3
TWELTH REPORT OF THE REPUBLIC OF LITHUANIA
FOR THE ACCEPTED PROVISIONS CONCERNING
THE EUROPEAN SOCIAL CHARTER
THEMATIC {0>4 GRUPEI „VAIKAI, ŠEIMOS, MIGRANTAI“ PRIKLAUSANČIUS STRAIPSNIUS:<}0{>GROUP "CHILDREN, FAMILIES, MIGRANTS"
ARTICLES 7, 8, 16, 17, 19 (Paragraphs 1, 3, 5, 7, 9-11), 27, 31 (Paragraphs 1 and 2)
AND
GROUP “HEALTH, SOCIAL SECURITY AND SOCIAL PROTECTION”
ARTICLE 11 (Paragraph 2)
Reference period: 1 January 2010 – 31 December 2013
Vilnius
2014
Content
ACRONYMS USED IN THE REPORT: 3
Article 7 – The right of children and young persons to protection 4
Article 7&1 4
Article 7§2 7
Article 7§3 8
Article 7§4 9
Article 7§5 10
Article 7§6 12
Article 7§7 13
Article 7§8 14
Article 7§9 15
Article 7§10 16
Article 8 – The right of employed women to protection 17
Article 8§1 17
Article 8§2 19
Article 8§3 21
Article 8§4 22
Article 8§5 23
Article 16 – The right of the family to social, legal and economic protection 24
Article 17 – The right of children and young persons to social, legal and economic protection 32
Article 17§1 32
Article 17§2 35
Article 19 – The right of migrant workers and their families to protection and assistance 36
Article 19§1 36
Article 19§3 39
Article 19§5 40
Article 19§7 41
Article 19§9 42
Article 19§10 43
Article 19§11 44
Article 27 – The right of workers with family responsibilities to equal opportunities and equal treatment 45
Article 27§1 45
Article 27§2 49
Article 27§3 50
Article 31 – The right to housing 51
Article 31§1 51
Article 31§2 53
Article 11 – The right to protection of health 54
Article 11§2 54
ACRONYMS USED IN THE REPORT:
BSB – basic social benefit
CiC − Civil Code of the Republic of Lithuania
CiPC − Civil Procedure Code of the Republic of Lithuania
LC − Labour Code of the Republic of Lithuania
LPS − Law on Public Service of the Republic of Lithuania
MMW − Minimum Monthly Wage
NHIF − the National Health Insurance Fund under the Ministry of Health
SAC – specialised assistance centres
State Labour Inspectorate – State Labour Inspectorate under the Ministry of Social Security and Labour of the Republic of Lithuania
SSI – state supported income
Article 7 – The right of children and young persons to protection
Article 7&1
There were no essential changes.
Table 7.1.1. Data about working persons aged 15-17, thousands
Persons aged 15-17 by age / 2010 / 2011 / 2012 / 2013Boys / 2.6 (2,2%) / 2,8 (2,6%) / 2,8 (2,8%) / 4,4 (4,7%)
Girls / 1,5
(1,4%) / 1,6 (1,5%) / 2,0 (2,1%) / 2,3 (2,5%)
Total / 4,1 (1,8%) / 4,4 (2,1%) / 4,9 (2,5%) / 6,7 (3,7%)
Data of the Statistics Lithuania
Table 7.1.2. Persons who have worked illegally
Year / Number of persons under18 detected as working illegally / Number of persons under18 detected as working illegally:in enterprises / in farmers’ farms / for natural persons
2010 / 11 / 6 / 3 / 2
2011 / 26 / 13 / 1 / 12
2012 / 26 / 22 / 4 / 0
2013 / 7 / 5 / 0 / 2
Table 7.1.3. Persons under the age of eighteen who have worked illegally by sectors of activity:
Activity sector / 2010 / 2011 / 2012 / 2013Agriculture / 3 / 1 / 17 / 3
Manufacturing / 1 / 1 / 1 / 0
Construction / 1 / 6 / 1 / 2
Car repair (sale, maintenance, repair and petrol stations) / 0 / 0 / 0 / 0
Wholesale and retail trade / 0 / 1 / 0 / 1
Accommodation and food services activities / 4 / 2 / 1 / 1
Transport, warehousing and communication / 0 / 0 / 2 / 0
Real estate, renting and other business activities / 0 / 0 / 0 / 0
Professional, scientific and technical activities / 0 / 3 / 0 / 0
Other community, social and personal service activities / 0 / 0 / 0 / 0
Other activity sectors / 2 / 12 / 4 / 0
Table 7.1.4. Distribution of persons under the age of eighteen who have worked illegally by gender, place of illegal work and age
Violations with respect to the illegal work of minors2010 / 2011 / 2012 / 2013
Total / 11 / 26 / 26 / 7
Boys / 7 / 19 / 17 / 5
Girls / 4 / 7 / 9 / 2
Town / 7 / 16 / 7 / 3
Village / 4 / 10 / 19 / 4
Age groups, years
14−15 / 2 / 4 / 4 / 3
16−17 / 9 / 22 / 22 / 4
Table 7.1.5.
