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Comments adopted by the CEACR: Lithuania

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes section 244(1) of the Labour Code (2017) according to which, a strike is a stoppage of work by employees organized by a trade union or trade union organization in an effort to resolve a collective labour dispute on interests or ensure compliance with the decision reached in resolving such a dispute. The Committee considers that trade unions and employers’ organizations responsible for defending socio-economic and occupational interests should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (see the 2012 General Survey on the fundamental Conventions, paragraph 124). Recalling that organizations responsible for defending workers socio-economic and occupational interests should be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, the Committee requests the Government to indicate whether under the legislation in force trade unions can have recourse to protest strikes against the Government’s economic and social policies.

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes section 200 of the Labour Code outlining the procedure for unilaterally terminating a collective agreement in force. The Committee requests the Government to: (i) clarify the rules and conditions governing the unilateral termination of collective agreements as set in the referred section of the Labour Code, specifying in particular whether any agreement can be unilaterally terminated at any time six months after its entry into force; and (ii) provide information on the application of this section in practice.
The Committee further requests the Government to provide information on the number of collective agreements concluded in the private and public sectors, including the number of workers and employees covered.

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

COVID-19 pandemic. Socioeconomic impact. Response and recovery measures. The Committee notes the measures taken by the Government to mitigate the effects of the pandemic, including the launch of a 2.5 billion euro economic stimulus plan. The Committee notes that according to Recommendations made by the European Commission on the 2020 National Reform Programme of Lithuania (document COM (2020) 515 final, paragraph 18) that, prior to the pandemic, labour market participation was high and unemployment rate was low; however, the COVID-19 crisis has posed new challenges. According to the report, with the help of EU funding, Lithuania has implemented a short-time work scheme to mitigate the effects of the pandemic on employment and introduced a number of other measures to mitigate the negative effects on businesses and the self-employed (document COM (2020) 515 final, paragraph 18). In addition, active labour marked policy measures and other measures to reskill and upskill the national workforce will be needed to help the unemployed to return to the labour market as early as possible and to provide effective sustainable support beyond the recovery phase. In this context, the Committee notes the amendments introduced to the Law on Employment of the Republic of Lithuania No. XII- 2470 (hereinafter the Law on Employment) in March and April 2020, which provide benefits for self-employed persons, wage subsidies for those employers preserving jobs during the state of emergency and training grants for persons whose apprenticeship or internship contracts were suspended. In addition, vocational training is being provided to workers laid off due to the state of emergency. The Committee further notes from the 2020 European Commission report that, whilst steps were taken before the crisis to address the risk of poverty and social exclusion, for example by increasing universal child benefits and pensions, poverty and income inequality rates in Lithuania are still among the highest in the EU. In this context, the Committee recalls the comprehensive guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of response and recovery measures taken with a view to implementing the objectives of the Convention. In this regard, the Committee invites the Government to provide information on how the measures adopted have helped to minimize the adverse effect of the pandemic on the Government’s policies for employment, unemployment, underemployment.
Articles 1 and 2 of the Convention. Employment trends and active labour market measures. In reply to the Committee’s previous comments, the Government reiterates its reference to measures introduced by the Law on Employment to avoid potential abuses from the services provided by the Lithuanian Labour Exchange (LLE), such as supplementing the definition of unemployed persons as well as discontinuing job rotation and measures of support for self-employment. The Government further indicates that, following the introduction of new amendments to the Law on Employment in February 2018, vocational training under the “Programme on Increasing Employment” has been extended to employees who seek to change profession and employer. This extension is tailored to individuals in order to create new career opportunities. The Government adds that this measure does not apply to employees who remain employed by the same employer. Moreover, the Government refers to the implementation of active labour market policy measures, particularly the promotion of employment under apprenticeship and internship contracts, and the recognition of competences acquired through non-formal and informal learning to promote lifelong learning. The Committee notes, however, that, according to the 2019 European Commission report “Recommendation for a Council Recommendation on 2019 National Reform Programme of Lithuania”, in 2018, the participation in adult learning was at 6.6 per cent, well below the EU average of 11.1 per cent. The report highlights that there are persistent skills’ shortages and mismatches. In this regard, it points out, among other challenges, the need to modernize vocational education and training and to improve its responsiveness to the needs of local and regional labour markets, and to ensure an effective and easily accessible adult learning, re-skilling and upskilling measures, together with the provision of social services (document COM (2019) 515 final, paragraph 11). Furthermore, the Government refers to the implementation of measures, in the framework of the Action Plan for Promoting Non-discrimination for 2017–2019, with the support of the European Social Fund (ESF) to promote non-discrimination and equality in employment, such as the project “Change in Business, Public Sector, and the Society – New Standards to Combat Discrimination” until April 2020, and the project “National minorities’ inclusion in the labour market” until January 2021. Trainings and educational events for employers and their representatives on equal opportunities and non-discrimination are also being implemented. On 27 July 2018, it was adopted the new 2018– 2021 Action Plan Implementing the National Programme on Equal Opportunities for Women and Men for 2015–21. The Committee further notes the detailed information provided by the Government concerning the different information and counselling services provided by the employment services and its impact on creating employment. With regard to employment trends, the Committee notes that, according to the Official Statistics Portal, in 2019, before the onset of the COVID-19 pandemic, the employment rate among those aged 15 to 64 was 73 per cent (73.5 per cent for men and 72.5 per cent for women), and the overall unemployment rate was 6.3 per cent (7 per cent for men and 5.5 per cent for women). In 2020, the unemployment rate increased to 8.5 per cent (9.3 per cent among men and 7.7 per cent among women). The Committee requests the Government to continue to provide detailed updated information on the impact of the active labour market policy measures taken with a view to reducing unemployment, particularly among the target groups identified in the Law on Employment No. XII-2470, those measures taken to address persistent skills shortages and mismatches. The Committee further requests the Government to continue to provide detailed updated information on the nature and impact of the measures taken under the National Programme on Equal Opportunities for Women and Men 2015–21. It also requests the Government to continue to provide updated statistical information, disaggregated by age, sex and region, on the current situation and trends regarding the active population, employment, unemployment and underemployment throughout the country.
