Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Maternity Protection Convention, 2000 (No. 183) - Lithuania (Ratification: 2003)

Article 2(1) in conjunction with Article 6(5) of the Convention. Atypical forms of dependent work and maternity benefits. In reply to the previous comment of the Committee, the Government indicates that the legislative provisions relating to maternity protection apply to all employees covered by the employment contracts mentioned in section 108 of the Labour Code; namely: contracts of indefinite term, fixed-term contracts, temporary contracts, seasonal contracts, contracts on secondary job, teleworking, contracts on the supply of services and “other”. The Committee understands that the category “other” refers to section 117 of the Labour Code entitled “Characteristics of other types of employment contracts”, which provides that “the characteristics of employment contracts with employees of farmer’s farms and other agricultural entities, employees of special purpose enterprises, the activities whereof may cause disruption in the operations of these enterprises, related to particularly serious consequences to people and nature, as well as of contracts concluded in other cases specified by laws shall be established by collective agreements and legal acts regulating employment contracts of these types in accordance with the procedure prescribed by this Code and other laws”. The Committee requests the Government to confirm that the employment contracts falling into the category “other” mentioned in section 108 of the Labour Code and into the category “other cases specified by law”, referred to in its section 117, comply with the national legal regime of maternity protection.

In this respect, the Committee notes the Government’s indication that contracts on the supply of services have been abolished by Act No. XI-2358 of 6 November 2012 and that, as regards contracts concluded before that date and which are still valid, the provisions for maternity care apply. Please indicate whether the provisions concerning cash benefits and other components of maternity protection are also applicable to those contracts still valid.

The Committee further notes that home work contracts and contracts for household services are no longer mentioned in section 115 of the Labour Code after its amendment. It requests the Government to indicate how these types of contracts are regulated in terms of maternity protection.

Finally, the Committee notes the Government’s statement that the provisions of the Labour Code do not apply to persons working without an employment contract. The Committee recalls in this respect that atypical forms of dependent work may take the form of a disguised employment relationship without a formal employment contract. It therefore asks the Government to indicate whether the labour inspection services have been notified of such cases and, if so, what measures have been taken in this respect.

Article 3. Health protection. The Committee once again requests the Government to specify the representative organization of employers and workers which should be consulted on measures to ensure that pregnant and breastfeeding women are not obliged to perform work involving a significant risk to the health of the mother or child. Please explain the measures taken under the terms of Order No. 340 of 19 March 2003 which determines the list of hazardous working conditions and risk factors for pregnant women, women who have recently given birth or who are breastfeeding.