Indicator / 2010 / 2011 / 2012 / 2013The number of objects employing young persons inspected / 149 / 175 / 113 / 141
The number of young persons (aged 14-18) working in inspected objects, in total / 683 / 664 / 322 / 687
including children (aged 14-16) / 61 / 56 / 25 / 28
Number of cases of detected violations of employment of young persons and/or violations of safety and health guarantees / 13 / 4 / 1 / 0
The number of violations detected, total
The number of employees working without a labour contract detected (cases/persons) / 7/11 / 22/26 / 10/26 / 5/7
15 – Food and beverage production / 4 / 3 / 0 / 1
20 – Production of timber and wood-based products (total) / 1 / 2 / 1 / 0
22 – Publishing, printing and related services (total) / 0 / 0 / 0 / 0
26 - Manufacture of other non-metallic mineral products / 0 / 0 / 0 / 0
45 – Construction (total) / 1 / 5 / 1 / 2
50 – Car repair / 0 / 0 / 0 / 0
52 - Trade / 0 / 3 / 0 / 1
Table 7.1.6. Information about Control of Work Performed by Minors
No. / Data / Total / 2010 / 2011 / 2012 / 2013 /1. / The number of notifications received about employment of minors / 761 / 112 / 208 / 244 / 197
Including in enterprises by types of economic activity
1.1 / Agriculture, forestry and fishing / 42 / 3 / 3 / 20 / 16
1.2 / Manufacturing / 82 / 13 / 24 / 19 / 26
1.3 / Water supply, sewage, waste management and remediation activities / 4 / 0 / 1 / 2 / 1
1.4 / construction / 67 / 26 / 18 / 17 / 6
1.5. / Wholesale and retail trade; repair of motor vehicles and motorcycles / 239 / 40 / 58 / 63 / 78
1.6 / Accommodation and food service activities / 35 / 6 / 7 / 12 / 10
1.7 / Administration and support service activities / 21 / 3 / 6 / 2 / 10
1.8 / Public administration and defence; compulsory social security / 69 / 9 / 29 / 17 / 14
1.9 / education / 7 / 1 / 0 / 0 / 6
1.10 / other / 195 / 11 / 62 / 92 / 30
2. / Measures applied (with respect to the detected violations of minors’ work for 32 weeks)
2.1 / Number of drawn up official reports of administrative law violations / 38 / 6 / 16 / 10 / 6
2.1.1 / Including with respect to CALV Article 41(3). / 36 / 6 / 16 / 10 / 4
2.2 / Number of fines imposed with respect to administrative law violations / 29 / 3 / 11 / 10 / 5
2.3 / The amount of fines imposed, LTL / 72225 / 4500 / 30075 / 25100 / 12550
3. / Cases of illegal work (minors) / 44 / 7 / 22 / 10 / 5
4. / The number of detected illegally working minors / 70 / 11 / 26 / 26 / 7
Table 7.1.7. Violations by Sub-Groups of Violations
Violation group (subgroup) code / Name of violation group (subgroup) / 1 January 2010 –31 December 2013
104 / ALLOWANCES AND GUARANTEES TO YOUNG PERSONS / 18
1041 / Labour contract / 0
1042 / Work time / 3
1043 / Rest time / 2
1044 / Study visits / 1
1045 / Contract of full material liability / 0
1046 / Another type from this group, not mentioned before / 12
215 / YOUNG PERSONS’ WORK / 2
2151 / Child labour / 0
2152 / Work conditions of young persons, works prohibited to be performed by them / 1
2153 / Provision of information to young persons about possible hazards and means to avoid them / 0
2154 / Another type from this group, not mentioned before / 1
Article 7§2
There were no essential changes.
Article 7§3
The Government of the Republic of Lithuania adopted amendments to the Resolution No 138 of 29-01-2003. From 1st of May 2014 children under age 16 shall be guaranteed 14 consecutive calendar days rest during school summer holidays. Children are given not less than 14 consecutive calendar days of annual leave or unpaid leave during school summer holidays, if s/he works all school summer vacation.
Children of the age of 14 are allowed to preform light work in the sphere of culture, arts, sports, advertising, trade, accommodation and food services, information and communication, financial and insurance, administration and service, household, agricultural fields, if one of the parents or another child's legal representative has given the written consent and his/her physician has issued certificate that the child is suitable to perform such work.
