Maritime Labour Convention, 2006 (MLC, 2006) - Lithuania (Ratification: 2013)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for Lithuania on 26 December 2020.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by Lithuania during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. The Committee notes that, in reply to its previous comment, the Government indicates that persons who “perform only temporary work on board that is unrelated to daily operations of a ship” cover specialists which have no signed agreement with the shipowner or with a representative of the shipowner (inter alia, pilots, inspectors, surveyors, auditors, superintendents, shore-based repair technicians and port workers); on the contrary, security guards of the ferries, who are employed by the shipowners, fall under the definition of seafarer. The Committee also notes the Government’s indication that the Lithuanian Transport Safety Administration has not received so far, any cases of doubt from shipowners’ and seafarers’ organizations as to whether any categories of persons are to be regarded as seafarers for the purpose of the Convention and therefore no consultations are required under Article II, paragraph 3, of the Convention. While noting this information, the Committee considers that, in order to avoid legal uncertainties as to the categories of persons covered by the Convention, clear criteria should be adopted to determine which are the categories of workers who “perform only temporary work on board that is unrelated to daily operations of a ship” and who are therefore not to be considered seafarers for the purpose of the Convention. The Committee accordingly requests the Government to adopt precise criteria to define the categories of workers not to be considered as seafarers for the purpose of the Convention, after consultations with the shipowners’ and seafarers’ organizations concerned as required by Article II, paragraph 3.

Article V. Enforcement. The Committee requested the Government to comment on the Lithuanian Seafarers Union (LSU) allegation that there is no sufficient regulation nor dissuasive sanctions in Lithuanian legislation to prevent the violation of the MLC, 2006. The Committee notes the Government’s indication that there have been no changes in the Code of Administrative Offences regarding the applicable penalties for the violation of labour legislation, including standards of living and working conditions on board Lithuanian flagged ships. The Committee also notes the Government’s reference to article 25 of the Law on Maritime Safety which authorizes the inspectors to detain a ship in port in specific cases related to, among others, minimum safe manning requirements, certificates of competence and marine safety requirements. The Committee requests the Government to indicate the specific additional measures adopted or envisaged to establish sanctions or impose corrective measures which are adequate to discourage violations of the requirements of the Convention, in conformity with Article V, paragraph 6.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, in reply to its previous comment, the Government states that: (1) Subparagraph 22.14 of the Description of the Procedure for Organizing the Recruitment, Work and Professional Training of Persons Under 18 Years of Age and the Conditions for Child Employment, approved by Resolution No. 518 of 28 June 2017 (Resolution No. 518), was amended on 15 April 2020 (Resolution No. 376) and no longer includes an exception for seafarers; (2) Resolution No. 1386 of the Government of the Republic of Lithuania of 3 September 2002 was abolished and thus the List of hazardous work is not valid from 1 May 2020; (3) the Description of the Procedure for Organising the Recruitment, Work and Professional Training of Persons under Eighteen Years of Age and the Conditions for Child Employment indicates the list of prohibited jobs (item 22 with sub-items), and the list of harmful or dangerous working environment factors (item 23 with sub-items) on which it is forbidden to appoint persons under the age of 18 to work or to train practically; social partners and stakeholders were consulted at the project stage of this legal act. While noting the above information the Committee requests the Government to clarify if the lists adopted under the Description of the Procedure for Organising the Recruitment, Work and Professional Training of Persons under Eighteen Years of Age and the Conditions for Child Employment, take into account the particularities of the work on board. It also requests the Government to provide the full body of the said Description, currently in force, with its next report.

Regulation 1.4 and Standard A1.4, paragraph 5. Recruitment and placement. Private services. Requirements. The Committee requested the Government to provide information on how it gives effect to Standard A1.4, paragraph 5(a), (b), (c)(ii), (iii) and (vi) and to respond to the observations of the LSU regarding failures to fully implement these requirements of the Convention. The Committee notes the Government’s indication that the Lithuanian Transport Safety Administration (LTSA), before attesting (licensing) companies for carrying out activities of seafarers’ recruitment and later supervising their activity, checks their compliance with all requirements of Standard A1.4. The Committee also notes the Government’s indication that the LTSA notes that pursuant to the articles 11 and 12 of the Law on Treaties of the Republic of Lithuania, the ratified and published international Conventions have the force of law and their provisions do not have to be transposed into national law. Recalling that section 39(11) of the Law on Maritime Safety does not cover all the requirements of the Convention, the Committee requests the Government to take the necessary measures to ensure legal certainty by reflecting in one same law the detailed requirements of Standard A1.4, paragraph 5.

The Committee further requested the Government to comment on the LSU’s observations in relation to the high number of licensed private agencies and the licensing system which makes obtaining licences very easy. The Committee notes the Government’s indication that in accordance with the established provisions of legal acts, only companies licensed and supervised by the LTSA can carry out seafarer recruitment activities in the Republic of Lithuania. LTSA provides licenses to companies that comply with requirements of paragraphs 38 and 39 (11) of the Law on Maritime Safety. The Committee refers to its comment on the previous paragraph.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee notes that, in reply to its previous comment and the observations of LSU, the Government refers to the provisions of the Labour Code providing for the obligation of the employer to inform the employee about the employment conditions prior to starting work, which however do not address the Committee’s specific request. Therefore, the Committee requests the Government to indicate the measures taken or envisaged to fully implement Standard A2.1, paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraph 1(d) and 2. Access to information about conditions of employment. The Committee notes that, in reply to its previous comment, the Government refers to the provisions of the Labour Code providing for the obligation of the employer to inform the employee about the employment conditions prior to starting work as well as to the Description of the Specific features of work and rest hours in the sectors of economic activities, approved by resolution No. 496 of the Government of the Republic of Lithuania 21 June 2017 “On the implementation of the Labour Code of the Republic of Lithuania”, which however do not address the Committee’s specific request. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure that clear information as to the conditions of their employment, including collective bargaining agreements, can be easily obtained on board by seafarers.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that, in reply to its previous request, the Government states that the boxes for comments on the conduct and ability included in the approved document for seafarer record of employment (provided by the Government) are left blank pursuant to the Order No. 2BE-282 regarding the approval of the rules for filling out the Seafarer’s book, adopted by the Director of Lithuanian Transport Safety Administration on 28 October 2021. While noting the Government’s reply, the Committee requests the Government to amend the format of the Seafarer’s book to be in full conformity with the requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and 4. Seafarers’ employment agreement. Signature of the seafarer and shipowner. Content. The Committee notes that, in reply to its previous request, the Government provides an updated model form of Seafarer’s Employment Agreement annexed to Resolution No. 513 of 28 June 2017 of the Government of the Republic of Lithuania. The Committee notes that the content of the new model form includes the elements required by Standard A2.1, paragraph 4. The Committee further notes that the model SEA refers to the signature of the employer and not of the shipowner. The Committee recalls in this regard the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention and the fact that under Standard A2.1, paragraph 1(a), every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee requests the Government to confirm whether the use of the model SEA is mandatory.The Committee further requests the Government to indicate the measures taken or envisaged to fully comply with Standards A2.1, paragraph 1(a), ensuring that in all cases SEAs are signed by the shipowner.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee requested the Government to take the necessary measures to ensure that the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons is taken into account, in accordance with Standard A2.1, paragraph 6. The Committee notes the Government’s reference to Article 88 of the Law on Merchant Shipping which mainly regulates the conditions of seafarers’ repatriation and therefore does not address the Committee’s specific request. Accordingly, the Committee reiterates its previous request.

