Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre los trabajadores con responsabilidades familiares, 1981 (núm. 156) - Lituania (Ratificación : 2004)

1. Article 3 of the Convention. Prohibition of discrimination. The Committee notes that article 2 of the Labour Code recognizes the principle of equality of the subjects of labour law irrespective of gender, marital or family status, and other grounds. It also notes the Government’s indication that section 1 of the Law on Equal Treatment of Men and Women, as amended in 2005, prohibits discrimination based on sex, including relating to marital or family status. The Committee requests the Government to provide information on how these provisions, in practice, protect men and women workers from discrimination in employment and occupation based on their family responsibilities, including unfavourable treatment as a result of using family related entitlements. In this regard, please also provide information on any judicial or administrative decisions relating to employment discrimination on the ground of family responsibilities.

2. Article 4. Terms and conditions of employment. The Committee notes the various provisions contained in the Labour Code and the Law on Civil Service concerning working time and leave entitlements addressing the needs of workers with family responsibilities. It also notes that the Government has issued recommendations to employers and employees concerning flexible forms of work organisation (Order No. A1-160 of 17 October 2003). The Committee requests the Government to provide:

(a)      detailed information on the practical application of the Labour Code’s provisions accommodating and protecting workers with family responsibilities, particularly those relating to part-time work (article 146) and leave entitlements (articles 179 and 180), including information on the extent to which these entitlements are being used by men and women;

(b)      indications whether article 172 of the Labour Code which provides that an instalment of annual leave may not be shorter than 14 calendar days precludes workers with family responsibilities from taking shorter leave periods;

(c)       detailed information on the progress made in promoting and putting in place flexible forms of work organization to accommodate workers with family responsibilities.

3. Paternity leave and benefits. The Committee notes with interest that an amendment to the Labour Code of 8 June 2006 introduced a new paternity leave granted to fathers starting from birth until the child reaches the age of 1 month. However, the Committee also notes that one of the requirements for receiving cash benefits during paternity leave is that the father is married to the mother of the child. The Committee considers that this requirement may be in contradiction of the principles of the Convention, as well as the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and requests the Government to elaborate in its next report under Convention No. 111, on the rationale for such a requirement in the light of the principle of equality.

4. Article 5. Child-care services and facilities. The Committee requests the Government to provide detailed information on the measures taken to give effect to this Article, including information on the number and nature of the existing child-care services and facilities.

5. Article 7. Integration of workers with family responsibilities into the labour force. The Committee notes from the Government’s report that a number of projects and initiatives are being implemented to promote the reconciliation of work and family responsibilities and the integration of workers with family responsibilities into the labour market. In this regard, the Committee also notes the Law on Support for Employment and the Law on Social Enterprises. The Committee requests the Government to provide detailed information on how measures taken to implement these laws have enabled workers with family responsibilities to become and remain integrated in the labour force. Please provide statistical information on how and to what the extent workers with family responsibilities have benefited from employment services and active labour market measures.

6. Article 11. Workers’ and employers’ organizations. Noting that the Government’s report contains very little information on the activities of trade unions and employers’ organizations, the Committee underlines the crucial role that the social partners play in promoting family friendly workplaces. The Committee requests the Government to indicate how it ensures that workers’ and employers’ organizations have the right to participate in devising and applying measures to give effect to the Convention. The Government is also asked to provide information on the manner in which collective agreements address the rights and needs of workers with family responsibilities.

7. Part V of the report form. Practical application. The Committee requests the Government to continue to provide information on the implementation of the ongoing projects promoting reconciliation of work and family responsibilities, including the results achieved. Please also provide any other information indicating the progress made in enabling workers with family responsibilities to exercise their right to engage in employment, including the results of relevant studies and reports, as well as statistical information, disaggregated by sex, on the participation of workers with family responsibilities in the labour market.