Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention du travail maritime, 2006 (MLC, 2006) - Lituanie (Ratification: 2013)

Autre commentaire sur C186

Demande directe

2023
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2016

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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for Lithuania on 26 December 2020.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by Lithuania during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. The Committee notes that, in reply to its previous comment, the Government indicates that persons who “perform only temporary work on board that is unrelated to daily operations of a ship” cover specialists which have no signed agreement with the shipowner or with a representative of the shipowner (inter alia, pilots, inspectors, surveyors, auditors, superintendents, shore-based repair technicians and port workers); on the contrary, security guards of the ferries, who are employed by the shipowners, fall under the definition of seafarer. The Committee also notes the Government’s indication that the Lithuanian Transport Safety Administration has not received so far, any cases of doubt from shipowners’ and seafarers’ organizations as to whether any categories of persons are to be regarded as seafarers for the purpose of the Convention and therefore no consultations are required under Article II, paragraph 3, of the Convention. While noting this information, the Committee considers that, in order to avoid legal uncertainties as to the categories of persons covered by the Convention, clear criteria should be adopted to determine which are the categories of workers who “perform only temporary work on board that is unrelated to daily operations of a ship” and who are therefore not to be considered seafarers for the purpose of the Convention. The Committee accordingly requests the Government to adopt precise criteria to define the categories of workers not to be considered as seafarers for the purpose of the Convention, after consultations with the shipowners’ and seafarers’ organizations concerned as required by Article II, paragraph 3.

Article V. Enforcement. The Committee requested the Government to comment on the Lithuanian Seafarers Union (LSU) allegation that there is no sufficient regulation nor dissuasive sanctions in Lithuanian legislation to prevent the violation of the MLC, 2006. The Committee notes the Government’s indication that there have been no changes in the Code of Administrative Offences regarding the applicable penalties for the violation of labour legislation, including standards of living and working conditions on board Lithuanian flagged ships. The Committee also notes the Government’s reference to article 25 of the Law on Maritime Safety which authorizes the inspectors to detain a ship in port in specific cases related to, among others, minimum safe manning requirements, certificates of competence and marine safety requirements. The Committee requests the Government to indicate the specific additional measures adopted or envisaged to establish sanctions or impose corrective measures which are adequate to discourage violations of the requirements of the Convention, in conformity with Article V, paragraph 6.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, in reply to its previous comment, the Government states that: (1) Subparagraph 22.14 of the Description of the Procedure for Organizing the Recruitment, Work and Professional Training of Persons Under 18 Years of Age and the Conditions for Child Employment, approved by Resolution No. 518 of 28 June 2017 (Resolution No. 518), was amended on 15 April 2020 (Resolution No. 376) and no longer includes an exception for seafarers; (2) Resolution No. 1386 of the Government of the Republic of Lithuania of 3 September 2002 was abolished and thus the List of hazardous work is not valid from 1 May 2020; (3) the Description of the Procedure for Organising the Recruitment, Work and Professional Training of Persons under Eighteen Years of Age and the Conditions for Child Employment indicates the list of prohibited jobs (item 22 with sub-items), and the list of harmful or dangerous working environment factors (item 23 with sub-items) on which it is forbidden to appoint persons under the age of 18 to work or to train practically; social partners and stakeholders were consulted at the project stage of this legal act. While noting the above information the Committee requests the Government to clarify if the lists adopted under the Description of the Procedure for Organising the Recruitment, Work and Professional Training of Persons under Eighteen Years of Age and the Conditions for Child Employment, take into account the particularities of the work on board. It also requests the Government to provide the full body of the said Description, currently in force, with its next report.

Regulation 1.4 and Standard A1.4, paragraph 5. Recruitment and placement. Private services. Requirements. The Committee requested the Government to provide information on how it gives effect to Standard A1.4, paragraph 5(a), (b), (c)(ii), (iii) and (vi) and to respond to the observations of the LSU regarding failures to fully implement these requirements of the Convention. The Committee notes the Government’s indication that the Lithuanian Transport Safety Administration (LTSA), before attesting (licensing) companies for carrying out activities of seafarers’ recruitment and later supervising their activity, checks their compliance with all requirements of Standard A1.4. The Committee also notes the Government’s indication that the LTSA notes that pursuant to the articles 11 and 12 of the Law on Treaties of the Republic of Lithuania, the ratified and published international Conventions have the force of law and their provisions do not have to be transposed into national law. Recalling that section 39(11) of the Law on Maritime Safety does not cover all the requirements of the Convention, the Committee requests the Government to take the necessary measures to ensure legal certainty by reflecting in one same law the detailed requirements of Standard A1.4, paragraph 5.