Regulation 2.1 and 2.2 and Standard A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraphs 8, 9 and 14. Compensatory rest.Noting that the Government does not provide information on this point, the Committee requests the Government once again to indicate how it gives effect to the detailed requirements of Regulation 2.3 and Standard A2.3, paragraphs 8, 9 and 14.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes that, in reply to its previous comment, the Government refers to articles 127, 128 and 129 of the Labour Code of the Republic of Lithuania which gives effect to this requirement of the Convention. The Committee notes this information which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that, in response to its previous request, the Government refers to article 88 of the Law on Merchant Shipping and the model form of the seafarer’s employment agreement. The Committee notes however that article 88 of the Law on Merchant Shipping does not provide information on the precise entitlements to be accorded by shipowners for repatriation pursuant to Standard A2.5.1, paragraph 2(c), while it refers only to repatriation in the place of permanent residence of the seafarer. The Committee accordingly requests the Government to bring its legislation in conformity with this requirement of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee requested the Government to provide its comments on the LSU’s allegation that the financial security system required in Standard A2.5.2 is not in place and is just a mere declaration. The Committee notes the Government’s indication that in accordance with the established requirements of legal acts, ships flying the Lithuanian flag must have insurance that provides financial security to ensure that seafarers are repatriated as defined in Standard A2.5.2 and that there is no information indicating that these requirements are not being met. The Committee further notes the Government’s indication in relation to the implementation of the 2014 amendments to the code of the Convention that according to the requirements of the Law on Treaties of the Republic of Lithuania, articles 11 and 12, ratified and published Conventions have the force of law and their provisions do not have to be transposed into national law. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2).

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee requested the Government to indicate how it has given effect to Regulation 2.6 related to the compensation to which seafarers are entitled in the case of injury or unemployment arising from the ship’s loss or foundering. The Committee notes the Government’s reference to article 91 of the Law on Merchant Shipping, which however does not give effect to this requirement.The Committee accordingly requests the Government to amend its legislation to fully implement this requirement of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Various requirements. The Committee requested the Government to provide information on the implementation of Standard A3.1, paragraph 9(f)(iii) (floor area in sleeping rooms), Standard A3.1, paragraphs 14 (space on open deck) and 15 (ship’s offices).

The Committee notes with interest the Government’s indication that the Lithuanian Hygiene Standard HN 113-2001 “Ships. Hygiene Standards and Rules” was amended by Order No. V-250 of the Minister of Health of the Republic of Lithuania of 26 February 2019 regarding floor areas and the fact that mess rooms must be located apart from the sleeping rooms and as close as practicable to the galley. The Committee also notes the Government’s indication that it will adopt further clarification of Hygiene Standard HN 113-2001 requirements bringing them in full conformity with Standard A3.1. The Committee accordingly requests the Government to indicate the progress made to give effect to Standard A3.1, paragraphs 14 (space on open deck) and 15 (ship’s offices), to ensure full compliance with Regulation 3.1 and the Code.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee requested the Government to comment on LSU’s allegation that Order No. 510 of the Minister of Health of 25 November 1999 on the “approval of recommended daily nutrition and energy norms” serves only as a recommendation and has no special provisions for the seafarers. The Committee notes the Government’s indication that seafarers’ daily rations and food norms were adopted by Order No. V-516 of Minister of Health of the Republic of Lithuania on 22 April 2015. The Committee notes the Government’s indication that this Order sets out the minimum daily ration and dietary intake for a seafarer, taking into account the religious needs and cultural practices of seafarers in relation to food. The Committee takes note of this information which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. Dental care ashore. The Committee requested the Government to provide its comments on LSU’s allegation that, despite the legislation in force, the dental care in Lithuania is poor, not free of charge and the scope of emergency medical aid is very limited, meaning that in order to be eligible for emergency treatment, the person’s state of health has to threaten her/his life. The Committee notes the Government’s indication that seafarers working on ships flying the Lithuanian flag, like other employees, are covered by the compulsory health insurance and that persons covered by the compulsory health insurance are entitled to free of charge primary dental care services, listed in the Order No. V-483 of the Minister of Health of the Republic of Lithuania of 23 May 2008 on the Approval of the Scope (Composition) of Primary Dental Care (Assistance) Services Reimbursed from the Budget of the Compulsory Health Insurance Fund. While noting this information, the Committee requests the Government to respond to the observations of the LSU on the problems related to the implementation in practice of this legislation.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. The Committee notes that, in reply to its previous comment, the Government indicates that the Minimum requirements for the provision of medical care on board ships, approved by Order No. V-656/3-358/A1-226 of the Minister of Health, the Minister of Social Security and Labour and the Minister of Transport and Communications, will be amended. The Committee accordingly requests the Government to indicate the progress made to fully comply with Standard A4.1, paragraph 4(b) of the Convention.

Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s indication, in reply to its previous comment, that pursuant to article 88, paragraphs 7 and 8 of the Law on Merchant Shipping of the Republic of Lithuania, the shipowner must have placed appropriate security relating to possible cases of liability prescribed by national or international legislative acts, issued by a P&I association, member of the IG Group of P&I Clubs, a bank or other entity that is entitled to a business of securing the discharge of obligations. The Committee also notes the Government’s indication than pursuant to Article 91 of the Law on Merchant Shipping of the Republic of Lithuania, shipowners must ensure the implementation of the requirements for maritime labour set out in the international treaties and legal acts of the Republic of Lithuania on board a ship, therefore ships which are required to have a Maritime Labour Certificate must carry on board a certificate of the insurance or the other financial security. While noting this information, the Committee recalls that pursuant to Standard A4.2.1, paragraphs 8–14 and Standard A4.2.2, national laws and regulations shall provide that the financial security system meets certain minimum requirements which apply to all ships covered by the Convention and not only to those which must carry a Maritime Labour Certificate. The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A4.2.1, paragraphs 8–14 and Standard A4.2.2 and to provide replies to the relevant questions mentioned in its previous Request.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee notes that, in reply to its previous request, the Government once again refers to the provisions of the Law on Safety and Health at Work and to the Order 216 of the Minister of Transport and Communications of the Republic of Lithuania of 29 June 2001 “On the approval of general rules on the occupational safety on board”. Recalling that Regulation 4.3, paragraph 2, provides that national guidelines for the management of occupational safety and health on board shall be developed and promulgated after consultation with representative shipowners’ and seafarers’ organization, the Committeerequests the Government to take the necessary measures to comply with this requirement of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requested the Government to provide information on the measures taken to implement Regulation 4.4 and the Code as well as its comments on LSU’s allegation that while the seafarers’ welfare services have been organized and provided by the LSU assisted by the International Transport Workers’ Federation (ITF) Welfare Fund, the Government (Klaipeda State Seaport Authority) only marginally contributes to the funding. The Committee notes the Government’s indication that (1) a Seafarers Welfare Board was established by the order No. 3-323-(E) of the Minister of Transport and Communications in 2014 (as amended by order No. 3-363, 2021-07-21), which is responsible for the welfare of seafarers; (2) welfare facilities in Klaipeda port and city are accessible to all seafarers; (3) pursuant to Article 4, Part 2 of the Law on Merchant Shipping of the Republic of Lithuania and Clause 16 of Article 11 of the Klaipėda State Seaport Law of the Republic of Lithuania, the Minister of Transport and Communications has approved the Provisions of the Seamen’s Welfare Council in Lithuania. This Council, in charge of the welfare of seafarers, is composed of representatives of all interest in the maritime sector. The Committee takes note of this information and requests the Government to provide information on any developments regarding seafarer welfare facilities in its ports.

