Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Lithuania (Ratification: 1994)

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)

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Government indicates in its report that in 2012–13 several vocational rehabilitation centres were established and equipped with adapted facilities within the framework of the activity “Development of vocational rehabilitation infrastructure for persons with disabilities” under the 2007–13 Promotion of Cohesion Operation Programme. The Committee notes that the Action Plan for Increasing Social Inclusion for 2014–20 focuses on increasing labour market opportunities by means of active measures, including services for strengthening competencies of persons with disabilities. It notes with interest that, in 2014, within the framework of the implementation of the National Programme for Social Integration of the Disabled 2013–19, 413 social rehabilitation service projects for persons with disabilities in communities were selected in all municipalities, benefiting about 37,500 persons with disabilities. The Government indicates that the 2013 version of the “specification of criteria for establishing the need for vocational rehabilitation services” changed the procedure for establishing the need for vocational rehabilitation. The procedure now requires a territorial labour exchange office to decide whether an applicant for a vocational rehabilitation programme should be referred to the Disability and Capacity for Work Establishment Office, taking into account the person’s professional criteria and motivation. Moreover, persons with 45 per cent or less working capacity are eligible to participate in the vocational rehabilitation programmes and persons with minor disabilities or 50–55 per cent disability levels must be referred to formal vocational training programmes. The Committee notes that, in accordance with the specification of the procedure for inspection of vocational rehabilitation service providers, approved in 2013, inspections are carried out by the territorial labour exchange offices. The Government indicates that the registered number of unemployed persons with disabilities decreased from 15,141 in 2010 to 13,764 in 2012, while the number of persons with disabilities obtaining employment increased from 4,883 in 2010 to 6,078 in 2012. It also indicates that, in 2013, 896 persons with disabilities, including 34 persons with severe disabilities, took part in vocational rehabilitation programmes and 529 of them have completed the programmes successfully, adding that 61 per cent have found employment within six months of completion. The Committee welcomes the detailed information received and invites the Government to continue to provide information on the results achieved by the national policies on vocational rehabilitation and employment of persons with disabilities as well as on the employment opportunities for persons with disabilities in the open labour market. It also invites the Government to continue to include disaggregated statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Article 4. Equality of opportunity and treatment. The Government indicates that, from 2009 to March 2014, 11,947 persons with disabilities (out of which 4,864 were women) have been referred to the active labour market policy measures, among which 2,943 (out of which 1,100 were women) have been employed in new jobs or have created their own jobs. It also indicates that workers with disabilities have priority over other workers in terms of protection of employment, as well as with respect to annual leave pursuant to the Labour Code. The Committee requests the Government to continue to provide information on the measures taken to ensure equal opportunity and treatment between workers with disabilities, including women workers with disabilities, and other workers.

Article 5. Consultation of the social partners. The Committee asks the Government to provide information on the activities of the Tripartite Commission under the Lithuanian Labour Exchange on the matters covered by the Convention, including the manner in which the representative organizations of and for persons with disabilities are consulted on these matters.

