (vi) the measures taken to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee notes the Government’s information that seafarers, as other persons working under employment contracts, are covered by the types of social insurance stipulated in the legislation on state social insurance, i.e. (i) the pension social insurance, where the insured person receives the general (universal) and/or the individual parts of a pension, as provided for in the Law on Social Insurance Pensions; (ii) the sickness and maternity social insurance, where the insured person receives the sickness, maternity, paternity, childcare and vocational rehabilitation benefits provided for in the Law on Sickness and Maternity Social Insurance; (iii) the unemployment social insurance, where the insured person receives the benefits provided for in the Law on Unemployment Social Insurance; (iv) the social insurance of occupational accidents and occupational diseases, where the insured person receives the benefits provided for in the Law on Social Insurance of Occupational Accidents and Occupational Diseases; and (v) the health insurance, where the insured person benefits from the healthcare services and the compensations provided for in the Law on Health Insurance. The Committee notes that the majority of the benefits provided under the above schemes are not linked to residence in Lithuania but to the existence of an employment contract in Lithuania. At the same time, the Committee notes the Government’s reference to the direct application of European Regulations on the coordination of social security systems (Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended), which ensure that citizens making use of their right to free movement will benefit from the social security system of one Member State. The Government also mentions the conclusion of bilateral social security agreements with Belarus, Ukraine, Russian Federation, United States, Canada and Republic of Moldova. The Committee notes the LSU’s observations indicating that recently national legislation has been amended with respect to seafarers working on board ships flying a foreign flag. As a result, such seafarers, including citizens, are denied access to the State Social Insurance Fund. Moreover, they are not allowed to make a voluntarily contribution and are forced to choose a private fund. The LSU indicates that this situation does not apply to health insurance, which is compulsory. The Committee requests the Government to provide its comments in reply to the LSU’s observations. It also requests the Government to provide information on whether and how the above-mentioned bilateral social security agreements cover seafarers who reside in Lithuania and work on vessels flying the flag of the signatory States or seafarers resident in those States who work on Lithuanian flagged vessels and ensure the maintenance of social security rights acquired, or in the course of being acquired. The Committee further requests the Government to provide detailed information on the social security coverage for seafarers who are ordinarily resident in Lithuania but work on foreign flagged vessels outside the EU area and outside the countries with which bilateral social security agreements were concluded.

The Committee notes the LSU’s observations indicating that while shipowners, banks and some seafarers assume that the “daily allowance” – which forms up to 50 per cent of the seafarers’ income – is a part of wages, such allowance is not taken into account when calculating social benefits, as it is non-taxable and in terms of accountancy it is counted as compensation and not wage. The Committee requests the Government to provide its comments in this respect.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes the information provided by the Government in reply to its previous request, according to which there are no ships of 500 gross tonnage or more flying the Lithuanian flag operating from a port, or between ports, in another country. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.6 and the Code. Marine casualties. The Committee noted that under Order No. 3-461 of the Minister of Transport and Communication, the holding of an investigation into marine casualties – which also encompass accidents in which persons die or are terminally or seriously injured as a result of their presence on board or event associated with the marine activities – is optional. It requested the Government to take the necessary measures to ensure conformity with this Regulation. The Committee notes that the Government provides no reply to its comments. It also notes the LSU’s observations on the insufficient regulation of accident investigation. The Committee therefore reiterates its previous request.

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article 3 of the Convention. Scope of application. Exclusions. The Committee notes the Government’s information that the Convention is not applicable to fishing in inland waters. It notes in this regard that Ministerial Order No. 3-587/A1-597/V-1382 of 5 December 2017 on the “Description of procedure on the conformity of fishing vessels and their cabins for the evaluation of the international safety shipping requirements in the fishing sector, issuing of the compliance document, inspection of fishing vessels and complaints” (hereinafter, Order No. 3-587/A1-597/V-1382) is applicable to all fishing vessels flying the Lithuanian flag, except those registered at the Register of Inland Waterways Craft of Lithuania (paragraph 2). The Committee recalls that the Convention allows for the exclusion from its scope of application of fishing vessels engaged in fishing in rivers, lakes or canals “where the application of the Convention raises special problems of a substantial nature in the light of the particular conditions of service of the fishers or of the fishing vessels’ operations concerned” and “after consultation”. The Committee requests the Government to provide information on the reasons for such exclusion and on the consultations held with the representative organizations of employers and workers concerned, in particular the representative organizations of fishing vessel owners and fishers, where they exist. It also requests the Government to provide information on any measures taken to ensure equivalent protection to the excluded categories of workers.

