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

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

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.

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

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 3 of the Convention. Prohibition of discrimination. The Committee notes that article 2 of the Labour Code recognizes the principle of equality of the subjects of labour law irrespective of gender, marital or family status, and other grounds. It also notes the Government’s indication that section 1 of the Law on Equal Treatment of Men and Women, as amended in 2005, prohibits discrimination based on sex, including relating to marital or family status. The Committee requests the Government to provide information on how these provisions, in practice, protect men and women workers from discrimination in employment and occupation based on their family responsibilities, including unfavourable treatment as a result of using family related entitlements. In this regard, please also provide information on any judicial or administrative decisions relating to employment discrimination on the ground of family responsibilities.

2. Article 4. Terms and conditions of employment. The Committee notes the various provisions contained in the Labour Code and the Law on Civil Service concerning working time and leave entitlements addressing the needs of workers with family responsibilities. It also notes that the Government has issued recommendations to employers and employees concerning flexible forms of work organisation (Order No. A1-160 of 17 October 2003). The Committee requests the Government to provide:

(a)      detailed information on the practical application of the Labour Code’s provisions accommodating and protecting workers with family responsibilities, particularly those relating to part-time work (article 146) and leave entitlements (articles 179 and 180), including information on the extent to which these entitlements are being used by men and women;

(b)      indications whether article 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;

(c)       detailed information on the progress made in promoting and putting in place flexible forms of work organization to accommodate workers with family responsibilities.

3. Paternity leave and benefits. The Committee notes with interest that an amendment to the Labour Code of 8 June 2006 introduced a new paternity leave granted to fathers starting from birth until the child reaches the age of 1 month. However, the Committee also notes that one of the requirements for receiving cash benefits during paternity leave is that the father is married to the mother of the child. The Committee considers that this requirement may be in contradiction of the principles of the Convention, as well as the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and requests the Government to elaborate in its next report under Convention No. 111, on the rationale for such a requirement in the light of the principle of equality.

4. Article 5. Child-care services and facilities. The Committee requests the Government to provide detailed information on the measures taken to give effect to this Article, including information on the number and nature of the existing child-care services and facilities.

5. Article 7. Integration of workers with family responsibilities into the labour force. The Committee 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 this regard, the Committee also notes the Law on Support for Employment and the Law on Social Enterprises. The Committee requests the Government to provide detailed information on how measures taken to implement these laws have enabled workers with family responsibilities to become and remain integrated in the labour force. Please provide statistical information on how and to what the extent workers with family responsibilities have benefited from employment services and active labour market measures.

6. Article 11. Workers’ and employers’ organizations. Noting that the Government’s report contains very little information on the activities of trade unions and employers’ organizations, the Committee underlines the crucial role that the social partners play in promoting family friendly workplaces. The Committee requests the Government to indicate how it ensures that workers’ and employers’ organizations have the right to participate in devising and applying measures to give effect to the Convention. The Government is also asked to provide information on the manner in which collective agreements address the rights and needs of workers with family responsibilities.

7. Part V of the report form. Practical application. The Committee requests the Government to continue to provide information on the implementation of the ongoing projects promoting reconciliation of work and family responsibilities, including the results achieved. 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.