Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lithuania (Ratification: 1994)

Article 1 of the Convention. Legislative developments. Discrimination based on race, colour and national extraction. In its report, the Government indicates that section 26 of the Labour Code adopted in 2016 (XII-2470 of 21 June 2016) addresses discriminatory attitudes and stereotypes based on race, colour or national extraction of men and women workers. The Committee notes that, according to this section - regardless of a worker’s gender, race, nationality, language, descent, social status, faith, beliefs or views, age, sexual orientation, disability, state of health, marital and family status, ethnicity, membership of political parties, trade unions or associations, religion, the intention to have a child, as well as the fact that the employee enjoys or has exercised the rights provided for in this Code or other legal grounds – employers must: (1) apply the same selection criteria and conditions when recruiting; (2) apply equal working conditions, opportunities for upskilling, professional development, retraining, practical work experience, as well as equal benefits; (3) apply uniform criteria for job evaluation and dismissal; (4) pay equal pay for the same work and work of equal value; (5) take measures to prevent harassment (including sexual harassment) or protect from discrimination in the workplace, as well as to avoid reprisals from adverse consequences if a worker lodges a complaint alleging discrimination or to punish the worker if he or she participated in acts of discrimination or harassment; (6) take appropriate measures to enable persons with disabilities to access employment, work, careers or training, including adequate working conditions, provided that such measures do not impose a disproportionate burden on the employer. It further adds that incitement against any nation, race, ethnic, religious, or other groups of people are criminalized under Article 170 of the Criminal Code of the Republic of Lithuania, and that also the Action Plan 2017–20 for the Promotion of Non-Discrimination has included among its activities some that address the issue raised by the General observation of 2018, such as the organisation of training on national minorities and their cultural characteristics, and the dissemination of good non-discrimination practices in the labour market through integration ambassadors among national minorities. The Committee welcomes the efforts made by the Government to strengthen the legal framework of the country to combat discrimination and the prohibited grounds added to the grounds formally listed in Article 1(1)(a) of the Convention (such as sexual orientation, family status, the intention to have a child, age, nationality, etc.). However, it observes that the grounds of colour and national extraction are not listed in the new section 26 of the Labour Code. In this regard, the Committee recalls that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a). As regards national extraction, the Committee recalls that it covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin and that it covers discrimination in employment and occupation experienced by ethnic minorities, national minorities, indigenous and tribal peoples, and so on.

Discrimination based on political opinion. In addition, the Committee notes that the ground of ‘membership to a political party’ is too restrictive, as the Convention not only protects against discrimination based on political affiliation but also against discrimination on the basis of political opinion which implies protection in respect of the activities of expressing or demonstrating ones political opinion (included against established political principles and opinions as long as they are expressed or demonstrated peacefully).

The Committee asks the Government: (i) to continue to strengthen the legislative protection against discrimination in all aspects of employment and occupation by including “colour”, as a prohibited ground of discrimination in section 26 of the Labour Code; (ii) to indicate whether the ground of “national extraction” listed in the Convention is covered by the grounds of “descent” and “ethnicity” listed in the new section 26 of the Labour Code; (iii) to provide information on any interpretation concerning discrimination based on ‘descent’ and ‘ethnicity’ and ‘membership to a political party’ handed down by the judicial authorities and, if so, to provide a summary of the decision(s); (iv) to indicate the steps taken to raise-awareness of the new antidiscrimination provisions in the Labour Code among workers, employers and their respective organizations as well as law enforcement officials; and (v) to give information on their application in practice, such as the number and nature of cases of discrimination in employment and occupation dealt with by labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and compensation granted.