Regulation 4.5 and the Code. Social security. The Committee requested the Government to comment on the LSU’s observations that as a result of recent amendments to the law, seafarers working on board ships flying a foreign flag, including citizens, are denied access to the State Social Insurance Fund and are forced to choose a private fund. In the absence of a Government’s response on this issue, the Committee reiterates its request. The Committee further notes that, in reply to its previous comment, the Government provides information on a number of bilateral social security agreements. The Government also indicates that seafarers ordinarily resident in Lithuania who work on a foreign flagged vessel outside the European Union and outside the countries with which bilateral social security agreements were concluded, are covered by the legislation of the foreign country. As Lithuanian residents, they will have to pay a compulsory health insurance contribution. The Committee requests the Government to indicate if currently there are seafarers who fall into that situation and, if that is the case, to inform about the measures taken or envisaged to ensure that those seafarers are entitled to social security benefits in accordance with the Convention.

The Committee further requested the Government to provide its comments on LSU’s observations regarding the “daily allowance” – which forms up to 50 per cent of the seafarers’ income – but is not taken into account when calculating social benefits. The Committee takes note of the Government’s indication that (1) the daily allowance issue is currently under discussion since a consensus should be achieved between many different interests’ groups including seafarers, shipowners, ministries, and seafarers’ unions, (2) under the initiative of the Minister of Transport and Communications, the Advisory Council of the Maritime Transport Sector, consisting of representatives of Lithuanian shipowners, seafarers, Klaipėda State Seaport Directorate and various other shipping interests participating in the formation and implementation of maritime policy, resumed its activities in 2021 and it is expected to facilitate the discussion on the daily allowance issue. The Committee requests the Government to provide information on the progress of the relevant consultations.

Regulation 5.1.6 and the Code. Marine casualties. The Committee notes that, in reply to its previous comment, the Government refers to Article 48 of the Law on Maritime Safety and Order No. 1R-386 regarding the approval of the description of the procedure for the safety investigation of ship accidents and incidents adopted by the Minister of Justice of the Republic of Lithuania on 30 December 2015 as amended. The Committee also notes that Order No. 3-461 “On approval of the regulations on safety investigations into marine casualties and incidents” of 29 July 2011 was amended on 29 January 2016 (version of the Order No. of the Minister of Transport and Communications of the Republic of Lithuania of No. 3-28(1.5E)). The Committee notes this information, which addresses its previous request.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes the observations of the Lithuanian Seafarers Union (LSU) received by the Office on 24 August 2018. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Lithuania on 18 January 2017 and 8 January 2019, respectively. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee previously noted that section 2(10) of the Maritime Shipping Law of 12 September 1996 excludes from its scope of application persons whose principal work is being performed ashore and who perform only temporary work on board that is unrelated to daily operations of a ship. It requested the Government to provide information on the specific categories of persons covered by this provision, as well as on the consultations with the social partners required by Article II, paragraph 3, of the Convention. The Committee notes that the Government provides no new information in this regard. It also notes that, according to the observations of the LSU, the above-mentioned determination is “very abstract and questionable” as problems may arise for categories such as repairmen performing work while ship is on voyage, or security guards on ferries, including the question of their coverage under applicable collective agreements. The LSU adds that none of the consultation procedures required by the MLC, 2006, has taken place yet. The Committee recalls that under Article II, paragraph 3, in cases of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of the Convention, the question shall be determined by the competent authority after consultation with the shipowners’ and seafarers’ organizations concerned. It requests the Government to provide further information on the categories of workers who “perform only temporary work on board that is unrelated to daily operations of a ship” pursuant to section 2(10) of the Maritime Shipping Law and to carry out the consultations required under Article II, paragraph 3, of the Convention.

Article V. Enforcement. In its previous comments, the Committee requested the Government to indicate the provisions of laws and regulations or other measures, which prohibit violations of the requirements of the Convention and establish sanctions or require the adoption of corrective measures to discourage such violations. The Committee notes the Government’s reference to various provisions, especially those of the Code of Administrative Offences, which impose penalties for the violation of labour legislation, including standards of living and working conditions on board Lithuanian flagged ships. It also notes the LSU’s allegation that there is no sufficient regulation in Lithuanian legislation to prevent the violation of the MLC, 2006. The LSU indicates that, despite few provisions in the Code of Administrative Offences related to the safety of the shipping at sea, there are no specific regulations and the existing sanctions are not sufficiently dissuasive. For instance, section 401(15) of the Code of Administrative Offences imposes a fine for the shipowner of between €300 and €1,450 and for the master of between €30 and €300 for the breach of the crew living and work conditions, but only if this endangers human health and the ship was detained in the port of Lithuania or abroad. The Committee requests the Government to provide its comments in this respect.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s information in reply to its previous comments that, under section 36(9) of the Law on Safety and Health at Work, work of adolescents (persons from 16 to 18 years of age) is prohibited from 10 p.m. to 6 a.m. and night time for adolescents working on board a ship is a period of nine hours which begins not later than 10 p.m. and finishes not earlier than 6 a.m. The Committee also notes the LSU’s indication that the above-mentioned Law has been recently amended to comply with the requirement of nine hours of working time at night. The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting the Government’s reference to general legislation determining types of work likely to jeopardize the health or safety of young persons under 18 years (Resolution No. 138 of 29 January 2003), the Committee requested the Government to specify how such lists would be adapted to take into account the specific conditions of work on board ships for young seafarers under 18 years of age, and to provide information on consultations with the shipowners’ and seafarers’ organizations concerned, as required under Standard A1.1, paragraph 4. The Committee notes the Government’s reference to the Description of the Procedure for Organizing the Recruitment, Work and Professional Training of Persons Under 18 Years of Age and the Conditions for Child Employment, approved by Resolution No. 518 of 28 June 2017 (Resolution No. 518), which repealed Resolution No. 138 of 29 January 2003 cited above. Resolution No. 518 provides for a list of hazardous types of work/trainings, which may not be undertaken by persons under 18 years. The Committee notes that this list includes: “22.14 Work included into the list of hazardous work approved by 3 September 2002 Resolution No 1386 of the Government of the Republic of Lithuania, except for work on ships”. The Committee notes that Resolution No. 1386 prohibits work for young persons under 18 years of age on ships and other floating equipment as defined in the Law of the Republic of Lithuania on Safe Navigation and in the Code of Inland Waterway Transport of the Republic of Lithuania (section 3.4.4 of the Resolution). The Committee understands from the reading of Resolution No. 518 that it is now possible for young persons under 18 years to perform every type of work, including hazardous work, on ships. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee requests the Government to indicate the measures taken to ensure conformity with Standard A1.1, paragraph 4, in particular with regard to the determination of the list of types of hazardous work for seafarers under 18 years after consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.4 and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. Private services. Requirements. Consultations. The Committee requested the Government to provide information on consultations with the shipowners’ and seafarers’ organizations concerned with regard to the establishment of the system of certification, as well as on the laws, regulations or other measures providing for the minimum requirements concerning the functioning of private seafarer recruitment and placement services. The Committee notes the Government’s reference to section 39(11) of the Law on Maritime Safety, which establishes the key requirements for companies carrying out activities of seafarers’ recruitment, such as (i) to have electronic means to submit data on employment of seafarers to the Lithuanian Register of Seafarers; (ii) to have a cooperation agreement with a shipping company regarding employment of seafarers or other document confirming the intention to conclude such an agreement (including guarantees to ensure the compensation of seafarers for their material losses in case of a company's failure to fulfil an obligation to recruit them, liabilities to pay wages, obligations to return seafarers to their place of residence, if the shipping company left a seafarer at a foreign port); (iii) to have data on seafarers employed and, at a request of the Administration, provide it with such information. The Committee notes the LSU allegations that compliance with most of the MLC, 2006, requirements is left to the agencies “goodwill”. The LSU indicates that, for instance, the agency has simply to “confirm” that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer; the same “confirmation” regarding the non-use of the “blacklists” or other means preventing from employment is deemed sufficient to obtain a licence. Furthermore, the legislation imposes no sanctions for the breach of these declarations. The LSU further indicates that the requirement of Standard A1.4, paragraph 5(c)(vi) (insurance or an equivalent appropriate measure to compensate seafarers for monetary loss) is completely neglected. The Committee recalls that Standard A1.4, paragraph 5, provides for a number of requirements for private seafarer recruitment and placement services, which do not appear to be covered by section 11 of the Law on Maritime Safety, such as the prohibition of blacklisting, the prohibition of charging fees to the seafarer, verifying that seafarers are informed of their rights and duties prior to engagement and that they are qualified and their seafarers’ employment agreements are in conformity with applicable legislation (Standard A1.4, paragraph 5(a), (b), (c)(ii) and (iii)). The Committee requests the Government to provide information on how it gives effect to these requirements of the Convention. With regard to the implementation of Standard A1.4, paragraph 5(c)(vi) (insurance to compensate seafarers for monetary losses), the Committee notes that the guarantee provided by section 11 of the Law on Maritime Safety mentioned above is not sufficient to comply with this requirement, as the system of protection should not only cover compensation for the failure of the recruitment and placement service to meet its obligations under the seafarers’ employment agreement but also for the failure of the shipowner to meet those obligations. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A1.4, paragraph 5(c)(vi), providing details on the system of protection established (insurance or an equivalent appropriate measure).