The Committee further requested the Government to comment on the LSU’s observations in relation to the high number of licensed private agencies and the licensing system which makes obtaining licences very easy. The Committee notes the Government’s indication that in accordance with the established provisions of legal acts, only companies licensed and supervised by the LTSA can carry out seafarer recruitment activities in the Republic of Lithuania. LTSA provides licenses to companies that comply with requirements of paragraphs 38 and 39 (11) of the Law on Maritime Safety. The Committee refers to its comment on the previous paragraph.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee notes that, in reply to its previous comment and the observations of LSU, the Government refers to the provisions of the Labour Code providing for the obligation of the employer to inform the employee about the employment conditions prior to starting work, which however do not address the Committee’s specific request. Therefore, the Committee requests the Government to indicate the measures taken or envisaged to fully implement Standard A2.1, paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraph 1(d) and 2. Access to information about conditions of employment. The Committee notes that, in reply to its previous comment, the Government refers to the provisions of the Labour Code providing for the obligation of the employer to inform the employee about the employment conditions prior to starting work as well as to the Description of the Specific features of work and rest hours in the sectors of economic activities, approved by resolution No. 496 of the Government of the Republic of Lithuania 21 June 2017 “On the implementation of the Labour Code of the Republic of Lithuania”, which however do not address the Committee’s specific request. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure that clear information as to the conditions of their employment, including collective bargaining agreements, can be easily obtained on board by seafarers.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that, in reply to its previous request, the Government states that the boxes for comments on the conduct and ability included in the approved document for seafarer record of employment (provided by the Government) are left blank pursuant to the Order No. 2BE-282 regarding the approval of the rules for filling out the Seafarer’s book, adopted by the Director of Lithuanian Transport Safety Administration on 28 October 2021. While noting the Government’s reply, the Committee requests the Government to amend the format of the Seafarer’s book to be in full conformity with the requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and 4. Seafarers’ employment agreement. Signature of the seafarer and shipowner. Content. The Committee notes that, in reply to its previous request, the Government provides an updated model form of Seafarer’s Employment Agreement annexed to Resolution No. 513 of 28 June 2017 of the Government of the Republic of Lithuania. The Committee notes that the content of the new model form includes the elements required by Standard A2.1, paragraph 4. The Committee further notes that the model SEA refers to the signature of the employer and not of the shipowner. The Committee recalls in this regard the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention and the fact that under Standard A2.1, paragraph 1(a), every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee requests the Government to confirm whether the use of the model SEA is mandatory.The Committee further requests the Government to indicate the measures taken or envisaged to fully comply with Standards A2.1, paragraph 1(a), ensuring that in all cases SEAs are signed by the shipowner.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee requested the Government to take the necessary measures to ensure that the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons is taken into account, in accordance with Standard A2.1, paragraph 6. The Committee notes the Government’s reference to Article 88 of the Law on Merchant Shipping which mainly regulates the conditions of seafarers’ repatriation and therefore does not address the Committee’s specific request. Accordingly, the Committee reiterates its previous request.

Regulation 2.1 and 2.2 and Standard A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraphs 8, 9 and 14. Compensatory rest.Noting that the Government does not provide information on this point, the Committee requests the Government once again to indicate how it gives effect to the detailed requirements of Regulation 2.3 and Standard A2.3, paragraphs 8, 9 and 14.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes that, in reply to its previous comment, the Government refers to articles 127, 128 and 129 of the Labour Code of the Republic of Lithuania which gives effect to this requirement of the Convention. The Committee notes this information which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that, in response to its previous request, the Government refers to article 88 of the Law on Merchant Shipping and the model form of the seafarer’s employment agreement. The Committee notes however that article 88 of the Law on Merchant Shipping does not provide information on the precise entitlements to be accorded by shipowners for repatriation pursuant to Standard A2.5.1, paragraph 2(c), while it refers only to repatriation in the place of permanent residence of the seafarer. The Committee accordingly requests the Government to bring its legislation in conformity with this requirement of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee requested the Government to provide its comments on the LSU’s allegation that the financial security system required in Standard A2.5.2 is not in place and is just a mere declaration. The Committee notes the Government’s indication that in accordance with the established requirements of legal acts, ships flying the Lithuanian flag must have insurance that provides financial security to ensure that seafarers are repatriated as defined in Standard A2.5.2 and that there is no information indicating that these requirements are not being met. The Committee further notes the Government’s indication in relation to the implementation of the 2014 amendments to the code of the Convention that according to the requirements of the Law on Treaties of the Republic of Lithuania, articles 11 and 12, ratified and published Conventions have the force of law and their provisions do not have to be transposed into national law. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2).