Regional development. In reply to its previous comments, the Committee notes the information provided by the Government concerning the measures implemented to increase employment in regions with high unemployment rates. The Government refers to the implementation of a pilot project of employment promotion and motivation services for unemployed persons and social support recipients in six different municipalities. It adds that the aim of the project is to facilitate the transition of long-term unemployed persons into employment and to harmonize the employment promotion and motivation services with the social assistance services. The Committee notes, however, that according to the 2019 report of the European Commission (COM (2019) 515 final, paragraph 17), regional disparities in Lithuania are wider than the EU average and have been increasing over the past two decades. The European Commission indicates in its report that the benefits of Lithuania's speedy economic convergence are heavily concentrated in the two metropolitan areas. There are significant socio-economic disparities within the country. The Committee notes that, according to the Official Statistics Portal, in 2020 the unemployment rate was particularly high in Tauragė (11.9 per cent), Utena (15 per cent), Alytus (11.6 per cent), Marijampolė (10.8 per cent), Panevėžys (10.3 per cent); in comparison with the unemployment rate in Vilnius (6.8 per cent), Klaipėda (6.6 per cent), and Telšiai (7.6 per cent). The Committee requests the Government to continue to provide detailed updated information on the results of the measures implemented to increase employment rates in underserved regions.
Youth employment. In response to the Committee’s previous comments, the Government refers to the continuation of the implementation of the Youth Guarantee (hereafter – YG) with the objective of enhancing youth integration in the labour market. As part of the YG early intervention activities, the Government refers to the participation of 37, 447 young unemployed persons not in education, employment or training (NEETs) and 7 422 inactive NEETs in the project "Discover Yourself" (implemented until September 2018). The Government adds that those participants of the project “Discover Yourself” who did not receive unsubsidized job offers, were offered participation in the secondary intervention project “The New Start” (implemented until November 2019). The Government reports that from December 2015 to December 2018, 154,000 participants successfully completed the participation in the activities of the project, and that 66 per cent were employed after the participation in project activities. The Committee notes that, according to the 2020 report of the European Commission on the YG, the Lithuanian YG scheme covered 51.6 per cent of NEETs aged under 25 in 2018, a substantial increase from 2017 (+15.3 pp), bringing the coverage rate well above the EU average of 38.9 per cent. The report also points out that over half (55.9 per cent) of those leaving the YG scheme in 2018 were known to be in a positive situation 6 months later. However, longer term follow-up data provide a mixed picture but tend to suggest that not all outcomes are sustained over longer periods. The Government indicates that the YG provides comprehensive, consistent support to young people in a more complex situation, which includes not only basic social and job skills, vocational training, but also integration and retention in the labour market. Lastly, the Government indicates that there are currently 38 Youth Job Centres (YJC) in Lithuania, which have strong partnerships with, among other actors, employers, entrepreneurship organisations, local municipalities, and universities. The Committee notes the statistical information provided by the Government with respect to the number of beneficiaries of the different services provided by the YJC between 2016 and 2018. The Committee further notes that, according to the Official Statistics Portal for Lithuania, in 2019 the employment rate among those aged 15 to 24 was 32.9 per cent, while the unemployment rate was 11.9 per cent. Following the onset of the COVID-19 pandemic, the unemployment rate increased to 18.9 per cent in June 2020 (16.7 per cent among young women and 20.5 per cent among young men). The Committee requests the Government to continue providing updated detailed information on the measures adopted to reinforce programmes to facilitate the labour market integration of young persons and the impact of these programmes, as well as specific measures taken to mitigate the impact of the pandemic on young persons’ access to sustainable employment. It also requests the Government to continue providing statistical information on trends in youth employment, disaggregated by sex and age.
Long-term unemployed, refugees, less qualified and older workers. In reply to the Committee’s previous comments, the Committee notes the Government’s indication that, in January 2019, long-term unemployed persons made up 25 per cent of all unemployed persons. It further notes the statistical information provided by the Government concerning the impact of the projects “Improving the Competencies of Unqualified Persons” and “Support for the Employment of the Long-Term Unemployed”. The Committee also notes the launching of the project “TAPK - Creating Your Future Prospects” in December 2017, which includes activities to promote the integration into the labour market of the less qualified and the long-term unemployed, such as vocational training, subsidized employment, apprenticeships and internships. With respect to the measures adopted to promote employment among older workers, the Committee notes the information provided by the Government on the impact of the projects “Support for the Older Unemployed” and “Take the Opportunity” (launched in December 2017). The Government reports that in 2018, the unemployment rate of persons aged over 50 was 25 per cent. Moreover, the Committee notes that, according to the Description of the conditions and procedure for the implementation of the Employment Support Measures No. A1-348 approved on 30 June 2017, persons holding refugee status or having been granted subsidiary or temporary protection, are eligible to receive vocational training, support for the acquisition of work skills and for mobility and to benefit from subsided employment (apprenticeships). The Committee requests the Government to continue to provide detailed updated information on the nature and impact of the measures adopted to enhance job opportunities for the long-term unemployed, refugees, less qualified and older workers.

