Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Lituanie (Ratification: 1994)

Autre commentaire sur C111

Observation

Demande directe

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Article 1(1)(a) of the Convention. Sexual harassment. The Committee takes note of the adoption of Law No. XII-2462 of 21 June 2016 establishing and implementing the new Labour Code, which entered into force on 1 July 2017 and, more particularly, of section 58 which provides that sexual harassment as well as other acts of discrimination, are considered as severe breach of labour duties for which an employer has the right to terminate an employment contract without notice and severance pay. It further notes that according to section 6(1) of the Law on Equal Opportunities for Women and Men, 1998, as amended on 25 July 2017, a duty is imposed on employers to protect employees from harassment and sexual harassment. Noting the Government’s indication, in its report, that in 2015 the Equal Opportunities Ombudsperson received only two complaints of sexual harassment, the Committee recalls that the absence or the low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among workers and employers and their organizations, as well as the inadequacy of complaints mechanisms and means of redress (see 2012 General Survey on the fundamental Conventions, paragraph 790). The Committee asks the Government to provide information on the practical application of section 58 of the new Labour Code and section 6(1) of the Law on Equal Opportunities for Women and Men, as amended in 2017, as well as on any case of sexual harassment in employment and occupation brought before the competent authorities, and the outcomes thereof. It further asks the Government to provide information on any steps taken by the Equal Opportunities Ombudsperson to prevent and address sexual harassment at work, including practical measures taken to raise awareness and ensure better understanding at the workplace level, and on the results achieved.

Discrimination on the basis of political opinion. The Committee previously expressed concern that the restrictions applicable to former staff officers of the USSR State Security Committee with regard to access to the civil service and to the private sector under section 2 of the Act on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Present Activities of Former Permanent Employees of the Organization of 16 July 1998 (“SSC Act”), as well as pursuant to earlier legislation, could amount to discrimination on the ground of political opinion. It noted the Government’s indication that these restrictions were no longer applicable and that, according to the 2010 data of the National Security Department, the application of the SSC Act affected 211 former SSC employees. The Committee notes the Government’s indication that such restrictions were applied until 1 January 2009 and that Law No. VIII-1316 on Civil Service, 1999, does not contain such restrictions. The Committee trusts that the Government will ensure that, in the future former staff officers of the USSR State Security Committee will not be subject to discrimination with regard to access to the civil service and to the private sector, and that the Government will take the necessary steps to remedy the situation of persons who were excluded from employment and occupation as a result of previous national legislation and practice which were contrary to the Convention.

Article 1(1)(b). Persons with disabilities. The Committee takes note of the adoption of Law No. XII-2470 on Employment, 2016, as well as of the National Social Integration Programme of the Disabled Persons for 2013–19, which provide for several subsidies and support measures for the employment and vocational rehabilitation of persons with disabilities. It notes the Government’s indication that a vocational rehabilitation programme is being implemented to provide vocational guidance and training to persons with disabilities and that in 2014 support at the workplace was introduced in order to provide more efficient and long-term integration into the labour market. According to the statistical information provided by the Government, the number of persons with disabilities who completed the programme decreased from 597 in 2012 to 379 in 2015, while the employment rate within six months after the completion of the programme remained stable (57 per cent in 2012 and 58 per cent in 2015). The Committee notes the Government’s indication that in 2015, the Equal Opportunities Ombudsperson carried out 23 investigations on discrimination based on disability, 6 of which referred to discrimination in employment. The Ombudsperson issued a recommendation to discontinue the actions violating equal rights in only 19 per cent of cases, while in other cases investigations or complaints were dismissed. The Committee notes, however, that in its last concluding observations the United Nations Committee on the Rights of Persons with Disabilities (CRPD) was “seriously concerned at the commonly applied concept of “working incapacity”, which resulted in a low employment rate among persons with disabilities, and recommended eliminating such concept, and developing and implementing efficient strategies and programmes aimed at increasing the employment of persons with disabilities”, in the open labour market, by eliminating segregated work environments and investing in promoting vocational training (CRPD/C/LTU/CO/1, 11 May 2016, paragraphs 51 and 52). In line with its comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee asks the Government to provide information on any measures taken, particularly within the framework of Law No. XII-2470 on Employment, the National Social Integration Programme of the Disabled Persons for 2013–19, and the Vocational Rehabilitation Programme, to promote vocational training and employment of persons with disabilities and to improve their access to the open labour market, and on the results achieved. The Government is requested to provide updated information on the number of persons with disabilities who have been granted “working incapacity”, as well as on the employment rate of persons with disabilities, disaggregated by sex and the work environment (segregated work environment or open labour market). The Committee asks the Government to continue to provide information on the number, nature and outcome of complaints regarding employment discrimination based on disability lodged with the Equal Opportunities Ombudsperson, as well as the remedies provided.

Article 1(2). Inherent requirements of the job. The Committee refers to its previous comments concerning state language requirements and requirements concerning religion or sex that by law are not deemed to be discrimination. With respect to the language requirement established by section 9 of Law No. VIII-1316 on Civil Service, 1999, the Government indicates that the level of state language required recruitment to the Civil Service differs according to the category of employment concerned and that representatives from national minorities have equal opportunities to enter the civil service. The Government adds that there are no examples of gender or religion requirements having been imposed as a requirement for a specific position in the Civil Service. Recalling that the concept of inherent requirements must be interpreted restrictively and on a case by case basis so as to avoid an undue limitation on the protection provided by the Convention, the Committee again asks the Government to 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 to provide statistical information on the number and position of persons from national minorities that have been recruited as civil servants since the adoption of the Civil Service Law. It once again asks the Government to 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, both in the public or private sectors, under national legislation or in practice.