The Committee further notes the LSU’s observations that it considers that the number of licensed private agencies is too high – 35 active agencies serving approximately 6,500 active seafarers. The LSU also indicates that the licensing system was established without consultation with seafarers’ representatives, which makes obtaining licences very easy. The Committee requests the Government to provide its comments in this respect.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee requested the Government to provide information on measures taken to ensure that seafarers signing a seafarers’ employment agreement are given an opportunity to seek advice on the agreement before signing. The Committee notes that the Government refers to the Maritime Shipping Law and to the provisions of the Labour Code providing for the obligation of the employer to inform the employee about the employment conditions prior to starting work. The Committee notes the LSU’s indication that there are no provisions in the national legislation to give application to this provision; since the decision to sign the agreement is taken between the private recruitment agency and the seafarer, often seafarers are forced to sign the agreements in urgency without proper knowledge of the conditions. The Committee requests the Government to provide its comments in this respect.

Regulation 2.1 and Standard A2.1, paragraph 1(d) and 2. Access to information about conditions of employment. The Committee requested the Government to provide information on the implementation of Standard A2.1, paragraphs 1(d) (clear information on board on the conditions of employment) and 2 (copy of collective agreement on board). The Committee notes that the Government only refers in general to the information that the employer shall give to the employee before starting employment. The Committee notes the LSU’s allegation indicating that only few crewing agencies have and provide information to seafarers about the collective bargaining agreements applicable to the ships on board of which seafarers work. The Committee requests the Government to provide information on how it implements the requirement that seafarers shall have easy access to information on board ship about their conditions of employment, including to collective bargaining agreements, which form part of seafarers’ employment agreements.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes the Government’s information that every seafarer is issued a seafarer's book in accordance with the procedure specified by the Ministry of Transport and Communications. It notes that the government supplied copy of an example of the approved document for seafarer record of employment. It observes, however, that the document contains a space for remarks, which includes boxes for comments on the conduct and ability. The Committee recalls that under Standard A2.1, paragraph 3, the document containing a record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages. It requests the Government to take the necessary measures to ensure conformity with this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the model of seafarers’ employment agreement (SEA) supplied by the Government refers to the provisions of the old Labour Code of 2002, while a new Labour Code has been adopted in 2016 which entered into force in July 2017. It also notes the LSU’s observation that the model provided for by national legislation serves only as a “specimen” and is not compulsory. The LSU also indicates that the model form is not in line with Standard A2.1, paragraph 4, as it does not include all the mandatory information. The Committee requests the Government to provide an updated model of a seafarers’ employment agreement that is in conformity with Standard A2.1, paragraph 4, of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee requested the Government to specify how this provision of the Convention is implemented. The Committee notes the Government’s reference to section 60 of the new Labour Code, which provides for cases in which the employment contract may be terminated without notice. It notes the LSU’s allegations that despite the adoption of the new Labour Code, which entered into force in July 2017, there are no provisions in the Labour Code or in other legislation determining any special circumstances and conditions regarding the seafarers’ right to terminate the contract on shorter notice, apart from the circumstances provided by the Labour Code which apply to all employees. Noting that the new provisions of the Labour Code, as the old ones, do not take into account the specificities of seafarers, the Committee requests the Government to take the necessary measures to ensure that the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons is taken into account, in accordance with Standard A2.1, paragraph 6.

Regulation 2.3 and Standard A2.3, paragraphs 8, 9 and 14. Compensatory rest. The Committee noted that the Declaration of Maritime Labour Compliance (DMLC), Part I, referring to Resolution No. 587 of 2003, indicates that during ahoy tasks that are carried out during the scheduled rest period, the time of work is summarized and compensated to the crew members by granting them a rest day according to the employment contract, collective agreement or internal rules, or by paying them an amount equal to the amount paid for overtime work. The Committee requested the Government to provide information on the measures taken to ensure that seafarers whose schedule of hours of rest is temporarily suspended in accordance with the Convention are always granted an adequate period of rest, regardless of any financial compensation, as required by Standard A2.3, paragraphs 8, 9 and 14. The Committee notes that the Government refers to the provisions of Resolution No. 496 of 2017 on the implementation of the Labour Code, which reproduce the provisions of Resolution No. 587 of 2003 on the completion of drills. The Committee again requests the Government to take the necessary measures to ensure that seafarers whose schedule of hours of rest is temporarily suspended in accordance with the Convention are always granted an adequate period of rest, regardless of any financial compensation, as required by Standard A2.3, paragraphs 8, 9 and 14.