C159 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C181 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(2). Legal status. Practical application. In response to the Committee’s previous comments, the Government once again refers to EU Directive No. 2006/123/EC on the provision of services in the internal market, which came into force for Lithuania on 5 January 2010, reiterating that private employment agencies in Lithuania are treated like other service countries and thus operate without a license. The Government reports that section 30 of the Law on Employment defines employment placement services, establishes private employment agencies’ obligation to report to the Labour Exchange Service and sets the eligibility criteria for such agencies. It also refers to Order No. V-560 of 21 November 2018, as amended on 29 August 2019 (Order No V-378), which provides that natural and legal persons or other organizations providing employment mediation services are required to submit information to the Labour Exchange at specific intervals, informing of : (i) their status (within one month of commencing operations); (ii) their activities and the services offered (annually); and (iii) their intention to provide employment intermediation services to third-country nationals prior to providing such services . The Committee notes that, from 2015 to 2018, the number of private employment agencies that reported to the Labour Exchange decreased from 122 to 80, declining to 35 in the first half of 2019. The Committee requests the Government to indicate the reasons for the decline in the number of private employment agencies reporting to the Labour Exchange. It also requests the Government to continue to provide detailed updated information on the manner in which the Convention is applied, indicating the number of private employment agencies operating in the country, the number of workers covered by the measures taken to give effect to the Convention, extracts from inspection reports, the number and type of violations detected and the sanctions applied (Part V of the report form).
Article 6. Processing of personal data. The Government indicates that according to the Law on the Legal Protection of Personal Data, employers may collect a jobseeker’s personal data with respect to qualifications, professional experience, and related subject matter from the former employer only after informing the jobseeker, and from the current employer only with the jobseeker’s consent. The Government indicates that jobseekers’ personal data is protected under the Law on Legal Protection of Personal Data of the Republic of Lithuania and General Data Protection Regulation (ES) No. 2016/679, which require the Labour Exchange and private employment agencies to put in place an approved personal data protection policy. The Committee requests that the Government provide specific updated information on the manner in which this personal data is protected and ensures respect for workers’ privacy, as contemplated in Article 6(1) of the Convention.
Article 8. Protection of migrant workers. In response to the Committee’s previous comments, the Government indicates that the Labour Exchange does not inspect private employment agencies, as they are subject to supervision by the general labour inspection services. Complaints of potential abuse and fraudulent or illegal activities of private employment agencies are to be reported to the enforcement authorities (either the police or the State Labour Inspectorate). The Committee further notes that in 2018, pursuant to the Action Plan 2018–2020 on the Integration of Foreigners into Society, 95,000 publications on workers’ rights were disseminated to migrants in different languages, including Russian, Ukrainian and English. The Committee requests the Government to continue to provide updated detailed information on the nature and impact of measures taken to provide adequate protection and prevent abuses of migrant workers placed in Lithuania by private employment agencies. In addition, the Committee reiterates its request that the Government provide information on any bilateral agreements concluded with respect to the placement of migrant workers mediated from abroad, as well as Lithuanians mediated for work abroad (Article 8(2)).
Articles 11 and 12. Ensuring adequate protection and allocation of responsibilities. The Committee notes the Government’s indication that, pursuant to section 75 of the Lithuanian Labour Code, where temporary workers are placed in a user enterprise, the latter is required to ensure that the general labour law and collective agreements applicable to its workers are also applicable to the temporary workers. In addition, section 78 of the Labour Code requires user enterprises to notify temporary workers in writing of the legislative provisions governing their working conditions before they undertake their duties. User enterprises are also required to inform temporary workers of vacant positions that arise, and to take steps to safeguard the temporary worker’s safety and health at work. The Committee requests the Government to provide information on the implementation in practice of the provisions of the Labour Code cited above, including copies or extracts of administrative or judicial decisions in this respect. The Committee also invites the Government to provide information on law and practice, including extracts of legislative provisions regulating private employment agencies that provide services both domestically and in a cross-border context.
Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes with interest the comprehensive information provided in the Government’s report concerning cooperation activities such as joint seminars, workshops and cooperation agreements between the Lithuanian Labour Exchange and private employment agencies. The Labour Exchange also holds periodic job fairs with the involvement of private employment agencies. The Labour Exchange organizes trainings for private employment agencies and employers, such as a seminar held in 2019 by the Labour Exchange, together with the State Inspectorate and the Migration Department of the Ministry of Interior for private employment agencies, employers and other stakeholders, on the employment of migrant workers in Lithuania. The Government refers to training provided by the Lithuanian Labour Exchange to employers, including a 2015 training aimed at promoting employers’ engagement in social responsibility activities through the employment of persons with disabilities in which 11 PEAs and 272 employers participated. The Labour Exchange, together with private employment agencies, also carry out workshops for job seekers to enhance their job search skills. The Committee requests the Government to continue to provide updated information on the manner in which efficient cooperation between the Lithuanian Labour Exchange and private employment agencies is promoted.

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1, 7 and 9 of the Convention. Contribution of the employment service to employment promotion. Specific groups. Employment service staff. The Government reports that amendments introduced in 2018 to the Law on Employment and related legislation restructured the former public employment service provider – the Lithuanian Labour Exchange – together with its territorial units, into a single legal entity: the Lithuanian Employment Services. It indicates that the restructuring was carried out to make services more responsive to socio-economic changes and improve the quality of services for both jobseekers and employers. In this context, the Committee notes the Government’s indication that persons excluded from the labour market need not only active labour market programmes, but also measures to remove barriers to social inclusion and provide personalized complex social services. The Government adds that the reorganization was impacted by the European network of public employment services’ benchmarking initiative and that feedback from external assessments was taken into account in planning and implementing the changes. The main changes include: a reduced number of separate legal entities (from 11 to one); an increase in the number of client service divisions to 70; consolidation of human resources leading to a 13 per cent increase in the number of employees providing direct services to clients; and the provision of specialized consultants for specific groups, such as persons with disabilities, soldiers and the long-term unemployed. The Committee further notes the detailed information provided by the Government concerning the labour market assessments and forecasts, as well as employment support services provided by the Lithuanian Employment Services.
