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

Private Employment Agencies Convention, 1997 (No. 181) - Lithuania (Ratification: 2004)

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.