Regulation 2.4 and Standard A2.4, Paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee requests the Government to specify whether any agreements to forgo the minimum annual leave with pay are prohibited under national legislation and to refer to the applicable legislation.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee requested the Government to specify how this provision of the Convention is implemented. The Committee notes the Government’s indication that the shipowner shall organize the repatriation of the seafarer and pay the costs associated with the journey of the seafarer to the place of permanent residence. The Committee requests the Government to provide information on the entitlements to be accorded by shipowners for repatriation, including those relating to the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5.1, paragraph 2(c)). The Committee recalls that Guideline B2.5.1, paragraph 7, provides that seafarers should have the right to choose from among the prescribed destinations (listed in paragraph 6 of the same Guideline) the place to which they are to be repatriated. It requests the Government to provide information on how it has given due consideration to this provision of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s information that under section 88(7) of the Maritime Shipping Law, the shipowner of a ship flying the Lithuanian flag must have a valid measure to secure the discharge of obligations related to repatriation of seafarers, which shall be granted by an insurance company or mutual business entity, by members of the Protection and Indemnity Insurance (P&I) Clubs, or by a bank or another similar entity. The Committee also notes that the Government has supplied a copy of the certificate of insurance in respect of seafarers’ repatriation costs and liabilities as required under Standard A2.5.2. It further notes the LSU’s allegation that the financial security system required in Standard A2.5.2 is not in place and is just a mere declaration. The Committee requests the Government to provide its comments in this regard.

The Committee draws the Government’s attention to the following questions of the report form of the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to all the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes that the Government provides no reply to its comments on this point. It also notes the LSU’s indication that there are no provisions in national legislation regarding these matters. The Committee again requests the Government to indicate how it has given effect to Regulation 2.6 and in particular to provide details on the compensation to which seafarers are entitled in the case of injury or unemployment arising from the ship’s loss or foundering.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Various requirements. The Committee requested the Government to provide information on the implementation of various requirements of this Regulation. The Committee takes note of the Government’s clarifications, in particular with regard to the provisions giving effect to Standard A3.1, paragraphs 7(b) (air conditioning), 11(a) (separate sanitary facilities), 17 (recreational facilities), 20 and 21 (exemptions of ships less than 200 gross tonnage). It also notes the Government’s information that taking into account the Committee’s request to bring legislation into conformity with Standard A3.1, paragraph 9(f)(iii) (floor area in sleeping rooms), section 14.25.5 of Lithuanian Hygiene Standard HN 113:2001 “Ships. Hygiene Standards and Rules” approved by Order No. 671 of the Minister of Health of 28 December 2001 (Hygiene Standard HN 113:2001) will be amended. In addition, to clarify the requirements of Hygiene Standard HN 113:2001, a provision will be added by which mess rooms should be located apart from the sleeping rooms. The Committee requests the Government to provide information on any developments in this regard. It further requests the Government to indicate the provisions giving effect to Standard A3.1, paragraphs 14 (space on open deck) and 15 (ship’s offices).

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee notes the LSU’s allegation that Order No. 510 of the Minister of Health of 25 November 1999 on the “approval of recommended daily nutrition and energy norms” serves only as a recommendation and has no special provisions for the seafarers. It requests the Government to provide its comments in this respect.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. Dental care ashore. The Committee requested the Government to provide information on the measures taken to ensure that seafarers working on ships flying its flag have the right to visit, free of charge, a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c) and (d)). The Committee notes the Government’s information that under section 88(4) of the Law on Merchant Shipping, if during the voyage, the seafarer fell sick, was injured, died or got killed during the voyage, the master of a ship shall pay all the expenses for the seafarers’ treatment, care, nursing by the date on which the seafarer is considered duly repatriated and transportation of the remains. It further notes the Government’s reference to sections 13 and 14 of Order No. V-656/3-358/A1-226, which in case of urgent medical consultation provide for free radio advice by the Klaipeda Seaman Hospital and reporting to the Maritime Rescue Coordination Centre of the Naval Force of Lithuanian Armed Forces or to the search and rescue service of another State about the urgent need for hospitalization. The Committee notes the LSU’s allegation that, despite the legislation in force, the situation in Lithuania regarding dental care is highly unacceptable as not only it is almost impossible to get free dental care services to anyone, but also the scope of emergency medical aid is very limited. Moreover, in order to be eligible for emergency treatment, the person’s state of health has to threaten her/his life. If an injury occurs (after an accident), the eligibility will depend on its seriousness and on what threat it may cause to the patient’s health. The Committee requests the Government to provide its comments in this regard.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Minimum requirements. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s indication in reply to its previous comments that Order No. V-957/3-707 of 10 November 2011 of the Minister of Health and the Minister of Transport and Communications “On the approval of the description of procedure for the issue and control of pharmacy supplies on board” gives application to this provision of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. The Committee notes the Government’s information that minimum requirements for medical aid on board ships approved by Order No. V-656/3-358/A1-226 of the Minister of Health, the Minister of Social Security and Labour and the Minister of Transport and Communications provides that ships whose crew has at least 100 members and who are engaged on international voyages for more than three days, but not more than three months, and ships whose crew has at least 50 members and who are engaged on international voyages for more than three months must have a medical doctor on board who is responsible for providing medical care. The Committee recalls that Standard A.1, paragraph 4(b), provides for the obligation of having a qualified medical doctor for “ships carrying 100 or more persons …”. The general expression “persons” does not only include seafarers but may include other persons on board not in the quality of seafarers, such as passengers. The Committee requests the Government to indicate the measures taken to bring its legislation into conformity with the provisions of Standard A4.1, paragraph 4(b) of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s information in reply to its previous comments that the “Minimum requirements for medical aid on board of ships” approved by Order No. V-656/3-358/A1-226 of the Minister of Health, the Minister of Social Security and Labour and the Minister of Transport and Communications provides that, when the urgent medical consultation is needed, the physician or responsible staff shall consult with doctors of the Klaipėda Seamen's Hospital on radio. These consultations are free of charge and they are available 24 hours a day. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes that the Government has supplied a copy of the certificate of insurance in respect of shipowners’ liability as required under Standard A4.2.1. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee requested the Government to indicate whether the national guidelines required under Regulation 4.3, paragraph 2, had been adopted and if so, if consultations with the representative shipowners’ and seafarers’ organizations had taken place. The Committee notes the Government’s indications that national guidelines on health and safety at work are set in the Law on Safety and Health at Work. The Committee recalls that Regulation 4.3, paragraph 2, provides that national guidelines for the management of occupational safety and health on board shall be developed and promulgated after consultation with representative shipowners’ and seafarers’ organizations. The Committee again requests the Government to take the necessary measures to adopt, after consultation with the representative shipowners’ and seafarers’ organizations, national guidelines for the management of occupational safety and health on board ships that fly its flag.

Regulation 4.3 and Standard A4.3, paragraphs 1, 2, 5, 6 and 8. Health and safety protection and accident prevention. Policies and programmes. Reporting, statistics and investigation. Risk evaluation. The Committee notes that, in reply to its previous comments, the Government provides information on the provisions of the Law on Safety and Health at Work, inter alia, on risk assessment, investigation and reporting of accidents and protection of persons under 18 years. The Committee also notes that the Declaration of Maritime Labour Compliance (DMLC), Part II outlines the shipowner’s practices or on board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases on board. The Committee takes note of this information, which addresses its previous request.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requested the Government to provide information on the measures taken to implement this Regulation. The Committee notes the absence of information by the Government in this regard. It also notes the LSU’s allegation that the Klaipeda State Seaport Law (section 11(16)) clearly states that Klaipeda State Seaport Authority shall organize social household services for seafarers. Notwithstanding that, for more than 12 years, seafarers’ welfare services were organized and provided by the LSU with the assistance from the ITF Welfare Fund. The Government (Klaipeda State Seaport Authority) only marginally contributed to the funding. Currently, the LSU is in process of ending these services because of the excessive financial burden. The Committee requests the Government to provide its comments in this respect. It further requests the Government to provide information on the measures taken to implement Regulation 4.4 and the Code.