In response to the Committee’s 2015 direct request, the Government reports that the number of unemployed persons registered with the public employment services stood at 263,569 in 2014, decreasing to 253,697 in 2018. It indicates that labour demand remains high, with the number of job vacancies notified increasing from 226,624 in 2014 to 228,404 in 2018. The Committee notes the Government’s indication that the number of employed persons has been decreasing due to labour shortages in certain professions. The number of employed persons among registered jobseekers has been decreasing since 2015, from 69.7 per cent of registered jobseekers in 2015 to 66.5 per cent in 2018. The number of participants benefitting from active labour market policy measures has also declined, from 59,156 in 2014 to 41,008 in 2018. The Committee requests the Government to continue to provide updated detailed information, including statistical data disaggregated by age and sex, on the nature and impact of the labour market measures implemented by the Lithuanian Employment Services, particularly on their contribution to the effective promotion of full, productive and freely chosen employment in the country. It further requests the Government to provide detailed information on the nature and impact of measures taken by the Lithuanian Employment Service to remove barriers to social inclusion and provide personalized social services for jobseekers who face particular difficulties in accessing the labour market. The Committee also requests the Government to provide information on the measures taken to provide specialized training to employment service officials to enable them to provide services tailored to the concerns of specific groups, such as persons with disabilities, soldiers and the long-term unemployed, among others.
Article 3 of the Convention. Development of employment offices throughout the territory. Youth Job Centres. The Committee notes that, with the creation of the Lithuanian Employment Services in 2018, the number of client service divisions was increased and emphasis has been placed on the role of regional offices instead of only on offices in the largest cities. It further notes the detailed information on Youth Job Centres, provided by the Government in response to the Committee’s previous comments. The Government indicates that the youth employment network has expanded to 45 Youth Job Centres covering almost all municipalities. The Centres provide counselling and support to young people under the age of 29 through numerous activities, such as provision of individual tailored support, group counselling, informative career and education events, cooperation with education providers and employers, job search assistance and business start-up support. The Youth Job Centres work in cooperation with a range of municipal, non-governmental and private stakeholders, including local employers, operating in an informal environment in order to attract more young people. The Government reports that, in 2018, 79,100 jobseekers received information and counselling services from the Youth Job Centres, and an additional 35,100 received such services in the first half of 2019. The Centres provided 24,000 individual consultations on job vacancies, studies and career choices in 2018, and an additional 11,700 in the first half of 2019. In addition, 32,400 young people were consulted by phone, email or internet in 2018, and 8,500 in the first half of 2019. The Committee requests the Government to continue to provide updated detailed information on the functioning of the Youth Job Centres, including statistical data disaggregated by age and sex. The Committee further requests the Government to provide updated detailed information on the nature and impact of the services provided, particularly on their contribution to young people’s access to decent work and sustainable employment.
Article 4. Participation of the social partners. The Committee notes with interest that the 2018 amendments to the Law on Employment led to the creation of a new form of social cooperation under the Lithuanian Employment Services: the Employment Service Council. The Government reports that the Council is composed of nine members (three members from trade unions, three members from employers’ organizations and three members from the Government). The Council’s objective is to consider and submit proposals for: setting priority guidelines for the employment service; drafting employment support programmes; and developing and adopting employment support measures, as well as measures to optimise the efficiency of the service. Meetings of the Tripartite Council are held at least every six months or more often, if necessary, and its decisions are advisory. The Committee further notes the detailed information provided by the Government on the activities of the Tripartite Council, particularly with regard to the concrete measures and policies discussed, including the efficiency of employment promotion programmes offered by municipalities in 2018 and 2019, as well as the introduction of employment promotion programmes and motivation services for unemployed persons and social beneficiaries in six municipalities. The Committee requests the Government to continue to provide updated information on the functioning and concrete activities of the Employment Service, as well as on the impact of the Council’s activities in giving effect to the provisions of the Convention.

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that: (1) section 26(2)(4) of the Labour Code provides that an employer shall ensure equal pay for work of equal value; and (2) section 140(5) provides that men and women shall receive equal pay for the same or equivalent work. It noted that “equivalent work” means that, based on objective criteria, the work does not require lower qualifications and is not less significant for the employer’s objectives than other comparable work. The Committee notes with regret the lack of information provided by the Government on the application of these provisions in practice. It recalls that, even where the term “work of equal value” is provided for in the legislation, its scope may be narrower than the principle enshrined in the Convention as a result of too restrictive formulations that require work to be an equal level of complexity, responsibility and difficulty, or the same qualifications (2012 General Survey on the fundamental Conventions, paragraph 677). In light of the persistent gender pay gap, the Committee once again asks the Government to provide information on the application in practice of sections 26(2)(4) and 140(5) of the Labour Code, including by providing examples of the manner in which the terms “work of equal value” and “equivalent work” have been interpreted in administrative or judicial decisions.
Article 2. Minimum wages. The Committee previously noted that, under the terms of section 141 of the Labour Code, monthly and hourly minimum wages are determined by the Government upon the recommendation of the Tripartite Council, and can only be paid for unskilled jobs which do not require any specific qualifications or professional skills. Collective agreements may set higher amounts for minimum wages. The Committee notes the Government’s indication in its report that in 2020 the net minimum monthly wage was increased from EUR395 to EUR425, which represents 53 per cent of the amount of the net average wage. It further notes from the statistical information provided by the Government that 10.9 per cent of all workers received the minimum monthly wage in 2018, representing a 2.7 per cent decrease compared with 2017. With regard to collective agreements, the Committee takes note of a national collective agreement signed on 10 July 2020 between the Government and several trade unions providing for wage increases in the public sector. The Committee once again asks the Government to: (i) indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on the basis of objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those in which men predominate; (ii) provide relevant extracts from collective agreements fixing minimum wages; and (iii) provide statistical information on the percentage of women and men who are paid the statutory minimum wage.