Discrimination based on sex. Sexual harassment. The Government indicates that, on 1 November 2022, a new modification of section 30 of the Labour Code has entered into effect by adding: (1) a broader definition of violence and harassment at work, including gender-based violence and harassment (violence and harassment directed against persons based on their sex or disproportionately affecting persons of a particular sex, including sexual harassment), meaning any unacceptable behaviour or threat of such behaviour, whether it is intended to be physical, whether once or repeated, psychological, sexual or economic effects, whether the unacceptable conduct has or may have such effects, whether it violates the dignity of a person or creates an intimidating, hostile, degrading or offensive environment, and/or whether it has caused or is likely to cause physical, material and/or non-material damage; and (2) a new obligation for employers whose average number of employees is more than fifty, to adopt, publish and implement a workplace policy to prevent violence and harassment in the workplace, setting out methods of detecting violence and harassment, possible forms of violence and harassment, procedures for familiarising with measures to prevent violence and harassment, procedures for reporting and handling violence and harassment, measures for the protection and assistance of persons reporting and victims of violence and harassment, rules on the conduct of staff (ethics of work) and other information relating to the prevention of violence and harassment. The Committee takes note of the Government’s statement in its report that despite the fact that the new section 30 targets employers with more than fifty employees, it should not limit the rights of other employers with fewer employees to adopt and apply these and other measures to ensure the well-being of workers at work. The Committee notes that no information is provided on cases of sexual harassment and occupation dealt with by the competent authorities. The Committee welcomes the legislative efforts held by the Government and asks it to provide information on: (i) any activities realized or envisaged to raise awareness on the phenomenon of sexual harassment and the new legal framework to prevent and address sexual harassment at work; (ii) the number of enterprises that have developed workplace policies to prevent violence and harassment in the workplace since the entry into force of the new section 30 of the Labour Code; and (iii) any case of sexual harassment dealt with by the State Labour Inspectorate (SLI), Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the sanctions imposed and remedies provided.

Additional grounds of discrimination. Disability. The Committee takes note of the Government's indication that only 29.1 per cent of working-age persons with disabilities were employed (42.9 thousand persons) in 2021. It also takes note of the legislative activities of the Commission for the Monitoring of the Rights of Persons with Disabilities, and of the proposed amendments which aim are to ensure a horizontal approach to integration policies for persons with disabilities, consistency in addressing the problems faced by persons with disabilities, more sustainable and more powerful solutions, and allow for more effective implementation of the provisions of the United Nations Convention on the Rights of Persons with Disabilities, in addition to a allow for more effective implementation of the provisions of the United Nations Convention ratified by Lithuania. The Government indicates that the Lithuanian Employment Service has promoted equality of opportunity and treatment for persons with disabilities through different initiatives, among them: the recruitment of 117 case managers (by the end of 2022), who assist persons with disabilities throughout the whole process of recruitment by identifying specific problems of persons with difficulties in finding employment (motivation, lack of social skills, communication problems, debt issues, specific requirements for the workplace related to the nature of the disability), offering personalized solutions, cooperating with non-governmental organizations, social partners and local government in the process of assistance, organizing awareness campaigns such as “No Difference” and “Empower” to include people with disabilities in the open labour market. The Government further adds that as a result of the Employment Services’ activities during 2022, over half of the more than 13 thousand individuals with disabilities registered with the service secured employment or embarked on self-employment ventures. The Committee asks the Government to provide information on the bills adopted or modified following the recommendations of the Commission for the Monitoring of the Rights of Persons with Disabilities. It also asks the Government to provide information on the persons with disabilities' labour force characteristics compared with those without a disability (e.g. educational level, economic sector, occupational position, full-time and part-time, etc.); and any other measure taken to promote equality of opportunity and treatment for persons with disabilities to enhance their access to vocational training and employment.

Article 1(2). Inherent requirements of the job. The Committee notes the Government's indication that Ukrainian war refugees will not be subject to the requirement of knowledge of the state language for 24 months from the granting of temporary protection to a particular person, which means that they can work without restrictions where knowledge of the Lithuanian language is required. The Government does not specify if this measure apply also to the Civil Service. The Committee once again notes with concern the repeated lack of information provided by the Government on the implementation of section 9 of the Law on Civil Service and section 6(5) of the Law on Equal Opportunities for Women and Men. It recalls that the concept of inherent requirements must be interpreted restrictively to avoid an undue limitation of the protection provided by the Convention. The Committee reiterates its request to 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.Gender Equality. The Government indicates that, in 2021, a total of 113,596 persons embarked on self-employment ventures, with 73,647 (64.8 per cent) being women; while 5,989 persons participated in vocational training programs during the same period, with 3,040 (50.8 per cent) being women. The Government adds that the Action Plan for Equal Opportunities for Women and Men 2023–2025 was approved to promote equal opportunities for women and men in employment and work, to reduce gender segregation in the labour market and to increase family and work reconciliation guarantees. The Committee requests the Government to provide information on: (i) the impact of the measures adopted; and (ii) the activities and measures contemplated in the Action Plan for Equal Opportunities for Women and Men 2023–2025 and the results achieved to date.

Enforcement. The Committee notes that the information provided mostly concerns cases of unequal remuneration between men and women and refers the Government to its comment under the Equal Remuneration, 1951 (No.100). The Committee asks the Government 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.