Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Hours of Work (Industry) Convention, 1919 (No. 1) - Lithuania (Ratification: 1931)

Article 2 of the Convention. Maximum limit on hours of work per day. The Committee recalls its previous comment in which it noted that section 144(4) of the Labour Code and Government Resolution No. 587 of 14 May 2003 provide for specific occupations and works (including telecommunications, public utility services, seaport navigation, air traffic control, railway transport, oil and gas production) in which the duration of working time may be up to 24 hours per day provided that the average working hours do not exceed 48 hours per week and that the rest period between working days is not shorter than 24 hours. The Committee observed, in this regard, that such provisions directly contradict the letter and the spirit of ILO Conventions on hours of work which seek to establish reasonable legal standards of hours of work in order to provide adequate protection against undue fatigue and to ensure meaningful leisure and opportunities for recreation and social life for all workers. The Committee considers it important to recall that the same concerns have been raised by the European Committee of Social Rights which in its 2007 conclusions found that the situation in Lithuania is not in conformity with Article 2(1) of the European Social Charter, since for some categories of workers, a working day of up to 24 hours may be allowed, and, under flexible working-time regimes, the working week may be more than 60 hours. In its latest report, the Government indicates that the Ministry of Social Security and Labour will submit to the social partners and concerned institutions a draft law amending Resolution No. 587 of 2003 and providing for a 16-hour daily limit, instead of the 24-hour limit currently applicable. The Committee accordingly requests the Government to revise the relevant provisions regarding the limits on the maximum number of hours of work per day to ensure that the Convention is given full effect in this respect.

Article 5. Averaging of working time. The Committee refers to its previous comment in which it noted that in a considerable number of sectors, the Labour Code (section 149(1)) and Government Resolution No. 587 of 2003 allow for the averaging of working hours with a reference period of four months and one year, respectively, and it drew the Government’s attention to the fact that the Convention allows for the averaging of working hours only in exceptional cases where it is recognized that the normal hours of work cannot be applied. In its latest report, the Government indicates its intention to review the Labour Code and states that the Committee’s comments will be taken into consideration in this process. The Committee requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy of the revised Code once it has been adopted.

Article 6(1)(b). Temporary exceptions. Recalling that section 151 of the Labour Code, as it currently stands, permits overtime in circumstances which go beyond those provided for in Article 6(b) of the Convention (e.g. exceptional cases of pressure of work, accident, force majeure, urgent repair work) and in the absence of the Government’s reply on this point, the Committee requests the Government to take appropriate steps in the context of the revision process of the Labour Code to ensure that section 151 is fully aligned with the requirements of this Article of the Convention.