Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Lithuania (Ratification: 2004)

Article 3 of the Convention. National policy. The Committee previously asked the Government to provide information on the practical application of section 2 of the Labour Code, which recognizes the principle of equality of the subjects of the labour law irrespective of gender, marital or family status, and other grounds, and section 1 of the Law on Equal Treatment of Men and Women, which prohibited discrimination based on sex. It notes the Government’s indication that even though the Law on Equal Treatment of Men and Women is not specifically aimed at prohibiting discrimination based on marital or family status if, in examining a case of gender discrimination, it relates to the marital or family status, this is deemed to be an aggravating circumstance in the case. It also notes the Government’s indication that the Third National Programme on Equal Opportunities for Women and Men for 2010–14 was approved in May 2010; the Programme aims at increasing opportunities for women and men returning to the labour market after childcare leave, enabling women and men to combine family and work responsibilities, and promoting the development of family–friendly workplaces. It further notes the Government’s indication that women still bear a heavier burden of family duties, therefore female employees with family responsibilities are in the least favourable situation in the labour market. The Committee asks the Government to provide information on the implementation of the Third National Programme on Equal Opportunities for Women and Men for 2010–14, and the results achieved. It also asks the Government to provide information on any judicial or administrative decisions relating to employment discrimination on the ground of family responsibilities, including unfavourable treatment as a result of using family-related entitlements.

Article 4. Terms and conditions of employment. The Committee notes the Government’s indication that the measures combining family and work responsibilities, including 22 projects, directly contribute to the integration of women into the labour market and the ensuring of equal opportunities for men and women. The Government indicates that childcare leave granted for persons raising a child under 3 years of age can be used both by women and men, however, it is mainly used by women, and the number of men using childcare leave is slowly increasing; men accounted for 4.56 per cent of persons who used the childcare leave in 2008, 7.11 per cent in 2009, and 7.56 per cent for the first nine months of 2010. The Committee also notes the Government’s indication that the benefit for the period until the child becomes 1 year of age accounts for 100 per cent of the compensatory pay of the beneficiary, but if the beneficiary receives the benefit for two years, it is 70 per cent, and thereafter it is 40 per cent, thereby encouraging parents to come back to the labour market. The Committee asks the Government to continue to provide information on the practical application of the leave entitlements, including the statistical information disaggregated by sex, on the number of beneficiaries of such entitlements. Noting the very low number of male beneficiaries of childcare leave, and recalling the importance of equitable sharing of family responsibilities between men and women, the Committee asks the Government to indicate the underlying causes of the low number of men taking childcare leave, and to take measures to promote the exercise of childcare leave particularly by men, as well as the results achieved by such measures.

Working-time arrangements. The Committee notes the Government’s indication that section 52 of the Statute of Military Service, by order No.V-163 of 29 February 2009, establishes that a female serviceperson who is pregnant, recently gave birth and is breastfeeding, as well as any serviceperson who is a single parent raising a child under 14 or a disabled child under 18, may be ordered to be on duty after daily service hours or on weekends only with the worker’s consent. The Committee also notes the Government’s indication that, according to the survey targeting 11,800 persons aged 15–64, 12.9 per cent of the workers had the opportunity to organize their working hours in such a way that they could take days off for family reasons without using leave time. Some 51.3 per cent could rarely organize their working hours, and 35.8 per cent had no opportunity at all to take days off for family reasons without using leave; higher rates of men than women could not organize their working hours (37.6 per cent for men and 34.4 per cent for women). Some 20.5 per cent of female workers and 13.1 per cent of male workers who were raising their child under 8 years of age were afforded the opportunity of shorter working days in order to care for the child. The Committee asks the Government to continue to provide information on the progress made in promoting and putting in place flexible forms of work organization to accommodate workers with family responsibilities. It also asks the Government to provide information on the practical application of section 146 of the Labour Code relating to part-time work, and section 52 of the Statute of Military Service. Please further indicate whether section 172 of the Labour Code, which provides that an instalment of annual leave may not be shorter than 14 calendar days, precludes workers with family responsibilities from taking shorter leave periods.

