Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 3 of the Convention. National policy. The Committee takes note of the adoption of Law No. XII-2462 of 21 June 2016 establishing and implementing the new Labour Code, which entered into force on 1 July 2017, and more particularly of section 2 which recognizes the principle of equality of the subjects of the labour law – irrespective of marital or family status and intent to have a child or children, among others. It notes the Government’s indication, in its report, concerning the adoption of the Action Plan on Integrated Provision of Service to Families for 2016–20 which aims at supporting family members to better balance family and work responsibilities by providing educational, social health care and legal services. The Committee requests the Government to provide information on the concrete measures taken to implement the Action Plan on Integrated Provision of Service to Families for 2016–20 in order to enable workers to better conciliate employment and family responsibilities, as well as on the results achieved in this regard. It also requests the Government to provide information on the practical application of section 2 of the Labour Code of 2016, as well as on any judicial or administrative decisions relating to employment discrimination on the ground of family responsibilities and intent to have a child or children, including unfavourable treatment as a result of using family-related entitlements.

Article 4. Terms and conditions of employment. Referring to its previous comments where it noted the very low number of male beneficiaries of childcare leave and recalled the importance of equitable sharing of family responsibilities, the Committee notes the Government’s general indication that the number of childcare leave benefits for both men and women has decreased since 2010. It notes however that, according to the State Social Insurance Fund SoDra, the share of men taking childcare leave and receiving a parental allowance has been steadily growing, from 7.5 per cent of total parental leave taken in 2009 to 18 per cent in 2014. It further notes that, in its last concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended developing incentives to encourage more men to avail themselves of parental leave (CEDAW/C/LTU/CO/5, 24 July 2014, paragraph 35). The Committee requests the Government to provide information on any incentives implemented to encourage more men to take childcare leave, as well as to identify and address the underlying causes concerning the decrease observed since 2010 of the total number of beneficiaries of such entitlement. It also requests the Government to continue to provide updated information on the number of men and women taking childcare leave.

Working-time arrangements. The Committee previously noted that section 52 of the Statute of Military Service, by order No. V-163 of 29 February 2009, establishes that specific categories of workers with family responsibilities may be ordered to be on duty after daily service hours or on weekends only with the worker’s consent. It notes that, according to section 40(5) of the 2016 Labour Code, part-time work is possible without the consent of the employer, at the request of a pregnant woman, a woman who recently gave birth or is breastfeeding, as well as any employee raising a child under 3 years of age or who is alone and raising a child under 14 years or a child with a disability under 18 years. It notes the Government’s indication that, according to the Labour Code, an employer has the obligation to take measures to assist his or her employee in fulfilling his or her family obligations as through unpaid leave to meet family needs; part-time work; remote work; flexible and individual working time and other contractual variations, including job sharing for employees having children. The Committee also notes, from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that a draft Law amending the Law on Civil Service would provide for the right of civil servants to flexible organization of working time and teleworking in order to better conciliate family obligations with a professional career. The Committee again requests the Government to provide information on the practical application of section 52 of the Statute of Military Service, as well as of section 40(5) of the Labour Code of 2016. Noting that, according to sections 40(8) and 52(8) of the Labour Code, employers shall provide at least once a year to Work Councils information on the number of employees engaged in part-time or remote work, the Committee requests the Government to provide information, disaggregated by sex, on the number of workers utilizing part-time work or any other flexible working time arrangements in order to accommodate workers with family responsibilities, both in the private and public sectors. It further requests the Government to provide information on the status of the adoption of the draft Law amending the Law on Civil Service and to forward a copy of the new legislation, once adopted.

Maternity leave and benefits. The Committee notes that section 132(1) of the 2016 Labour Code provides that if an employee is not making use of the pregnancy or maternity leave, the employer must grant fourteen days starting from the childbirth irrespective of the employee’s request. In this regard, the Committee wishes to draw the Government’s attention to its comments under the Maternity Protection Convention, 2000 (No. 183), recalling that, unless otherwise agreed at the national level by the Government and the representative organizations of employers and workers, maternity leave for a minimum period of six weeks after childbirth is compulsory. The Committee requests the Government to provide information on the practical application of section 132(1) of the 2016 Labour Code, including on the number of women employees making use of the whole maternity leave, as well as for whom the employer was obliged to grant 14 days of leave from the birth of a child irrespective of their request.