Regulation 4.5 and the Code. Social security. In its previous comments, the Committee requested the Government to indicate: (i) which of the branches specified are covered under the social insurance; (ii) whether the insurance also covers the dependants of seafarers ordinarily resident in the country; (iii) whether the resulting protection is not less favourable than that enjoyed by shoreworkers resident in Lithuania; (iv) the applicable legislation; (v) the conclusion of any bilateral or multilateral arrangements regarding the provision of social security protection to seafarers; and (vi) the measures taken to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee notes the Government’s information that seafarers, as other persons working under employment contracts, are covered by the types of social insurance stipulated in the legislation on state social insurance, i.e. (i) the pension social insurance, where the insured person receives the general (universal) and/or the individual parts of a pension, as provided for in the Law on Social Insurance Pensions; (ii) the sickness and maternity social insurance, where the insured person receives the sickness, maternity, paternity, childcare and vocational rehabilitation benefits provided for in the Law on Sickness and Maternity Social Insurance; (iii) the unemployment social insurance, where the insured person receives the benefits provided for in the Law on Unemployment Social Insurance; (iv) the social insurance of occupational accidents and occupational diseases, where the insured person receives the benefits provided for in the Law on Social Insurance of Occupational Accidents and Occupational Diseases; and (v) the health insurance, where the insured person benefits from the healthcare services and the compensations provided for in the Law on Health Insurance. The Committee notes that the majority of the benefits provided under the above schemes are not linked to residence in Lithuania but to the existence of an employment contract in Lithuania. At the same time, the Committee notes the Government’s reference to the direct application of European Regulations on the coordination of social security systems (Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended), which ensure that citizens making use of their right to free movement will benefit from the social security system of one Member State. The Government also mentions the conclusion of bilateral social security agreements with Belarus, Ukraine, Russian Federation, United States, Canada and Republic of Moldova. The Committee notes the LSU’s observations indicating that recently national legislation has been amended with respect to seafarers working on board ships flying a foreign flag. As a result, such seafarers, including citizens, are denied access to the State Social Insurance Fund. Moreover, they are not allowed to make a voluntarily contribution and are forced to choose a private fund. The LSU indicates that this situation does not apply to health insurance, which is compulsory. The Committee requests the Government to provide its comments in reply to the LSU’s observations. It also requests the Government to provide information on whether and how the above-mentioned bilateral social security agreements cover seafarers who reside in Lithuania and work on vessels flying the flag of the signatory States or seafarers resident in those States who work on Lithuanian flagged vessels and ensure the maintenance of social security rights acquired, or in the course of being acquired. The Committee further requests the Government to provide detailed information on the social security coverage for seafarers who are ordinarily resident in Lithuania but work on foreign flagged vessels outside the EU area and outside the countries with which bilateral social security agreements were concluded.

The Committee notes the LSU’s observations indicating that while shipowners, banks and some seafarers assume that the “daily allowance” – which forms up to 50 per cent of the seafarers’ income – is a part of wages, such allowance is not taken into account when calculating social benefits, as it is non-taxable and in terms of accountancy it is counted as compensation and not wage. The Committee requests the Government to provide its comments in this respect.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes the information provided by the Government in reply to its previous request, according to which there are no ships of 500 gross tonnage or more flying the Lithuanian flag operating from a port, or between ports, in another country. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.6 and the Code. Marine casualties. The Committee noted that under Order No. 3-461 of the Minister of Transport and Communication, the holding of an investigation into marine casualties – which also encompass accidents in which persons die or are terminally or seriously injured as a result of their presence on board or event associated with the marine activities – is optional. It requested the Government to take the necessary measures to ensure conformity with this Regulation. The Committee notes that the Government provides no reply to its comments. It also notes the LSU’s observations on the insufficient regulation of accident investigation. The Committee therefore reiterates its previous request.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). Lithuania previously ratified two maritime labour Conventions and a Protocol that were automatically denounced on the entry into force of the MLC, 2006. After a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f) and (i), 3 and 5, of the Convention. Scope of application. Seafarers. The Government indicates that the Maritime Shipping Law covers “any person who is employed or engaged or works in any capacity on board a ship, except for persons whose principal work is being performed ashore and who perform only temporary work on board that is unrelated to daily operations of a ship” (section 2(10)). It further indicates that no cases of doubt have arisen as to whether any categories of persons are to be regarded as seafarers. The Committee observes, however, that the persons excluded by Lithuanian legislation appear to relate to cases of doubt as to whether categories of workers are to be regarded as seafarers for the purpose of the Convention and in which an explicit determination by the competent authority is necessary under Article II, paragraph 3, of the Convention. The Committee requests the Government to provide information on the specific categories of persons, if any, who have been excluded from the application of the Convention under section 2(10) of the Maritime Shipping Law, as well as on the consultation with the social partners required by Article II, paragraph 3, of the Convention.

Article V. Enforcement. Noting that the Government has provided no information regarding its implementation and enforcement responsibilities, the Committee requests it to indicate the provisions of laws and regulations or other measures which prohibit violations of the requirements of the Convention and establish sanctions or require the adoption of corrective measures to discourage such violations.

Regulation 1.1 and the Code – Minimum age. The Government indicates that the minimum age of seafarers is 16 years (section 84(3) of the Maritime Shipping Law) and that under section 154(3) of the Labour Code, working at night is prohibited for persons under 18 years of age. According to section 154(1) of the Labour Code, night time is the calendar time from 10 p.m. to 6 a.m. The Committee notes that the interval considered as night under the Labour Code lasts eight hours and thus is not in conformity with Standard A1.1, paragraph 2, of the Convention that provides for a period covering at least 9 hours. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with Standard A1.1, paragraph 2, of the Convention. The Committee notes that, with regard to the implementation of Standard A1.1, paragraph 4, regarding the prohibition of hazardous work, the Government refers to general legislation determining types of work likely to jeopardize the health or safety of young persons under 18 years (Resolution No. 138 of 29 January 2003). The Committee requests the Government to specify how such lists will be adapted to take into account the specific conditions of work on board ships for young seafarers under 18 years of age, and to provide information on consultations with the shipowners’ and seafarers’ organizations concerned, as required under Standard A1.1, paragraph 4.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that, according to the statistics supplied by the Government, there are 37 enterprises engaged in recruitment and placement of seafarers, two of which are not currently operational. The Government also indicates that the certification of private companies providing agency services of placing seafarers on ships is carried out by the Lithuanian Maritime Safety Administration, in accordance with Order No. 48 of the Minister of Transport and Communications “on the approval of the description of the procedure for the certification of companies providing services related to safe navigation”. The Committee requests the Government to provide information on consultations with the shipowners’ and seafarers’ organizations concerned with regard to the establishment of the system of certification (Standard A1.4, paragraph 2), as well as on the laws, regulations or other measures providing for the minimum requirements concerning the functioning of private seafarer recruitment and placement services pursuant to Standard A1.4, paragraph 5, of the Convention (prohibition of blacklists, no charge of fees on the seafarer, keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints, establishing a compulsory insurance scheme to compensate seafarers).