Article 9(3) and (4). Minimum age. Prohibition of hazardous work for fishers under 18 years. The Committee notes the Government’s information that under section 84(3) of the Law on Merchant Shipping, persons under the age of 16 are not permitted to work on board. It also notes that the Description of the procedure for organizing the recruitment, work and professional training of persons under 18 years of age and the conditions for child employment, No. 518 of 28 June 2017 provides for a list of hazardous types of work/trainings which may not been undertaken by persons under 18 years. It notes that this list expressly excludes work of young persons on ships (section 22.14). The Committee recalls that under the Convention, the minimum age for assignment to activities on board fishing vessels which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, is not less than 18 years. The types of such activities shall be determined by national laws or regulations, or by the competent authority, after consultation, taking into account the risks concerned and the applicable international standards (Article 9(3) and (4)). The Committee therefore requests the Government to clarify how it ensures conformity with Article 9(3) and (4) of the Convention and to provide information on the determination of the list of types of hazardous work on board fishing vessels prohibited for young persons of less than 18 years in consultation with the social partners concerned.

Article 14(1)(a). Manning for vessels of 24 metres in length and over. The Committee notes the legislation cited by the Government with regard to minimum safety manning requirements – especially the Description for the procedure of issue of the certificate on the minimum safe manning requirements for vessels, approved by Order No. 3-301 of 4 July 2005 – which also applies to fishing vessels. The Committee requests the Government to specify the minimum level of manning, i.e. the number and qualifications of fishers, which has been established for the safe navigation of vessels of 24 metres in length and over.

Article 20. Fisher’s work agreement. Fishers not employed by the fishing vessel owner. The Committee requests the Government to confirm that where fishers are not employed or engaged by the fishing vessel owner, the fishing vessel owner is required to have evidence of contractual or similar arrangements.

Article 22. Recruitment and placement of fishers. The Committee notes the Government’s information that under section 37 of the Law on Maritime Safety, private employment agencies which provide services linked to seafarers’ employment must be certified in accordance with the procedure set forth by the Minister of Transport and Communications. The same Law also establishes the key requirements for companies carrying out activities of seafarers’ recruitment. The “Description of procedure for certification of companies providing maritime safety related services”, approved by Order No. 48 of the Minister of Transport and Communications of 13 February 2001 sets out procedure for certification and supervision of certified companies. The Committee requests the Government to specify whether private employment agencies also operate with respect to fishers and, if so, to provide information on the consultations preceding the establishment of such system and on the laws, regulations or other measures implementing Article 22, paragraph 3(a) and (b) (prohibition of blacklisting and of charging fees on the fisher).

Article 22. Recruitment and placement of fishers. Private employment agencies. The Committee notes that Lithuania has ratified the Private Employment Agencies Convention, 1997 (No. 181), in 2004. The Committee requests the Government to indicate whether any responsibilities under Convention No. 188 have been allocated to private employment agencies that employ fishers with a view to making them available to fishing vessel owners, and if so, provide information: (i) on how the respective responsibilities of any such private employment agencies and of the fishing vessel owners have been determined and allocated in conformity with Article 12 of Convention No. 181 (with respect to collective bargaining, minimum wages, working time and other working conditions, social security benefits, access to training, occupational safety and health, compensation in case of occupational accidents or diseases, compensation in case of insolvency and protection of workers’ claims); and (ii) on the implementation of Article 22(5) of Convention No. 188 (liability of the fishing vessel owner in case of default of the private employment agency’s obligations).