Article 3. Objective job evaluation. Public sector. The Committee previously noted that the remuneration of workers in the public sector is determined on the basis of the complexity of work, responsibility, working conditions and workers’ qualifications and performance, and that a draft Law on the remuneration of workers in state and municipal institutions was under consideration in order to establish basic wage coefficients. The Committee takes note of the adoption of the Law on Remuneration of Employees and Members of Commissions of State and Municipal Institutions (hereinafter, the Law on Remuneration), which entered into force on 1 February 2017. It notes that the Law on Remuneration classifies jobs in four levels, based on the level of education required, in order to provide equal opportunities for equally educated employees in public institutions to receive fair pay for their work. The Committee notes the Government’s indication that, pursuant to the Law, each institution shall approve its own remuneration system, as each institution is different in the nature of its functions and the number of staff and it would not be appropriate to have the same methodology for different institutions. The remuneration system shall specify employee categories based on position and qualifications, as well as the salary range (minimum and maximum) and the forms of payment for each of them, the grounds and procedures for allocating additional payments (bonuses and allowances) and the procedure for wage indexation. The Government adds that the labour inspectorate provides advice to help institutions develop their own remuneration system. The Committee further notes the Government’s statement that the 2005 methodology for the assessment of jobs and positions implemented by the Tripartite Council has not been reviewed. Such criteria as job difficulty, responsibilities, working conditions and the qualifications of employees are reflected in their job descriptions. The Committee however notes that, according to the 2019 European country report on gender equality in the public sector, even with rigid regulation of wage policies, employers are given broad discretion (pay brackets or a non-transparent system of performance rewards) to decide individually on the exact level of remuneration of individual employees (p. 18). The Committee once again asks the Government to provide information on the methodology used in the civil service and for state and municipal employees to classify and rank different jobs and positions on the basis of the above criteria, such as complexity of work, responsibility, working conditions and workers’ qualifications and performance, and to indicate how it is ensured that this classification does not result in an undervaluation of jobs traditionally held by women. It further asks the Government to provide statistical information on the distribution of men and women in the civil service and in state and municipal institutions, disaggregated by category, and their respective levels of remuneration.
Awareness-raising. Referring to its previous comments, the Committee notes the Government’s indication that during the implementation of the Action Plan for the Promotion of Non-discrimination 2017-19, several education, information and training activities were carried out addressing the gender pay gap. The Government adds that in 2018 the Office of the Equal Opportunities Ombudsman carried out public awareness-raising activities on gender inequality in the public sector. The Committee recalls in this regard that the persistence of significant gender pay gaps requires governments, along with employers’ and workers’ organizations, to take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to continue providing information on the concrete measures taken, including by the Equal Opportunities Ombudsperson, to promote public awareness regarding the persistent underlying causes of pay inequality and the relevant legislative provisions adopted to promote the effective application of the principle of the Convention.
Enforcement. The Committee previously noted that, despite the preparation of a checklist for labour inspectors to ensure equal rights for women and men at work, no case relating to unequal remuneration has been detected by the labour inspectorate or dealt with by the courts. The Committee notes the Government’s indication that in 2018 the State Labour Inspectorate conducted more than 60 inspections in the area of the implementation of equal treatment for women and men in labour relations, of which only one case of wage differentials for the same work or work of equal value was detected. Furthermore, the Equal Opportunities Ombudsperson received only one complaint on unequal remuneration between men and women in 2018, as well as one complaint in 2019. In both cases, the Ombudsperson found that the complaints were unfounded. The Committee wishes to recall that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee asks the Government to provide information on any measures taken to strengthen the capacity of labour inspectors to detect and address unequal remuneration between men and women, as well as to assist workers with the procedures and remedies available. It further asks the Government to continue providing information on any cases or complaints concerning inequality of remuneration detected by or dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the penalties imposed and remedies provided.

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments where it noted that since 2011 the gender pay gap had been increasing regularly, the Committee notes, from 2020 Eurostat data, that the gender pay gap in unadjusted form (the difference between the average gross hourly earnings of men and women expressed as a percentage of the average gross hourly earnings of men) decreased from 15.2 per cent in 2017 to 14 per cent in 2018. It further notes, from the statistical information provided by the Government, that, in 2018, the gender pay gap was estimated to be 14.1 per cent in the public sector and 14.2 per cent in the private sector. The Committee notes the Government’s indication, in its report, that the Programme on National Progress for Lithuania for 2014–2020 sets as a specific objective the reduction of the gender pay gap to 7 per cent by 2030. The Government adds that, to this end, it plans to continue the implementation of the measures identified in the Action Plan 2018–2021 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015-2021, namely by: (1) conducting surveys on wage differentials and disseminating their results; (2) organizing awareness-raising campaigns and educational and informational events, including information seminars for target groups (social partners, media, policymakers) on gender pay and pension gaps and their causes in order to resolve issues related to market segregation; and (3) conducting thematic reviews, including pay audits, in order to increase pay transparency and present their results to the Tripartite Council. The Committee further notes the Government’s statement that it will continue to address sectoral and occupational gender labour market segregation. In that regard, the Committee notes, from the statistical information provided by the Government, that, in 2018, women were earning less than men in all types of activities except transport, and storage and construction. The largest gender pay gaps were observed in the financial and insurance sector (37.3 per cent), information and communications (27.8 per cent), human health care and social work (26.9 per cent) and manufacturing (24.8 per cent). In 2018, the average gross hourly earnings in industry, construction and services (excluding public administration, defence and compulsory social insurance) was estimated at €4.95 for women and €5.75 for men. The Committee further notes that in 2017 while women represented 77.1 per cent of the civil servants (excluding statutory), their remuneration was on average 10.3 per cent lower than those of men. The Committee notes that, according to the 2019 European country report on gender equality, the difference between men’s and women’s earnings is largely explained by the concentration of women in low-paid sectors and in certain categories of occupations. According to this report, more recent studies also confirmed that differences in the salaries of men and women are based on unjust and unfair setting of salary rates without considering most of the internal and external factors. Employers are more likely to assign men to more responsible and better-paid job positions, although the educational indicators of women are higher than those of men in today’s society (page 16). The Committee further notes that, in their recent concluding observations, several United Nations (UN) treaty bodies expressed concern about the persistent gender pay gap which results in lower levels of pension benefits and salaries in traditionally female-dominated occupations (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 36; and CCPR/C/LTU/CO/4, 29 August 2018, paragraph 15). Welcoming the recent downward trend observed in the gender pay gap, the Committee urges the Government to pursue its efforts and to provide information on the concrete measures and activities undertaken (in the framework of the Action Plan 2018-2021 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015-2021 or otherwise) to address the gender pay gap, both in the public and private sectors, in particular by addressing occupational gender segregation and promoting women’s access to jobs with career prospects and higher pay. Recalling that section 23(2) of the Labour Code provides that an employer who has more than 20 employees on average must submit to the work council and the trade union, at least once a year, updated information, disaggregated by sex and occupation, on the average pay of employees (except for managerial positions), the Committee asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.