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee requested the Government to indicate how it has given effect to Regulation 2.6 related to the compensation to which seafarers are entitled in the case of injury or unemployment arising from the ship’s loss or foundering. The Committee notes the Government’s reference to article 91 of the Law on Merchant Shipping, which however does not give effect to this requirement.The Committee accordingly requests the Government to amend its legislation to fully implement this requirement of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Various requirements. The Committee requested the Government to provide information on the implementation of Standard A3.1, paragraph 9(f)(iii) (floor area in sleeping rooms), Standard A3.1, paragraphs 14 (space on open deck) and 15 (ship’s offices).

The Committee notes with interest the Government’s indication that the Lithuanian Hygiene Standard HN 113-2001 “Ships. Hygiene Standards and Rules” was amended by Order No. V-250 of the Minister of Health of the Republic of Lithuania of 26 February 2019 regarding floor areas and the fact that mess rooms must be located apart from the sleeping rooms and as close as practicable to the galley. The Committee also notes the Government’s indication that it will adopt further clarification of Hygiene Standard HN 113-2001 requirements bringing them in full conformity with Standard A3.1. The Committee accordingly requests the Government to indicate the progress made to give effect to Standard A3.1, paragraphs 14 (space on open deck) and 15 (ship’s offices), to ensure full compliance with Regulation 3.1 and the Code.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee requested the Government to comment on LSU’s allegation that Order No. 510 of the Minister of Health of 25 November 1999 on the “approval of recommended daily nutrition and energy norms” serves only as a recommendation and has no special provisions for the seafarers. The Committee notes the Government’s indication that seafarers’ daily rations and food norms were adopted by Order No. V-516 of Minister of Health of the Republic of Lithuania on 22 April 2015. The Committee notes the Government’s indication that this Order sets out the minimum daily ration and dietary intake for a seafarer, taking into account the religious needs and cultural practices of seafarers in relation to food. The Committee takes note of this information which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. Dental care ashore. The Committee requested the Government to provide its comments on LSU’s allegation that, despite the legislation in force, the dental care in Lithuania is poor, not free of charge and the scope of emergency medical aid is very limited, meaning that in order to be eligible for emergency treatment, the person’s state of health has to threaten her/his life. The Committee notes the Government’s indication that seafarers working on ships flying the Lithuanian flag, like other employees, are covered by the compulsory health insurance and that persons covered by the compulsory health insurance are entitled to free of charge primary dental care services, listed in the Order No. V-483 of the Minister of Health of the Republic of Lithuania of 23 May 2008 on the Approval of the Scope (Composition) of Primary Dental Care (Assistance) Services Reimbursed from the Budget of the Compulsory Health Insurance Fund. While noting this information, the Committee requests the Government to respond to the observations of the LSU on the problems related to the implementation in practice of this legislation.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. The Committee notes that, in reply to its previous comment, the Government indicates that the Minimum requirements for the provision of medical care on board ships, approved by Order No. V-656/3-358/A1-226 of the Minister of Health, the Minister of Social Security and Labour and the Minister of Transport and Communications, will be amended. The Committee accordingly requests the Government to indicate the progress made to fully comply with Standard A4.1, paragraph 4(b) of the Convention.

Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s indication, in reply to its previous comment, that pursuant to article 88, paragraphs 7 and 8 of the Law on Merchant Shipping of the Republic of Lithuania, the shipowner must have placed appropriate security relating to possible cases of liability prescribed by national or international legislative acts, issued by a P&I association, member of the IG Group of P&I Clubs, a bank or other entity that is entitled to a business of securing the discharge of obligations. The Committee also notes the Government’s indication than pursuant to Article 91 of the Law on Merchant Shipping of the Republic of Lithuania, shipowners must ensure the implementation of the requirements for maritime labour set out in the international treaties and legal acts of the Republic of Lithuania on board a ship, therefore ships which are required to have a Maritime Labour Certificate must carry on board a certificate of the insurance or the other financial security. While noting this information, the Committee recalls that pursuant to Standard A4.2.1, paragraphs 8–14 and Standard A4.2.2, national laws and regulations shall provide that the financial security system meets certain minimum requirements which apply to all ships covered by the Convention and not only to those which must carry a Maritime Labour Certificate. The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A4.2.1, paragraphs 8–14 and Standard A4.2.2 and to provide replies to the relevant questions mentioned in its previous Request.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee notes that, in reply to its previous request, the Government once again refers to the provisions of the Law on Safety and Health at Work and to the Order 216 of the Minister of Transport and Communications of the Republic of Lithuania of 29 June 2001 “On the approval of general rules on the occupational safety on board”. Recalling that Regulation 4.3, paragraph 2, provides that national guidelines for the management of occupational safety and health on board shall be developed and promulgated after consultation with representative shipowners’ and seafarers’ organization, the Committeerequests the Government to take the necessary measures to comply with this requirement of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requested the Government to provide information on the measures taken to implement Regulation 4.4 and the Code as well as its comments on LSU’s allegation that while the seafarers’ welfare services have been organized and provided by the LSU assisted by the International Transport Workers’ Federation (ITF) Welfare Fund, the Government (Klaipeda State Seaport Authority) only marginally contributes to the funding. The Committee notes the Government’s indication that (1) a Seafarers Welfare Board was established by the order No. 3-323-(E) of the Minister of Transport and Communications in 2014 (as amended by order No. 3-363, 2021-07-21), which is responsible for the welfare of seafarers; (2) welfare facilities in Klaipeda port and city are accessible to all seafarers; (3) pursuant to Article 4, Part 2 of the Law on Merchant Shipping of the Republic of Lithuania and Clause 16 of Article 11 of the Klaipėda State Seaport Law of the Republic of Lithuania, the Minister of Transport and Communications has approved the Provisions of the Seamen’s Welfare Council in Lithuania. This Council, in charge of the welfare of seafarers, is composed of representatives of all interest in the maritime sector. The Committee takes note of this information and requests the Government to provide information on any developments regarding seafarer welfare facilities in its ports.

Regulation 4.5 and the Code. Social security. The Committee requested the Government to comment on the LSU’s observations that as a result of recent amendments to the law, seafarers working on board ships flying a foreign flag, including citizens, are denied access to the State Social Insurance Fund and are forced to choose a private fund. In the absence of a Government’s response on this issue, the Committee reiterates its request. The Committee further notes that, in reply to its previous comment, the Government provides information on a number of bilateral social security agreements. The Government also indicates that seafarers ordinarily resident in Lithuania who work on a foreign flagged vessel outside the European Union and outside the countries with which bilateral social security agreements were concluded, are covered by the legislation of the foreign country. As Lithuanian residents, they will have to pay a compulsory health insurance contribution. The Committee requests the Government to indicate if currently there are seafarers who fall into that situation and, if that is the case, to inform about the measures taken or envisaged to ensure that those seafarers are entitled to social security benefits in accordance with the Convention.

The Committee further requested the Government to provide its comments on LSU’s observations regarding the “daily allowance” – which forms up to 50 per cent of the seafarers’ income – but is not taken into account when calculating social benefits. The Committee takes note of the Government’s indication that (1) the daily allowance issue is currently under discussion since a consensus should be achieved between many different interests’ groups including seafarers, shipowners, ministries, and seafarers’ unions, (2) under the initiative of the Minister of Transport and Communications, the Advisory Council of the Maritime Transport Sector, consisting of representatives of Lithuanian shipowners, seafarers, Klaipėda State Seaport Directorate and various other shipping interests participating in the formation and implementation of maritime policy, resumed its activities in 2021 and it is expected to facilitate the discussion on the daily allowance issue. The Committee requests the Government to provide information on the progress of the relevant consultations.

Regulation 5.1.6 and the Code. Marine casualties. The Committee notes that, in reply to its previous comment, the Government refers to Article 48 of the Law on Maritime Safety and Order No. 1R-386 regarding the approval of the description of the procedure for the safety investigation of ship accidents and incidents adopted by the Minister of Justice of the Republic of Lithuania on 30 December 2015 as amended. The Committee also notes that Order No. 3-461 “On approval of the regulations on safety investigations into marine casualties and incidents” of 29 July 2011 was amended on 29 January 2016 (version of the Order No. of the Minister of Transport and Communications of the Republic of Lithuania of No. 3-28(1.5E)). The Committee notes this information, which addresses its previous request.