Paternity leave and benefits. The Committee recalls its previous comments concerning section 179(1) of the Labour Code, granting paternity leave only to married fathers starting from birth until the child reaches the age of 1 month. The Committee notes with interest the Government’s indication that section 179(1) was amended in December 2007, so as to provide the right to paternity leave for both married and unmarried men. A one-month paternity leave was used by 12,304 men in 2008, and by 12,966 men in 2009. The Committee asks the Government to continue to provide information on the practical application of section 179(1) of the Labour Code, including statistical information on the number of beneficiaries of paternity leave.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that, under the Strategy for the reorganization of the childcare system and the 2007–12 Action Plan implementing the Strategy, in 2010, 7.5 million Lithuanian litas (LTL) were allocated for funding children’s day centres, and 179 projects received funding; 5,400 children and approximately 2,700 family members received day-care centre services. It also notes the statistical information provided by the Government that 18.2 per cent of employed persons aged 15–64 raising their child under 15 years of age were using childcare services including nurseries, kindergartens, babysitters, longer hours at school and day-care centres. However, 9.4 per cent of persons who were caring for their children under 15 years of age, or for their sick, disabled or elderly family members aged 15 years or over who needed care, were not working or were working part time due to unaffordability of such services; the number of women who were not working or were working part time due to unaffordability of childcare services was more than twice as high as the number of men who were not working or were working part time. The Committee asks the Government to provide detailed information on the projects concerning childcare services and facilities and the results achieved by such projects, as well as detailed information on the number and nature of the availability of affordable childcare and family services and facilities. It also asks the Government to provide information on any measures taken to address the issues of the lack of affordable childcare services and facilities, as well as any progress made in this regard.

Article 6. Education. The Committee notes the Government’s indication that the Third National Programme on Equal Opportunities for Women and Men for 2010–14 covers addressing prevailing attitudes toward the unequal roles of women and men both at work and in society, and that projects have been implemented from 2010 to 2011 by the Equal Opportunities Ombudsman Services concerning combining work and family. The Government also indicates that under the National Programme on Equal Opportunities for Women and Men for 2006–09, the Ministry of Social Security and Labour financed a series of seminars, the purpose of which was to change the stereotypical roles of men and women in economic activities. In 2008, the State Concept of Family Policy was approved, emphasizing equal collaboration including equal responsibility for family life and upbringing of children between men and women. The Government further states that the concept of gender equality has been integrated into basic education, and that the educational programme includes the recognition of gender-related stereotypes. The Committee asks the Government to continue to provide information on the educational programmes undertaken, as well as any measures to address stereotyping in the roles of men and women in work and promote the sharing family responsibilities, including in the context of the State Concept of Family Policy.

Article 7. Integration of workers with family responsibilities into the labour force. The Committee notes the adoption of the law supplementing section 179 of the Labour Code in 2009, which requires employers to provide a female employee the right to return to the previous or equivalent position after maternity leave, and not less favourable conditions including pay. The Committee also notes from the Government’s report that a number of projects and initiatives are being implemented to promote the reconciliation of work and family responsibilities and the integration of workers with family responsibilities into the labour market. In particular, in 2008, the implementation of 19 projects was completed, aimed at the reduction of women’s social seclusion, increasing their social integration and ensuring their equal opportunities in the labour market. The Government also indicates that support is provided to the activities of motivation, consulting and general skills training of persons who do not work due to family responsibilities, as well as intermediation in employment. The Committee asks the Government to provide information on the practical application of the law supplementing section 179 of the Labour Code. It also asks the Government to continue to provide information on the projects and initiatives which are being implemented to promote the reconciliation of work and family responsibilities and how measures taken have enabled workers with family responsibilities to become and remain integrated in the labour force. Please provide statistical information on how and to what extent workers with family responsibilities have benefited from employment services and active labour market measures.

Article 11. Workers’ and employers’ organizations. The Committee notes the Government’s indication that workers’ and employers’ organizations take part in the consideration of draft proposals for new laws and amendments, and they are entitled to put forward proposals. The Government also indicates that a Commission on Trilateral Consultations on International Labour Standards was established, which provides an opportunity for commenting on the implementation of the Convention at any time. The Committee asks the Government to provide detailed information on the mandate and activities of the Commission on Trilateral Consultations on International Labour Standards with respect to measures giving effect to the Convention. The Committee also reiterates its request for information on the manner in which collective agreements address the rights and needs of workers with family responsibilities.

Part V of the report form. Practical application. The Committee notes the Government’s indication that supervision of compliance with the Law on equal opportunity for women and men is ensured and related complaints are examined and decisions are adopted by the Equal Opportunities Ombudsman Service, which is an independent body reporting to the Seimas (Parliament). The Committee asks the Government to provide information on the number and contents of complaints brought to the Equal Opportunities Ombudsman Service with respect to relevant provisions concerning workers with family responsibilities, as well as their outcome. Please also provide any other information indicating the progress made in enabling workers with family responsibilities to exercise their right to engage in employment, including the results of relevant studies and reports, as well as statistical information, disaggregated by sex, on the participation of workers with family responsibilities in the labour market.