Regulation 2.1 and the Code. Examining and seeking advice on the agreement before signing. Information on conditions of employment and particulars of the seafarer’s employment agreement. The Government indicates that, under section 84(4) of the Maritime Shipping Law, prior to stipulating the employment agreement, the manager of the ship shall provide conditions for the seafarer to learn its provisions, inform her/him about working conditions, rights and obligations and on the procedure for receiving and investigating complaints regarding potential violation of maritime labour requirements, as well as making such information (including the employment agreement) available to competent authorities. Noting the lack of information on measures taken to ensure that the seafarers signing a seafarers’ employment agreement are given an opportunity to seek advice on the agreement before signing (Standard A2.1, paragraph 1(a)), the Committee requests the Government to provide information on the implementation of this provision. The Government is also requested to provide information on the implementation of Standard A2.1, paragraphs 1(d) (clear information on board on the conditions of employment), (e) (record of employment), and 2–4 (copy of collective agreement on board; prohibition of statements on the quality of the seafarer’s work in the record of employment; and particulars to be included in the seafarers’ employment agreement).

Conditions of termination and periods of notice. The Committee notes that, with regard to termination of employment, the Government refers to section 136 of the Labour Code, which provides for the circumstances in which both the employee and the employer may terminate the employment contract without notice. The Committee observes that these provisions are applicable to workers in general but do not necessarily take into account the specific circumstances of seafarers. It requests the Government to specify whether and how the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons has been taken into account (Standard A2.1, paragraph 6). The Government is further requested to provide information on consultations held with respect to the determination of the period of notice as required by Standard A2.1, paragraph 5, of the Convention.

Regulation 2.3 and the Code. Drills and hours of rest. The Government indicates that, by virtue of Resolution No. 587 of 14 May 2003 regarding “the approval of the list of work that may be subject to up to 24 hours working time per day, and the work and rest time procedures in the areas of economic activities”, upon the completion of drills, the master shall ensure that all crew members who worked during the scheduled period of rest receive adequate rest. When such works are performed during the scheduled period of rest, the time worked shall be added and compensated for crew members after the ship returns to Klaipeda State Seaport or after the crew is changed in other seaports. The Committee notes that the Declaration of Maritime Labour Compliance (DMLC), Part I, referring to Resolution No. 587, indicates that during ahoy tasks that are carried out during the scheduled rest period, the time of work is summarized and compensated to the crew members by granting them a rest day according to the employment contract, collective agreement or internal rules, or by paying them an amount equal to the amount paid for overtime work. The Committee recalls that the Convention provides that in cases where the schedule of hours of work or of hours of rest is suspended, an adequate period of rest shall be granted to seafarers (Standard A2.3, paragraphs 8, 9 and 14). The Committee requests the Government to provide information on the measures taken to ensure that seafarers whose schedule of hours of rest is temporarily suspended in accordance with the Convention are always granted an adequate period of rest, regardless of any financial compensation, as required by Standard A2.3, paragraphs 8, 9 and 14.

Regulation 2.5 and the Code. Repatriation. Noting the absence of information on the following points, the Committee requests the Government to provide information on the entitlements to be accorded by shipowners for repatriation, including those relating to the destinations for repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5, paragraph 2(c)). The Committee also requests the Government to provide information on the implementation of Standard A2.5, paragraphs 7 and 8 (facilitating the repatriation of seafarers and non-refusal of right of repatriation).

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. Noting that the Government only provides information with regard to compensation in the event of loss of property owing to an accident at sea, the Committee requests it to provide details on the compensation to which seafarers are entitled in the case of injury or unemployment arising from the ship’s loss or foundering, as required by Regulation 2.6 of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Government indicates that, according to Order No. 671 of the Minister of Health of 28 December 2001 on the approval of Lithuanian Hygiene Standard HN 113:2001 – “Ships. Hygiene Standards and Rules”, (Hygiene Standard HN 113:2001), on ships of category I and II, an air conditioning system shall be installed in living, public, medical, service rooms, in the central control unit and catering unit rooms. A conditioning system is installed on ships of category III and IV in case they navigate in navigation areas 1 and 2. The Committee recalls that Standard A3.1, paragraph 7(b), of the Convention only excludes from the requirement of air conditioning ships regularly engaged in trade where temperate climatic conditions do not require air conditioning. The Committee requests the Government to provide clarifications on the applicable legislation giving effect to this provision of the Convention. The Government indicates that exemptions from the requirement provided under Standard A3.1, paragraph 9(a), of the Convention (individual sleeping room for each seafarer) may be granted in case of ships of less than 3,000 gross tonnage or special purpose ships. The Committee requests the Government to provide information on whether any such exemptions have been granted and to indicate whether shipowners’ and seafarers’ organizations have been consulted on these exemptions. The Government indicates that under section 14.25.5 of Hygiene Standard HN 113:2001, in seafarer’s single berth living rooms the floor area shall be at least 6.5 square meters on ships of 10,000 gross tonnage or over. The Committee recalls that under Standard A3.1, paragraph 9(f)(iii), in single berth seafarers’ sleeping rooms the floor area shall not be less than 7 square metres in ships of 10,000 gross tonnage or over. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with Standard A3.1, paragraph 9(f)(iii), of the Convention. It also requests the Government to provide more detailed information on the implementation of Standard A3.1, paragraph 10(a), for example on the location of mess rooms and possible exemptions. The Government is also requested to confirm that in all ships separate sanitary facilities are provided for men and for women (Standard A3.1, paragraph 11(a)), as well as to provide information on the implementation of Standard A3.1, paragraph 11(b) (sanitary facilities near the navigation bridge, the machinery space of the engine room control centre). The Committee notes that, with regard to the implementation of Standard A3.1, paragraphs 14, 15 and 17, the Government only refers to category I cargo in which gymnasiums as well as sports and playgrounds shall be arranged on weather decks for crew members, as well as special areas which could be used by seafarers for recreational purposes. The Committee recalls that Standard A3.1, paragraphs 14 (space on open deck) and 17 (recreational facilities), apply to all ships to which the Convention is applicable, whereas Standard A3.1, paragraph 15 (ship’s offices), only allow for the exclusion of ships of less than 3,000 gross tonnage after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to provide information on how these provisions of the Convention are implemented with regard to the other ships covered by the Convention. It further requests the Government to provide information on the implementation of Standard A3.1, paragraph 19 (variations of accommodation standards for differing religious and social practices), as well as to indicate whether any exemptions for ships of less than 200 gross tonnage have been granted pursuant to Standard A3.1, paragraphs 20 and 21, of the Convention. The Government is further requested to provide information on the frequency of on board inspections of seafarers’ accommodation provided under section 18.39 of Hygiene Standard HN 113:2001 (Standard A3.1, paragraph 18).