Paternity leave and benefits. The Committee notes that, according to the statistics provided by the Government and available from Statistics Lithuania, the number of fathers who made use of one-month paternity leave increased from 12,966 in 2009 to 16,300 in 2016, which represented half of fathers for whom a child was born in 2016. The Committee requests the Government to continue to provide statistical information on the number of beneficiaries of paternity leave, and to identify and address the underlying causes of the low number of men taking paternity leave.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the number of childcare facilities raised from 626 in 2010 to 721 in 2015. Recalling the importance of ensuring that childcare and family services and facilities meet workers’ needs and preferences, the Committee requests the Government to provide detailed statistical information on the availability of and accessibility to affordable childcare and family services and facilities including their utilization.

Article 6. Education. The Committee notes the Government’s general indication that gender equality issues are part of basic and secondary education programmes for children. It further notes that, as a result of the 2015–17 Action Plan implementing the National Programme on Equal Opportunities for Women and Men for 2015–21, several training programmes on gender equality at work, including measures on family and work balance, were organized in both the private and public sectors. It notes, in particular, that several employers’ and workers’ organizations took part in a training on “how to become a family-friendly employer” which covered flexible forms of work as well as tools for creating a family-friendly work environment. The Committee requests the Government to continue to provide information on the educational programmes implemented, as well as on any measures taken to effectively address stereotyping in the roles of men and women at work and promote the sharing of family responsibilities.

Article 7. Integration of workers with family responsibilities into the labour force. The Committee notes that section 131(2) of the 2016 Labour Code provides that the employer should secure the employee’s right to return, after a special purpose leave, including maternity and paternity leave, to the same or equivalent position on conditions not less favorable to the previous working conditions. The Committee requests the Government to provide information on the practical application of section 131(2) of the Labour Code. It also requests the Government to provide information on any measures taken to enhance the integration of workers with family responsibilities into the labour force, as well as to indicate the manner in which measures already implemented have enabled workers with family responsibilities to become and remain integrated in the labour force. The Committee also requests the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who have benefited from employment services and active labour market measures.

Article 8. Protection against dismissal. The Committee notes with interest that section 61 of the 2016 Labour Code prohibits dismissal of employees during pregnancy until the child reaches 4 months of age, as well as during maternity or paternity leave, and that an employee raising a child under 3 years old cannot be dismissed except when he or she committed a fault. It further notes that, according to section 57(7) of the Labour Code, in case of dismissal of an employee raising a child under 14 years old, the notice period is doubled. The Committee requests the Government to provide information on the practical application of sections 57(7) and 61 of the Labour Code, including on any relevant cases concerning dismissal of workers due to their family responsibilities dealt with by the Equal Opportunities Ombudsperson and the courts.

Article 11. Workers’ and employers’ organizations. The Committee previously noted 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. It notes the Government’s indication that the activities of this Commission were stopped and transferred directly to the Tripartite Council which meets annually. The Committee requests the Government to provide information on the reasons why the activities of the Commission on Trilateral Consultations on International Labour Standards were stopped, as well as on the activities of the Tripartite Council with respect to the measures giving effect to the Convention. It also reiterates its request for information on the manner in which collective agreements address the rights and needs of workers with family responsibilities.

Enforcement. The Committee notes, from the report of the Equal Opportunities Ombudsperson, the general information that, in 2017, there were 312 cases of discrimination based on gender, which represented almost 44 per cent of all complaints, half of which referred to discrimination in labour relations. The Committee again requests the Government to provide specific information on the number and content of complaints brought to the Equal Opportunities Ombudsperson or the courts with respect to the relevant provisions concerning workers with family responsibilities, as well as their outcome. The Government is also requested to 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.