Articles 25–27 and Annex III. Accommodation. Scope of application. The Committee notes that the Convention’s requirements on accommodation are mainly implemented by Order No. 671 of the Minister of Health of 28 December 2001 on the approval of Lithuanian Hygiene Standard HN 113:2001 “Ships. Hygiene Standards and Rules” (hereafter, Hygiene Standard HN 113:2001). It further notes that Ministerial Order No. 55/262/285 of 29 June 1999 on Approval of the General Regulations on Safe and Healthy Working Conditions on Fishing Vessels (hereafter, Order No. 55/262/285) contains some provisions related to accommodation. The Committee notes that section 5.2 of Order No. 55/262/285 defines “new fishing vessels” and “existing fishing vessels” in relation to the date of construction and the length of vessels. The Committee further notes that Hygiene Standard HN 113:2001 divides fishing vessels into four categories, based on the area of navigation, length of the ship and number of “crew”. For example, the “lower” category (Category IV) is composed of ships navigating in a defined area of less than 100 miles from the coast, with a length of between 12 and 24 metres and a crew of no more than 15 persons. The Committee observes that, as a result, small vessels are not covered by the requirements of Hygiene Standard HN 113:2001, including by some basic requirements such as occupational safety and health protection, sanitary facilities and food and potable water. The Committee draws the Government’s attention to the fact that the provisions of the Convention on accommodation apply to all new decked fishing vessels, defined under Annex III, paragraph 1, regardless of their length (higher requirements are provided for vessels of over 24 metres and may be extended to vessels between 15 and 24 metres), subject to any exclusions in accordance with Article 3 (Annex III, paragraph 2). The Committee requests the Government to take the necessary measures to ensure that the requirements of Articles 25–27 and Annex III are applied to all new decked fishing vessels as defined by the Convention.

Articles 25, 26 and Annex III, paragraphs 9–12. Accommodation. Planning and control. The Committee requests the Government to provide more detailed information on how it complies with the requirements related to planning and control (paragraphs 9–12).

Articles 25, 26 and Annex III, paragraph 62. Accommodation. Tubs or showers, toilets and washbasins. The Committee notes that under Hygiene Standard HN 113:2001, on board fishing vessels for crew members living in cabins without individual sanitary installations, general use hygiene rooms (one sink, one lavatory pan, one shower) should be arranged for every eight persons. The Committee recalls that under paragraph 62 of Annex III, the competent authority may, after consultation, decide that there shall be provided at least one tub or shower or both and one washbasin for every six persons or fewer, and at least one toilet for every eight persons or fewer, where the competent authority is satisfied that this is reasonable and will not result in discomfort to the fishers. The Committee requests the Government to indicate the measures taken to ensure full compliance with this provision and to provide information on the consultations carried out in this regard.

Article 29(b). Medical care. Fisher qualified or trained in first aid and medical care. The Committee notes the Government’s reference to the minimum requirements for medical aid on board of ships approved by Order No. V 656/3 358/A1-226 of the Minister of Health, Minister of Social Security and Labour and Minister of Transport and Communications, providing that ships, which are not required to have a doctor according to paragraph 8 of the requirements or do not have a doctor, must have a staff member appointed by the master of the ship responsible for providing first aid and in case the ship belongs to category A or B this staff member is also responsible for healthcare. The Committee recalls that Article 29(b), requires that fishing vessels – regardless of any category – have at least one fisher on board who is qualified or trained in first aid and other forms of medical care and who has the necessary knowledge to use the medical equipment and supplies for the vessel concerned, taking into account the number of fishers on board, the area of operation and the length of the voyage. The Committee requests the Government to indicate how it ensures that this requirement is implemented on board fishing vessels covered by the Convention.

Article 31. Occupational safety and health and accident prevention. The Committee notes that the scope of Order No. 55/262/285, which contains miscellaneous provisions on safety and health on board, appears to be limited to “new” and “existing” fishing vessels defined by the Order, thereby excluding fishing vessels of less than 15 metres (see also under Articles 25 and 26). The Committee also notes that Order No. 3-461 of the Minister of Transport and Communications on the classification and investigation of maritime casualties excludes fishing vessels of less than 15 metres from its scope of application. Recalling that the requirements on occupational safety and health apply to all ships covered by the Convention, the Committee requests the Government to indicate the measures taken to ensure full conformity with the Convention in this regard.

Article 31(e). Occupational safety and health and accident prevention. Joint committees on occupational safety and health. The Committee notes the Government’s reference to the requirement of section 13, part 2, of the Law on Safety and Health at Work for the establishment of an occupational health and safety committee on board ships, which however excludes fishing vessels from its scope. The Committee requests the Government to indicate the measures taken to apply the requirement of setting up joint committees on occupational safety and health on board fishing vessels covered by the Convention.