Articles 3 and 4. Objective job evaluation. Cooperation with workers’ and employers’ organizations. Referring to its previous comments where it noted that, as a result of a survey conducted in 2015 on the implementation of the methodology for the assessment of jobs and positions, the Tripartite Council suggested an updating of the 2005 methodology, the Committee notes the Government’s statement that such methodology has not been reviewed. The Committee recalls that: (1) section 26(2)(3) of the Labour Code provides that an employer shall use uniform job evaluation criteria; (2) section 140(3) provides that remuneration systems are determined by collective agreement or, in the absence of such agreement (in workplaces with an average number of at least 20 employees) that it must be approved by the employer after information and consultation procedures, and be accessible to all employees; and (3) section 140(5) provides that the remuneration system must be designed in such a way as to avoid any gender discrimination or discrimination based on other grounds. It notes the Government’s statement that out of the 259 collective agreements currently in force, only 10 collective agreements contain provisions providing that companies shall ensure fair and competitive wages for all of their employees and avoid any discrimination, in particular on the ground of sex. The Committee observes the lack of information on whether such instruments contain specific provisions on remuneration systems. In that regard, the Committee notes that, according to the 2019 European country report on gender equality, the remuneration systems generally lack transparency as: (1) wages are usually set by individual agreement and not by a collective agreement; and (2) individual wages belong to the sensitive data protected by statutory or contractual confidentiality clauses (page 18). As regards collective agreements, the Committee notes that the Government refers to the implementation, from 2017 to 2020, of the project “Model of Cooperation between Trade Unions and Employers in Developing Social Dialogue” which aims at enhancing social dialogue between employers’ and workers’ organization, in order to produce methodological measures for collective bargaining. In light of the persistent gender pay gap, the Committee urges the Government to provide information on the application of sections 26(2)(3) and 140(3) and (5) of the Labour Code in practice, including by indicating how it is ensured that remuneration systems are based on objective job evaluation methods that are free from gender bias. It further asks the Government to provide information on: (i) any measures taken or envisaged to promote wage transparency; and (ii) any steps taken, in cooperation with the social partners, to promote the principle of the Convention in branch, territorial and enterprise negotiations, and ensure that work in sectors and occupations in which women are predominantly employed is not being undervalued. The Committee again asks the Government to provide relevant extracts of collective agreements containing provisions that reflect the principle of the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that: (1) section 58 of the Labour Code provides that sexual harassment as well as other acts of discrimination, are considered to be severe breaches of labour duties for which an employer has the right to terminate an employment contract without notice and severance pay; and (2) section 6(1) of the Law on Equal Opportunities for Women and Men imposes a duty on employers to protect employees, including civil servants, and jobseekers, from harassment and sexual harassment. The Committee notes the Government’s statement, in its report, that, in 2018, the Office of the Equal Opportunities Ombudsperson adopted internal rules specifying concrete measures to protect employees from sexual harassment or harassment, which can also be used by other institutions and companies who want to ensure the dignity and equality of their employees at the workplace. The Committee however notes the Government’s indication that: (1) Labour Dispute Committees did not dealt with any dispute on sexual harassment; (2) between 2017 and 2019, nine complaints regarding sexual harassment at work were received by the Office of the Equal Opportunities Ombudsperson, of which it was suggested to stop the action in five cases; only one complaint was received in 2019; and (3) in, 2016 and 2017, no case of sexual harassment was detected by the State Labour Inspectorate, while in 2018 only one case of non-respect by the employer of its duty regarding harassment and sexual harassment was identified. In light of the persistent very low number of complaint or cases of sexual harassment, the Committee recalls that the absence or the low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among workers and employers and their organizations, as well as the inadequacy of complaints mechanisms and means of redress (see 2012 General Survey on the fundamental Conventions, paragraph 790). In that regard, the Committee notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the inadequate handling of cases of gender-based violence against women, in particular sexual and domestic violence, by the investigating authorities, such as failure to complete the investigation or to move to criminal prosecution (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 22(c)). It further notes that, according to the 2019 European Commission country report on gender equality, there is no case law related to sexual harassment in the workplace, and that despite some individual efforts to organize social media campaigns, there is a general lack of perception of sexual harassment as a phenomenon, and the victims of possible harassment remain without public, legal and psychological support (page 14). The Committee asks the Government to provide information on: (i) the concrete measures taken, in particular in collaboration with workers, employers and their respective organizations, (ii) measures taken to prevent and address sexual harassment at work, in particular by raising awareness of section 58 of the Labour Code and section 6(1) of the Law on Equal Opportunities for Women and Men; and (iii) any case of sexual harassment and occupation dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the sanctions imposed and remedies provided.
Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee previously noted the adoption of Law No. XII-2470 on Employment, 2016; the National Social Integration Programme of the Disabled Persons for 2013–19; as well as of a vocational rehabilitation programme which provided for several subsidies and support measures for the employment and vocational rehabilitation of persons with disabilities. It notes the Government’s indication that, in December 2018, amendments were introduced to the Law on Equal Opportunities for Women and Men in order to establish the Commission for the Monitoring of the Rights of Persons with Disabilities, responsible for monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities and make recommendations to improve the national legislation and public policies. The Committee notes the Government’s statement that 2,214 persons with disabilities participated in vocational rehabilitation services from 2015 to 2018. The Government adds that, from 2016 to 2018, discussions were held on the way to improve the quality and efficiency of vocational rehabilitation services. As a result, a booklet about quality standards for vocational rehabilitation was developed. The Committee notes that several projects were implemented, in the framework of the National Programme for the Social Integration of Persons with Disabilities for 2013–2019, such as: (1) a persons with disabilities’ day; and (2) the employment of people with disabilities in various craft society clubs where they can learn how to make various goods, and develop craft and artistic skills in social clubs. It further notes the Government’s indication that the Programme anticipates promoting greater employment of people with disabilities, in particular through: (1) active labour market policy measures including subsidized employment and employment by social enterprises; (2) enhancement of self-employment; and (3) vocational training and professional rehabilitation. The Government adds that it is anticipated that, consequently, the number of the persons with a disability in employment will increase by one fifth. The Committee notes that, in its 2019 concluding observations, the CEDAW expressed concern about the existence of multifold obstacles to employment for women with disabilities (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 42). It further notes, from the statistical information provided by the Government that, between 2017 and 2019, the Office of Equal Opportunities Ombudsperson received 22 complaints concerning discrimination on the ground of disability in employment. The Committee asks the Government to continue to provide information: (i) on the measures taken to promote equality of opportunity and treatment for persons with disabilities in order to enhance their access to vocational training and employment, as well as on their impact in practice; (ii) on the activities of the Commission for the Monitoring of the Rights of Persons with Disabilities implemented to that end, as well as on any recommendations made to improve the national legislation or public policies; and (iii) on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).
Article 1(2). Inherent requirements of the job. The Committee previously noted that: (1) section 9 of the Law on Civil Service requires a good command of the state language to be admitted to the position of civil servant; (2) requirements regarding religion can be imposed for the staff of religious communities, societies and centres; and (3) section 6(5) of the Law on Equal Opportunities for Women and Men provides that a different treatment between men and women is not deemed to be discriminatory when a certain job can be performed only by a person of a particular sex where, due to the nature of a specific professional activity or the conditions of its fulfilment, the sex of the person is an essential (unavoidable) and determinant professional requirement. The Committee notes with regret the repeated lack of information provided by the Government on the implementation of these provisions. It further notes the Government’s indication that no statistical information is available on the number and positions of persons from national minorities recruited as civil servants since adoption of the Law on Civil Service. Recalling that the concept of inherent requirements must be interpreted restrictively so as to avoid undue limitation of the protection provided by the Convention, the Committee again asks the Government to: (i) indicate how it is ensured that language requirements do not in practice deprive ethnic minority groups of equality of opportunity and treatment in respect of their employment in the civil service; and (ii) provide examples of cases where the sex of a person or his or her religion has been considered to be an inherent requirement of a particular job, under national legislation or in practice.
Article 2. National equality policy. Referring to its previous comments regarding the adoption of an Inter-institutional Action Plan for the Promotion of Non-discrimination for 2015–20, the Committee notes that such plan was formally discontinued at the end of 2016 and replaced in May 2017 by an Action Plan for the Promotion of Non-discrimination for 2017–2019. In that regard, it notes the Government’s statement that the action plan for 2017–2019 includes several measures which aim at improving the legal framework, the inter-institutional cooperation, as well as public awareness, education and research on non-discrimination and equal opportunities, including in collaboration with the Office of the Equal Opportunities Ombudsperson, in order to reduce discrimination in the labour market. The Government adds that, in 2018, the Ombudsperson launched a website on equality plans for employers and carried out a number of activities to promote equal opportunities in the labour market. Furthermore, in 2019, an initiative called “Wings of equal opportunities” was launched to reward companies and organizations for their proactive work in the field of equal opportunities. The Committee asks the Government to: (i) continue to provide information on the concrete steps taken, in particular in the context of the Action Plan for the Promotion of Non-discrimination for 2017–2019 or any similar plan adopted as a follow-up, in order to effectively promote equality of opportunity and treatment in employment and occupation, with respect to all of the grounds covered by the Convention, and address discriminatory practices; and (ii) provide information on any assessment made of the impact of such actions.
Enforcement. The Committee notes the Government’s indication that a checklist on equal rights for women and men in employment was developed by the State Labour Inspectorate to assist labour inspectors. The Government adds that the State Labour Inspectorate also organized educational seminars and consultations regarding gender equality in employment. The Committee notes the Government’s indication that in 2016 and 2017 no violation was found by the State Labour Inspectorate, whereas seven violations were identified in 2018 regarding the lack of implementation of equal opportunities policies. Furthermore, between 2017 and 2019, the Office of the Equal Opportunities Ombudsperson received 196 complaints alleging discrimination in employment, for which violation was detected in 43 cases. The Committee asks the Government to continue to provide information: (i) on any measures taken or envisaged to promote the enforcement of the principles of the Convention; and (ii) on any cases of discrimination in employment and occupation dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the sanctions imposed and remedies provided.