Article 8. Services in rural areas. The Government indicates that there are 12 providers of vocational rehabilitation services in operation. The Committee requests the Government to specify the measures taken to promote the accessibility of the vocational rehabilitation services for persons with disabilities in rural areas.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed information supplied by the Government in its report received in September 2009. The Government indicates that it has adopted the “Strategy for the development of vocational rehabilitation services for persons with disabilities 2007–12”, which lays down long-term objectives for improving the legal framework for enabling persons with disabilities to benefit more from vocational rehabilitation services and for increasing the diversity and quality of services. The Government indicates that persons with disabilities have priority entitlement to assistance from local employment services, unemployment insurance benefits, jobs supported by the Employment Fund and assistance with enterprise start-ups. Law No. X-694 of 15 June 2006 concerning employment support requires the employer to cover 35 per cent of the costs of adapting the working environment for persons with disabilities and that any person with a disability supported by the local employment service shall have his or her post safeguarded for a minimum of 36 months. Employers also undertake to guarantee employment for at least three years for persons with disabilities employed in posts covered by the “Local employment initiative” project. Active employment market policy measures for persons with disabilities are financed by the Employment Fund and any employer who recruits a person with a disability qualifies for incentives such as monthly subsidies. In certain spheres persons with disabilities are also released from the payment of an operating licence for six months and pay only 50 per cent of the amount of the licence for the following six months. They are also exempt from health insurance costs and social charges and are eligible for enterprise start-up courses. More than 700 persons with disabilities are employed by non‑governmental organizations dealing with disability and these are also eligible for exemption from certain charges. The Government indicates that in 2005, 12 persons participated in the vocational rehabilitation programme given by the only specialist institution and, in 2009, 43 persons completed the programme and 13 found employment. In 2008, a total of 1,101 persons with disabilities registered with local employment services, participated in the public works programme and 475 took part in the vocational rehabilitation programme. In 2004, a total of 473 persons with disabilities (including seven with a serious level of disability) found subsidized employment which was specially adapted to their condition compared with 362 (including 200 persons with a serious level of disability) in 2008. The Government also indicates that vocational guidance and training institutions have qualified staff including doctors, psychologists, trainers and vocational rehabilitation specialists. Measures have been taken to ensure that staff have practical experience, including the improvement of skills in relevant areas, the sharing of experience with foreign partners and participation in international conferences and seminars. The Committee requests the Government to supply information in its next report on the results achieved by the measures adopted as part of the “Strategy for the development of vocational rehabilitation services for persons with disabilities 2007–12” to integrate persons with disabilities in the free employment market. It also requests the Government to supply practical information, including statistics (disaggregated as much as possible by age, sex and the nature of the disability), extracts from reports, studies or inquiries on the matters covered by the Convention, and to continue to supply information on the impact in practice of measures taken to implement a vocational rehabilitation and employment policy for persons with disabilities, within the meaning of the Convention (Part V of the report form).

Article 4. Equality of opportunity and treatment. The Government indicates that, according to the Law of December 1998 on equality of opportunity, the employer must take suitable measures to enable persons with disability to obtain employment, pursue a career and to study, and must equip them with the means to facilitate their work. In 2008, a total of 173 persons with disabilities completed the vocational rehabilitation programme, 65 per cent of which were women. Most women work in the areas of crafts, sales or dressmaking. They often remain absent from the employment market out of lack of self-esteem, absence of the necessary occupational skills, or for family reasons. The Government underlines the importance of the vocational rehabilitation programme equipping such women with the necessary knowledge and skills to enable them to better meet the requirements of the job market. It also states that the objective of promoting equality of opportunity, employment and participation in the employment market for persons with disabilities is being implemented through the development of vocational rehabilitation and employment services and by using public and European Union funds. The Committee requests the Government to continue to provide information on progress made in ensuring effective equality of opportunity and treatment between workers with disabilities and other workers.

Article 5. Consultation of the social partners. The Committee notes that the regulations of the Tripartite Labour Commission were approved on 31 December 2006. The Commission is formed of 15 members and includes representatives of the employers, workers and Government. Its tasks include making proposals to the Employment Service with a view to the adoption of suitable preventive measures aimed at reducing unemployment and its social impact. The Committee requests the Government to indicate the manner in which the Tripartite Labour Commission deals with the matters covered by Convention No. 159 and to indicate the manner in which representative organizations of and for persons with disabilities are consulted on the implementation of the vocational rehabilitation policy for persons with disabilities.

Article 8. Services in rural areas. In its observation of 2004 the Committee referred to the comments of the Lietuvos Darbo Federaciija (LDF) concerning the non-application of Article 8 of the Convention. The Government indicates that, in 2005, only one institution was able to provide vocational rehabilitation services and that, in 2009, nine other institutions opened their doors in other cities. Eight further institutions for the development of vocational rehabilitation services for persons with disabilities were selected and are in the process of setting up in other regions of the country, thereby constituting an adequate infrastructure of vocational rehabilitation services. The Committee requests the Government to continue to supply information on the operation of these new vocational rehabilitation institutions and to indicate their degree of accessibility in rural areas.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the detailed information and the statistics supplied in the Government’s report. It notes in particular that in 2003, 1,309 persons with disabilities participated in the programmes of employment clubs, public works and vocational training and that 3,177 worked in subsidized jobs especially adapted to persons with disabilities. It also notes however the observations made by the Lietuyos Darbo Federacija (LDF) received in September 2004, stating that although the national legislation contains numerous provisions on the legal status and social integration of disabled persons, the Convention is not often put into practice. The Committee therefore asks the Government to continue providing information on measures adopted in favour of persons with disabilities in the context of its national policy, in particular concerning the following points.