Article 7§4
There were no essential changes.
Responses to the questions and conclusions of the European Committee of Social Rights:
The Committee asks that next report provide updated information on the situation in practice in relation to working time for young workers.
In 2010 the State Labour Inspectorate under the Ministry of Social Security and Labour of the Republic of Lithuania (hereinafter referred to as the “State Labour Inspectorate”) identified 4 violations of work and rest time, in 2011 there were 2, in 2012 - 1 and in 2013 - 2 violations.
Article 7§5
In Lithuania minimum rates of pay apply to all employees including minors. There have been some legislative changes in the reference period. The Government of the Republic of Lithuania, taking into account 24 April 2012 recommendation of the Tripartite Council of the Republic of Lithuania and 2010 conclusion of European Committee of Social Rights, approved the minimum monthly wage amounting to LTL 850 (hereinafter referred to as the “MMW”) (increased by 6.25 percent as compared with the previous MMW) on 1 August 2012 and the minimum hourly rate amounting to LTL 5.15. The decision was made after evaluation of the economic situation in the country, the financial possibilities of the State budget and municipal budgets and employers, in particular, small employers, to pay higher minimum monthly wage.
Paragraph 85 of the Programme of the Government of the Republic of Lithuania for 2012-2016 sets out that as the economy recovers, the wages of employees of the public sector, budgetary institutions, the national minimum wage shall be consistently increased seeking to converge it with 50 percent of the average wage. Following the afore-mentioned provisions and 18 December 2012 recommendation of the Tripartite Council of the Republic of Lithuania, since 1 January 2013 the Government of the Republic of Lithuania approved the MMW amounting to LTL 1,000 (increased by 17.65 percent as compared with the previous MMW) and the minimum hourly rate amounting to LTL 6.06. The Government of the Republic of Lithuania on 1 October 2014 approved the minimum monthly wage amounting to LTL 1035 (increased by 3.5 percent as compared with the previous MMW) and the minimum hourly rate amounting to LTL 6.27.
During the reference period State Labour Inspectorate did not identify any violations concerning payment of minimum wage to minors.
Responses to the questions and conclusions of the European Committee of Social Rights:
The Committee asks that next report provide the net minimum wage and the net average wage for the reference period.
Table 7.5.1.
Period / Net minimum monthly wageLTL / EUR
01.01.2010 – 30.07.2012 / 678,5 / 196,5
01.08.2012 – 31.12.2012 / 715 / 207,1
01.01.2013 – 30.09.2014 / 824,5 / 238,8
01.10.2014 – 31.12.2014 / 870,73 / 252,18
Table 7.5.2.
Period / Net average monthly wageLTL / EUR
2010 / 1 552,4 / 449,6
2011 / 1 594,6 / 461,8
2012 / 1 651,4 / 478,3
2013 / 1 730,3 / 501,1
2014 (third quarter) / 1 868 / 541
Since 2009 the ratio between net MMW and net average monthly wage has improved. In 2010 MMW amounted 43,7 % of the net average monthly wage, in 2011 MMW amounted 42,6 % of the net average monthly wage, in 2012 MMW amounted 42 % of the net average monthly wage, in 2013 MMW amounted 47,7 % of the net average monthly wage. In the third quarter of 2014 MMW amounted 44,13 % of the net average monthly wage.
Article 7§6
There were no essential changes.
Article 7§7
There were no essential changes. During the reference period the State Labour Inspectorate did not identify any violations of paid annual holiday for employees under 18.
Article 7§8
There were no essential changes. The State Labour Inspectorate in 2010 identified 2 violations when persons under 18 performed work at night. During 2011 – 2013 no violations of working at night were detected.
Article 7§9
There were no essential changes. In 2010 The State Labour Inspectorate identified 7 violations concerning absence of health checks, in 2011 there were 11, in 2012 - 2 violations and in 2013 no violations were identified.
Article 7§10
There were no essential changes.
Article 8 – The right of employed women to protection
Article 8§1
The right to maternity leave
Women are entitled to 70 daysleave before the birth and 56 days following the birth.There is no compulsory postnatal maternity leave.
Responses to the questions and conclusions of the European Committee of Social Rights:
The Committee asks what legal safeguards exist to avoid any undue pressure from employers to shorten their maternity leave. It also asks whether there is an agreement with social partners on the question of postnatal leave that protects the free choice of women, and whether collective agreements offer additional protection. In addition, it asks for information on the general legal framework surrounding maternity (for instance, whether there is a parental leave system whereby either parents can take paid leave at the end of the maternity leave). Until it has all the relevant information, it reserves its position on the matter.