Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

With reference to its previous comments, the Committee notes the information in the Government’s report relating to Article 6(1) to (6) and (8) (rate of cash benefits and social assistance) of the Convention, as well as the Government’s statement that the Labour Code shall be amended to stipulate the compulsory nature of the maternity leave of at least six weeks. In stressing the importance of a compulsory leave after childbirth to ensure the effective protection of mother and child, the Committee hopes that this amendment will be adopted soon so as to give full effect to Article 4(4), of the Convention.

Article 1 of the Convention. Non-discrimination. Please indicate whether any specific action was taken in the context of anti-discrimination programmes to guarantee the absence of discrimination on the grounds of maternity, in particular with regard to the most vulnerable categories of women, such as women from minorities, of foreign origin and in atypical forms of dependent work.

Article 2, paragraph 1. Atypical forms of dependent work. (a) In reply to the Committee’s question whether maternity protection is extended to atypical forms of dependent work, the Government indicates that section 108(1) of the Labour Code recognizes that employment contracts may be without term, fixed term, temporary, seasonal, on additional work, secondary job, with homeworkers, on the supply of services, etc. The Committee recalls however that, according to section 98 of the Labour Code, in the absence of any such employment contract, the labour relationship becomes illegal. It would therefore ask the Government to indicate whether specific legislative or other measures have been taken to extend maternity protection to women workers engaged in atypical forms of dependent work, which may take the form of a disguised employment relationship without a formal employment contract. Please also provide statistics on the total number of employed women, including estimations, if available, of the number of those in atypical forms of dependent work. (b) Sections 115 to 117 of the Labour Code adopted in 2002 provide that further legal acts regulating home work contracts, contracts for household services and contracts for agricultural workers, shall be subsequently established by the Government. While noting the Government’s statement that maternity protection provisions shall be applied irrespective of the type of contract, the Committee would like to know whether any specific regulations were adopted pursuant to sections 115 to 117 of the Labour Code and whether they cover issues relating to maternity protection. (c) Please explain the interrelationship between the Law on State Social Insurance of 1991 and the Law on Maternity Protection of 2000, as the personal scope of the two texts appears to cover different categories of workers.

Article 3. Health protection. Section 45 of the Labour Code establishes the Tripartite Council of the Republic of Lithuania which fulfils an advisory function in labour relations and section 46 foresees the establishment of other tripartite councils to solve, inter alia, issues related to employee health and safety. Please specify the tripartite body which should be consulted on measures to ensure that pregnant and breastfeeding women are not obliged to perform work involving a significant risk for the health of the mother and child. Please explain the measures taken under the terms of Order No. 340 of 19 March 2003 which determines the list of hazardous working conditions and risk factors for pregnant women, women who have recently given birth or who are breastfeeding.

Article 6, paragraph 7. Medical benefits. The Government states that as a result of their affiliation to the Compulsory Health Insurance Fund, women are covered for all relevant health care during their pregnancy, childbirth and postnatal period, including hospitalization. Please specify whether the types of medical care that are required by the Convention are expressly mentioned in the regulations of the Fund.

Article 8. Termination of employment. In reply to the Committee’s previous direct request, the Government specifies that the burden of proof in the event of termination of employment during the protected period rests with the employer. Please indicate the relevant legislative provision and explain the recourse procedures available to women who fall victims of unjustified dismissal.

Article 9, paragraph 2. Non-discrimination. The Government states that upon admitting a person to work, employers shall observe section 2 of the Labour Code which provides for the equality of treatment of applicants, irrespective of the factors unrelated to their professional qualities. Please indicate the number of violations of section 2 of the Labour Code registered by labour inspectors and provide any judicial decisions invoking this section in sanctioning employers who have required pregnancy tests prior to recruitment.