Regulation 3.2 and the Code. Food and catering. The Committee notes that the main legislation implementing this Regulation is the Maritime Shipping Law, Order No. 510 of the Minister of Health of 25 November 1999 on the “approval of recommended daily nutrition and energy norms” and Hygiene Standard HN 113:2001. Noting the lack of information on the frequency of inspections required by Standard A3.2, paragraph 7, of the Convention, the Committee requests the Government to indicate the relevant provision giving effect to this provision of the Convention.

Regulation 4.1 and the Code. Medical and dental care for foreign seafarers in Lithuania. The Committee notes the Government’s indication that, for permanent residents, free emergency medical aid shall be provided in the facilities of the national health system irrespective of whether or not they are covered by compulsory health insurance. Foreign nationals and stateless persons who are not permanent residents shall be provided with emergency medical aid by the facilities of the national health system in accordance with the procedure established by the Ministry of Health, unless otherwise provided by international treaties to which Lithuania is party. The Government also indicates that, upon arriving to Lithuania, seafarers, as any other patient, may contact health-care facilities and receive emergency medical aid in dental-related cases within the scope of immediate medical aid approved by Order No. V-208 of the Minister of Health of 8 April 2004 on “the approval of the procedure and scope for providing emergency medical aid and emergency medical aid services”. It further indicates that under section 88(4) of the Maritime Shipping Law, when a seafarer working on board becomes ill or is injured, the ship’s operator pays all costs for the treatment and care of the seafarer. The Committee recalls that under Standard A4.1, paragraph 1(d), each Member shall ensure that, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers. The Committee requests the Government to clarify whether immediate medical care in the national health system facilities is free of charge for seafarers who work on board ships flying the Lithuanian flag who are not permanent residents in Lithuania.

Medical care in ports of call. The Committee notes that the Government provides no information on the measures taken to ensure that seafarers working on ships flying its flag have the right to visit, free of charge, a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c) and (d)). The Committee therefore requests the Government to provide information on this point. The Committee also requests the Government to provide detailed information on the legislation implementing the requirements regarding: (i) medical equipment on board (Standard A4.1, paragraph 4(a)), including information on the frequency of inspection; and (ii) a prearranged system of medical advice by radio or satellite communication available 24 hours a day (Standard A4.1, paragraph 4(d)).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government does not provide information on the national guidelines for the management of occupational safety and health (OSH) on board ships that fly its flag, nor on OSH policies and programmes (Regulation 4.3, paragraph 2, and Standard A4.3, paragraph 1(a)). It also notes that since the Government did not provide an example of an approved DMLC Part II outlining a shipowner’s practices or on board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases, it is not possible to assess compliance with the requirements set in Standard A4.3, paragraphs 1(c), 2(b) and 8 (on board programmes, obligations of shipowners, seafarers and others in relation to OSH; risk evaluation). In this regard, the Committee wishes to draw the attention of the Government to the Guidelines on implementing the occupational safety and health provisions of the MLC, 2006, adopted in 2014. The Committee requests the Government to indicate whether the national guidelines required under Regulation 4.3, paragraph 2, have been adopted and if so, if consultations with the representative shipowners’ and seafarers’ organizations have taken place. The Committee further requests the Government to provide information on OSH policies and programmes on ships flying its flag. It also requests the Government to provide information on the health and safety instructions for personnel engaged in complex and dangerous work issued pursuant to Order No. 216 of 29 June 2001. The Government is also requested to provide information on the manner in which it has taken into account Guideline B4.3 regarding safety and health education of young seafarers. The Government indicates that a ship’s safety committee is constituted when five or more workers are employed on the ship, except a ship navigating exclusively in inland waters, in the territorial sea of Lithuania or within the water area of state seaports, which engages in commercial activities, except fishing vessels, traditional ships, naval ships. The Committee requests the Government to indicate the legal provisions requiring the establishment of the ship’s safety committee, pursuant to Standard A4.3, paragraph 2(d), of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. Noting that the Government’s report contains no information on the implementation of this Regulation, the Committee requests the Government to provide information in this regard.

Regulation 4.5 and the Code. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit; and survivors’ benefit. The Government indicates that after they enter into an employment agreement with seafarers, ship managers must insure them with all types of state social insurance. The Government also refers to section 13(1) of the Labour Code, which provides that foreign or stateless persons permanently residing in Lithuania have the same labour rights as Lithuanian citizens. The Committee requests the Government to indicate: (i) which of the branches specified are covered under such insurance; (ii) whether the insurance covers also the dependents of seafarers ordinarily resident in the country; (iii) whether the resulting protection is not less favourable than that enjoyed by shoreworkers resident in Lithuania; (iv) the applicable legislation. It also requests the Government to provide information on the implementation of Regulation 4.5, paragraph 2, specifying whether there are any bilateral or multilateral arrangements in which Lithuania participates regarding the provision of social security protection to seafarers (Standard A4.5, paragraphs 3, 4 and 8). It finally requests the Government to indicate the measures taken to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6).

Regulation 5.1.3 and the Code. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the Government’s information that, according to Order No. 3-518/A1-563/V-923 of the Minister of Transport and Communications, the Minister of Social Security and Labour and the Minister of Health on “the approval of the procedure for the verification of conformity of ships and their crews to international maritime labour requirements”, certificates are mandatory for ships registered in the Register of Seagoing Ships of Lithuania that are of 500 gross tonnage or over and engaged in international voyages. The Committee recalls that Regulation 5.1.3 of the Convention also applies to ships of 500 gross tonnage or over flying the flag of a Member and operating from a port, or between ports, in another country. The Committee requests the Government to specify whether any such ships fly the Lithuanian flag and, if so, to take the necessary measures to ensure that legislation implementing Regulation 5.1.3 also apply to these ships.

Regulation 5.1.6 and the Code. Marine casualties. The Committee notes that under section 12 of Order No. 3-461 of the Minister of Transport and Communication, an investigation shall be carried out in case of a very serious marine accident, which is defined under section 7.3 as an accident involving a complete loss of the ship, the ship’s disappearance or a casualty concerning a heavily polluted environment. The same Order provides that in other cases, including marine casualties – which encompass also accidents in which persons die or are terminally or seriously injured as a result of their presence on board or event associated with the marine activities (section 7.1) – the investigative authority shall assess whether it is necessary to carry out an investigation (sections 13 and 14). Noting that in this latter case the holding of the investigation is optional, the Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee requests the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury or loss of life.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: an example(s) of Part II of the DMLC; an example of the approved document for seafarers’ record of employment and a standard form example of a seafarer’s employment agreement (Standard A2.1, paragraphs 1–3); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners, with a summary in English where the material is not available in English (Regulation 2.5, paragraph 2); an example of the standard medical report form for seafarers and a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraphs 2 and 4(a)); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners, with a summary in English where the material is not available in English (Standard A4.2, paragraph 1(b)); copy of the relevant national guidelines on OSH on board and of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Regulation 4.3, paragraph 2, and Standard A4.3, paragraph 1(d)); copy of the annual reports on inspection activities, in English; a standard document issued to or signed by inspectors setting out their functions and powers and a copy of any national guidelines issued to flag State inspectors, with a summary in English where these documents are not available in English; copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (Standard A5.1.4, paragraphs 5, 7 and 13); copy of the model for on board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag, with a translation into English if the procedures are not available in English (Regulation 5.1.5); copy of a document describing the onshore complaint handling procedures, in English (Regulation 5.2.2).

[The Government is asked to reply in full to the present comments in 2018.]