2. Articles 3 and 7 of the Convention. The Government indicates that there is no uniform and functional system of vocational rehabilitation, which limits the effectiveness of the vocational training services. Vocational rehabilitation infrastructure and services will be further developed under the Strategic Directions for the Development of Vocational Rehabilitation for 2004-10. The Government also indicates that although many measures have been taken to encourage the employment of disabled persons in the open labour market, only those with minor disabilities have any real possibility of finding employment. A bill to revise the Law on social integration was adopted in 2004 (in force in July 2005), under the National Programme on Social Integration of the Disabled for the years 2003-12, in order to replace the notion of "disability level" with that of "work capacity level" and thereby facilitate the occupational integration of disabled people. The Committee asks the Government to continue to provide information on the measures taken to promote the vocational rehabilitation and employment of disabled persons.

3. Article 4. The Government reports the adoption in November 2003 of the Law on equal opportunities, under which special measures to ensure real equality of opportunity and treatment between disabled workers of both sexes and other workers shall not be considered as discriminatory. The Committee notes that the Law on the support for the unemployed contains special positive measures and that, on the recommendation of the Employment Fund, any company with a staff of more than 50 must set aside at least 2 per cent of jobs for disabled persons. The Government indicates that two projects are under way to encourage the integration of women workers with disabilities into the labour market: one financed by the PHARE programme of the European Union and the other conducted jointly by the Information Office for the Disabled, the Lithuanian Labour Market Training Authority and the ILO. The Committee asks the Government to continue to provide information on the implementation of the abovementioned measures and the projects providing for the special positive measures required by Article 4 of the Convention.

4. In this connection, the Committee notes that the Law on equal opportunities provides for the establishment, from 1 January 2005, of an equal opportunities ombudsman, who will hear complaints of equal rights violations. According to the Government, this should facilitate the filing of complaints by persons with disabilities. The Committee asks the Government to keep it informed of the operation and activities of this institution in the areas covered by the Convention.

5. Article 8. The Government indicates that the availability of vocational rehabilitation and employment services for disabled persons is limited in small towns and non-existent in villages. The Strategic Directions for the Development of Vocational Rehabilitation for 2004-10, approved in March 2004, provide for various measures to give effect to this provision of the Convention. Referring to the observations made by the LDF, the Committee asks the Government to keep it informed of developments in this regard.

6. Article 9. The Government indicates that staff qualifications are for the most part obtained through the exchange of experience with foreign partners and participation in international conferences and seminars. A project under the PHARE programme and a project known as "Disability Etiquette" aim to improve the qualifications of staff of the Lithuanian Labour Market Training Authority. The Committee asks the Government to continue to provide information on the measures taken to ensure that suitably qualified staff responsible for vocational rehabilitation are made available to disabled persons.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the detailed information contained in the Government’s first and second reports.

Articles 3 and 7 of the Convention.  The Committee notes that the Government has clearly identified the weaknesses in its system of rehabilitation and employment for persons with disabilities, in particular the lack of adequate funding for education and training. The Committee understands the financial difficulties the Government is currently facing during the process of economic restructuring. It recalls, however, the fundamental importance of education and training in the process of rehabilitation and employment of persons with disabilities. It encourages the Government to give high priority to funding for promotion of rehabilitation and employment for these potential workers, to give full effect to the provisions of the Convention.

Article 4.  The Government states that special protections against dismissal exist for persons with disabilities. Furthermore, the Law on Social Integration of the Disabled provides that persons with disabilities shall be protected from discrimination of all types. The Committee would appreciate receiving further information on how the Law on Social Integration of the Disabled is enforced, what body monitors compliance and what types of sanctions exist.

Article 5.  The Government states that a tripartite commission has been set up under the Lithuanian labour exchange. This commission may make proposals on implementation of policies, and discusses enforcement of law and priority business guidelines. The Government has also established a council for the affairs of the disabled to settle questions related to the disabled. This council includes various ministries, with representation from organizations of persons with disabilities. The Committee would appreciate receiving further information on whether the tripartite commission is consulted on the formulation of policies related to rehabilitation and employment of persons with disabilities, and whether representatives of disabled persons are included.

Article 8.  The Government states that it has increased the number of employment centres in rural areas. The Committee would appreciate receiving further information on the rehabilitation services available in rural areas.