Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Lituanie (Ratification: 2004)

Article 3 of the Convention. National policy. In its report, the Government indicates that municipalities, together with project partners (non-governmental organizations and municipal institutions), organized and provided comprehensive services for families (positive parenting training, psychosocial support, family skills training, family mediation, childcare services, transportation services) within the framework of the implementation of the Action Plan for Comprehensive Family Services 2016–2023, and that over 103,000 persons benefited from these services. It further adds that on 1st August 2020, amendments to the Labour Code entered into force modifying provisions related to non-discrimination, including ‘intention to have a child/children, marital and family status’ as additional prohibited grounds of discrimination (section 2 of the Labour Code). The Committee recalls the importance of ensuring that measures taken to implement the Convention do not in practice reflect an assumption that the main responsibility for family care lies with women, or exclude men from certain rights and benefits, which would have the effect of reinforcing stereotypes regarding the roles of women and men in the family and in society (see General Survey of 2023, paragraph 175). In addition, the Committee wishes to recall that, within the meaning of the Convention, family responsibilities include not only responsibilities in relation to dependent children but also to other members of the workers’ immediate family (as defined in each country) who clearly need their care or support. The Committee asks the Government to provide information on: (i) the practical application of section 2 of the Labour Code, such as any judicial or administrative decisions relating to employment discrimination on the grounds of family responsibilities, intent to have a child or children or unfavourable treatment as a result of using family-related entitlements but also because a worker has to provide care of or support to an immediate family member; and (ii) how the implementation of the Action Plan for Comprehensive Family Services 2016–2023 has enabled workers, both male and female, to better conciliate employment and family responsibilities. Please indicate if a new Action Plan has been adopted after 2023 and if so, what are the strategic objectives of this new plan and some of the main measures envisaged.

Article 4. Terms and conditions of employment. The Government reports that: (1) in 2022, the Law on Equal Opportunities was amended to require employers to support workers’ work-life balance and prevent discrimination against male employees requesting paternity leave or flexible work schedules; and (2) in January 2023, new provisions for parental leave were introduced to promote gender equality in both professional and personal life, encourage men’s involvement in family responsibilities, and support women’s participation in the labour market. These provisions include measures such as extending the duration of the childcare benefit (as most kindergartens accept children only from 18 months of age) and requiring both parents to actively care for their child, with each parent obligated to take at least two months leave. Specifically, each parent (including adoptive parents and guardians) is entitled to a non-transferable two-month portion of parental leave, which can be taken in whole or in parts, but not simultaneously by both parents. On the subject of reconciling work and family responsibilities, the Committee refers the Government to Chapter 7 of its General Survey of 2023, Achieving gender equality at work, and its General Observation of 2020. The Committee asks the Government to provide more concrete examples of measures taken or envisaged to ensure that workers with family responsibilities are not subject to discrimination in employment and occupation because of their family responsibilities. Please continue to provide updated information on the number of men and women taking care leave for children up to a specified age, as well as parental leave. This should include data on short and long-term care leave taken to support family members in the event of the illness of dependents, including children. Additionally, please provide information on the receipt of childcare allowances or benefits.

Working-time arrangements. The Committee takes note of the Government’s mere statement that section 52 of the Statute of Military Service and sections 40 (4) and (5) of the Labour Code were modified on 23 March 2018, and 28 June 2022, respectively, without indicating the content of these amendments. The Government further indicates that: (1) in 2022, part-time employment decreased to 221,000 persons (16.4 per cent of total employment), i.e. a decrease of 5,100 persons from 2021. The sectors with the highest proportion of part-time workers remained similar, with education (18.5 per cent), wholesale and retail trade (14.3 per cent), and human health and social work (14.6 per cent) leading the trend. In the part-time workforce, 61,226 persons were in the public sector, and 160,055 in the private sector; and (2) on 25 May 2023 a new Law on civil service was adopted aiming to solve certain problems identified in the implementation of the Public Governance Development Programme 2022–30, among them the need for increased flexibility in the management of human resources and to reduce some of the disparities between the regulations of the civil service and the provisions of the Labour Code. The Committee asks the Government to provide information on: (i) the amendments to section 52 of the Statute of Military Service, sections 40(4) and 40(5) of the Labour Code and to the Law on civil service; and (ii) the practical application of these new provisions in the military and the private and public sectors. Please provide information disaggregated by sex, on the number of workers utilizing part-time work or any other flexible working time arrangements in order to accommodate workers with family responsibilities, both in the private and public sectors.