Article 32(2)(a). Occupational safety and health and accident prevention. Requirements for fishing vessels of 24 metres and over normally remaining at sea for more than three days. On-board procedures for the prevention of occupational accidents, injuries and diseases. The Committee notes that the applicable legislation does not provide for separate occupational health and safety requirements for ships of over 24 metres. It notes that, with regard to the establishment of on-board procedures for the prevention of occupational accidents and diseases, the Government refers to general legislation (Law on Safety and Health at Work) and to Order No. 216 of the Minister of Transport and Communications of 29 June 2001 “On the approval of General rules on the occupational safety on board”. The Committee notes that the mentioned legislation does not appear to give application to the requirement provided under Article 32(2)(a) of the Convention. The Committee requests the Government to provide information on how it gives effect to the requirement of Article 32(2)(a) that fishing vessel owners, in accordance with national laws, regulations, collective bargaining agreements and practice, establish on-board procedures for the prevention of occupational accidents, injuries and diseases, taking into account the specific hazards and risks on the fishing vessel concerned.

Article 32(3)(b). Occupational safety and health and accident prevention. Requirements for fishing vessels of 24 metres and over normally remaining at sea for more than three days. Basic safety training. The Committee requests the Government to provide information on how it complies with the requirement that fishing vessel owners shall ensure that every fisher on board has received basic safety training approved by the competent authority.

Article 34. Social security. The Committee notes the Government’s information that fishers, as other persons working under employment contracts, are covered by the types of social insurance stipulated in the legislation on state social insurance, that is: (i) the pension social insurance, where the insured person receives the general (universal) and/or the individual parts of a pension, as provided for in the Law on Social Insurance Pensions; (ii) the sickness and maternity social insurance, where the insured person receives the sickness, maternity, paternity, childcare and vocational rehabilitation benefits provided for in the Law on Sickness and Maternity Social Insurance; (iii) the unemployment social insurance, where the insured person receives the benefits provided for in the Law on Unemployment Social Insurance; (iv) the social insurance of occupational accidents and occupational diseases, where the insured person receives the benefits provided for in the Law on Social Insurance of Occupational Accidents and Occupational Diseases; and (v) the health insurance, where the insured person benefits from the healthcare services and the compensations provided for in the Law on Health Insurance. The Government also indicates that self-employed persons benefit from the social security coverage in relation to pensions, sickness and maternity social insurance. The Committee notes that the majority of the benefits provided under the above schemes are not linked to residence in Lithuania but to the existence of an employment contract in Lithuania. At the same time, the Committee notes the Government’s reference to the direct application of European Regulations on the Coordination of Social Security Systems (Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended), which ensure that citizens making use of their right to free movement will benefit from the social security system of one member State. The Government also mentions the conclusion of bilateral social security agreements with Belarus, Ukraine, Russia, the United States, Canada and Moldova. The Committee requests the Government to provide information on whether and how the above-mentioned bilateral agreements cover fishers who reside in Lithuania and work on foreign-flagged vessels or foreign fishers that work on Lithuanian-flagged vessels, and ensure the maintenance of social security rights acquired, or in the course of being acquired. The Committee further requests the Government to provide information on the social security coverage for fishers who are ordinarily resident in Lithuania but work on foreign-flagged fishing vessels outside the EU area and outside the countries with which bilateral social security agreements were concluded.

Articles 40 and 41. Flag State responsibilities. Compliance and enforcement. The Committee notes the Government’s information that under sections 3 and 4 of Order No. 3 587/A1 597/V-1382 fishing vessels remaining at sea for more than three days and which are 24 metres in length and over or which normally navigate at a distance exceeding 200 nautical miles from the coastline of Lithuania, shall carry a valid document issued by the Lithuanian Transport Safety Administration stating that the vessel has been inspected by the Administration or authorized ships’ classification societies for compliance with the provisions of Convention No. 188 and national legal acts concerning living and working conditions. The Committee notes that the same Order also regulates the system of inspections for fishing vessels, which are not obliged to carry a compliance document. The Committee requests the Government to supply an example of a compliance document issued by the competent authority pursuant to Order No. 3-587/A1-597/V-1382, together with the inspection report on which it is based. It also requests the Government to provide any relevant information on the practical application of the Order.

Comments adopted by the CEACR: Lithuania

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C159 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C181 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C173 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C188 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Lithuania

Display the list by:

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C159 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C181 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C173 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C188 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)