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. The Committee previously noted the persistence of occupational gender segregation and discriminatory attitudes concerning men’s and women’s roles at work and requested the Government to provide information on: (1) the steps taken, including in the context of the National Programme on Equal Opportunities for Women and Men 2015–21 and its accompanying Action Plan 2015–17, to effectively reduce occupational gender segregation and promote equality of opportunity and treatment of men and women in employment and occupation, including in recruitment, as well as on the results achieved; and (2) the distribution of men and women in employment, disaggregated by economic sector and occupation. The Committee notes the Government’s statement in its report that the Action Plan 2018–21 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015–21 continues to support initiatives aimed at: (1) addressing gender stereotypes and segregation, as well as its causes and consequences, including through the exchange of good practices; (2) addressing gender segregation in education; and (3) disseminating information on equal opportunities in employment for the social partners. The Committee notes from the statistical information provided by the Government that in 2018 women accounted for 47.2 per cent of employed persons (compared with 52.8 per cent of men) and 45.3 per cent of participants who benefited from active labour market policy measures (compared with 54.7 per cent of men). In this regard, it notes from Eurostat data that the employment rate of women increased from 75.5 per cent in 2017 to 77.4 per cent in 2019 (compared with 79 per cent for men in 2019), and is one of the highest employment rates of women of the countries of the European Union. The Committee welcomes this information. It however notes from the statistical data of the European Institute for Gender Equality (EIGE) that the share of women on the boards of the largest publicly listed companies fell from 14 per cent in 2010 to 12 per cent in 2019. The Committee notes, from the Government’s 2019 report under the national-level review of implementation of the Beijing Declaration (the Beijing+25 national report), that despite increased attention in the area of gender equality, violations of equal opportunities for women and men are still noticeable in many areas, and gender segregation in the labour market remains a reality. Indeed, while nearly 27 per cent of women compared to 6 per cent of men work in education, human health and social work activities, there are four times more men (31 per cent) than women (8 per cent) who work in science, technology, engineering and mathematics (STEM) occupations. The Government adds in the Beijing+25 report that gender equality in educational attainment and participation has improved slightly, while the situation concerning segregation in study fields remains a challenge, as 37 per cent of women students are still concentrated in the fields of education, health and welfare, humanities and the arts. The Committee recalls that, under section 26(6) of the Labour Code, employers with an average number of more than 50 employees are required to adopt and publish the measures implementing and enforcing the principles of the equal opportunities policy. It however notes, from the Government’s Beijing+25 report, that in the companies inspected by the State Labour Inspectorate this requirement was generally not implemented. It further notes that, in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at: (1) the persistence of discriminatory gender stereotypes and calls for adherence to traditional roles and values for women, including in the media, as noted in the survey conducted by the Equal Opportunities Ombudsperson; (2) that the Law on Strengthening Families may reinforce discriminatory stereotypes regarding the roles and responsibilities of women and men in family and society; and (3) vertical and horizontal occupational gender segregation (CEDAW/C/LTU/CO/6, 12 November 2019, paragraphs 20 and 36). The Committee urges the Government to strengthen its efforts to effectively address stereotypes of the roles and responsibilities of women and men in the family and in society, as well as occupational gender segregation. In this regard, the Committee requests the Government to provide information on: (i) the measures taken to promote equality of opportunity and treatment for men and women in education, employment and occupation, particularly in the framework of the Action Plan 2018–21 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015–21; (ii) any assessment made of the impact of such measures, as well as the application of section 26(6) of the Labour Code in practice; and (iii) the distribution of men and women in employment, disaggregated by economic sector and occupation.
Equality of opportunity and treatment irrespective of race, colour and national extraction. Roma. Referring to its previous comments concerning the persistent discrimination against the Roma in education and employment, the Committee notes the Government’s indication that the integration of the Roma into the labour market is enhanced through: (1) the implementation of general measures which fall under the responsibility of the Lithuanian Labour Exchange; and (2) the implementation of specific projects dedicated to the integration of the Roma into the labour market. In this regard, the Government refers to the Project “Working with the Roma: New job opportunities and challenges”, implemented in collaboration with representatives from the Roma community, as a result of which, 40 persons participated in 2018 in a general skills development process, including language classes, and 78 persons started searching for a job or studying to become employed or self-employed. The Committee notes the Government’s statement that one of the major obstacles identified for the integration of the Roma into the labour market is the lack of basic education, and that the distance education services provided by the Roma Community Centre only partially address this situation. Referring to its previous comments concerning the adoption of an Action Plan for Roma Integration into Lithuanian Society for 2015–20, the Committee however regrets the lack of information provided by the Government on its implementation. The Committee further notes that, in their recent concluding observations, several United Nations treaty bodies have expressed concern at: (1) the persistent stereotypes, prejudice and intolerance against the Roma which lead to discrimination in the fields of education and employment; (2) the persistent low literacy rates among the Roma compared with the general population; (3) the persistent low proportion of Roma children and young people completing basic education and the decrease in the number of the Roma with secondary and higher education; as well as (4) the low employment rate of the Roma, particularly Roma women (CERD/C/LTU/CO/9-10, 7 June 2019, paragraph 17, and CCPR/C/LTU/CO/4, 29 August 2018, paragraph 7). The Committee notes this information with concern. It further notes from the statistical information provided by the Government that among the complaints concerning discrimination on the grounds of race, nationality, language, origin, ethnicity and citizenship received by the Office of Equal Opportunities Ombudsperson from 2017 to 2019, 11 concerned employment and 10 education. The Committee however observes that such information does not relate specifically to the Roma. It further notes that, according to the 2019 European Commission country report on non-discrimination, no cases of discrimination against the Roma were brought to the courts from 2015 to 2018, and no complaints regarding discrimination against the Roma were brought to the Equal Opportunities Ombudsperson or started by the Ombudsperson in 2018. The Committee urges the Government to strengthen its efforts to combat stigma and discrimination against the Roma, including through awareness-raising campaigns against stereotypes and prejudice, in order to effectively ensure equality of opportunity and treatment in education, employment and occupation for the Roma community. It asks the Government to provide information on: (i) the specific measures taken to that end and on any assessment made of their impact, as well as on any new action plan elaborated as a follow-up to the Action Plan for Roma Integration in Lithuanian Society 2015–20; and (ii) the participation of the Roma in education and vocational training courses, as well as in the labour market.
General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
The Committee is raising other matters in a request addressed directly to the Government.
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