Maternity leave and benefits. The Committee recalls that section 132(1) of the 2016 Labour Code provides that if an employee is not making use of the pregnancy or maternity leave, the employer must grant fourteen days starting from the childbirth irrespective of the employee’s request and its observation and that it had stressed that, under the Maternity Protection Convention, 2000 (No. 183), maternity leave for a minimum period of six weeks after childbirth is compulsory, unless otherwise agreed at the national level by the Government and the representative organizations of employers and workers. In that regard, it refers the Government to its 2023 comment under the Maternity Protection Convention, 2000 (No.183). The Committee takes note of the indication that the number of women taking maternity leave decreased from 32,300 persons to 26,400 persons in the period 2009–22.

Paternity leave and benefits. The Government indicates that the number of men taking paternity leave decreased from 10,100 persons to 8,500 persons in the period 2018–22. The Committee requests the Government to continue providing statistical information on the number of beneficiaries of paternity leave and to identify and address the underlying causes of the low number of men taking paternity leave.

Article 5. Childcare and family services and facilities. In reply to the Committee's previous request on statistical data, the Government indicates that: (1) the number of preschool education institutions was 715 in 2022 (621 in urban areas and 94 in rural areas), corresponding to 134,230 places in these institutions (114,898 in urban areas and 19,332 in rural areas); and (2) between 2019–22, the number of children in pre-school establishments has increased from 42,530 to 46,139, and in preparatory classes in general school from 9,680 to 10,450. The Committee observes that between 2018 and 2023 there has been a decrease in school-age children not attending school, e.g. from 2,403 to 1,614 at age 7, and notes that there remain unused slots in childcare institutions (525 of 689 were utilised in 2022). It wishes to stress, in that regard, that accessible, affordable and quality social services, including childcare and care facilities for children and other dependants, are crucial for ensuring equality of opportunity for workers with family responsibilities, in particular as it can reduce the disproportionate share of unpaid care and domestic work carried by women and girls. The Committee asks the Government to indicate if the number of unused slots in childcare institutions is due to the cost or lack of flexibility of the childcare services and facilities or a decline of the birth rate in the country. Please also communicate statistical data on the availability of family services for dependent children beyond school age or dependent adults.

Article 6. Education. The Government indicates that several initiatives to promote gender equality and challenge societal stereotypes have been implemented, including gender competency training for journalists, media professionals, and educational staff, aimed at shaping individual attitudes. Additionally, a communication campaign called “More Balance” has been launched to advocate for equal sharing of unpaid work and childcare responsibilities within families and to combat stereotypes, by the share of parenting stories and strategies for balancing work and family responsibilities. The Committee welcomes these initiatives and requests the Government to continue providing information on any measures taken to effectively address stereotyping in the roles of men and women at work and promote the sharing of family responsibilities.

Article 7. Integration of workers with family responsibilities into the labour force. The Committee requests again the Government to provide information on the practical application of section 131(2) of the Labour Code. It also requests the Government to provide information on any measures taken to enhance the integration of workers with family responsibilities into the labour force, as well as to indicate how measures already implemented have enabled workers with family responsibilities to become and remain integrated into the labour force. The Committee also requests the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who have benefited from employment services and active labour market measures.

Article 8. Protection against dismissal. The Committee requests the Government to provide information on the practical application of sections 57(7) and 61 of the Labour Code, including on any relevant cases concerning dismissal of workers due to their family responsibilities dealt with by the Equal Opportunities Ombudsperson and the courts.

Article 11. Workers’ and employers’ organizations. The Government indicates that consultation of employers’ and workers’ organisations on International Labour Standards is organised by involving social partners’ participation in the work of the Tripartite Council, which considers issues and makes conclusions and proposals in the fields of labour, social and economic policy and on issues to be considered under provisions the Tripartite Consultations Convention (International Labour Standards), 1976 (No. 144). The Committee nevertheless notes that the Government does not provide particulars of the consultations held by the Tripartite Council of the Republic of Lithuania on matters related to international labour standards and refers the Government to its 2023 comment under the Tripartite Consultation Convention (International Labour Standards), 1976 (No.144). The Committee asks the Government to provide information on the activities of the Tripartite Council concerning the application of the Convention. It also reiterates its request for information on how collective agreements address the rights and needs of workers with family responsibilities.

Enforcement. The Committee notes that the Government does not communicate information on the effective application of the new relevant sections of the Labour Code. The Committee requests the Government to provide specific information on the number and content of complaints brought to the State Labour Inspectorate, the Equal Opportunities Ombudsperson or the courts concerning discrimination against workers with family responsibilities, as well as on their outcome.