CONFERENCE ON ACCESSION Brussels, 24 July 2000
TO THE EUROPEAN UNION
- LITHUANIA - CONF-LT 31/00
POSITION PAPER OF THE REPUBLIC OF LITHUANIA
ON CHAPTER 13
SOCIAL POLICY AND EMPLOYMENT
I. GENERAL STATEMENT
The Republic of Lithuania considers 1 January 2004 the date when it shall be ready to assume the obligations of EU membership.
The Republic of Lithuania accepts in full the acquis concerning Social Policy and Employment.
The Republic of Lithuania will be ready to fully implement the acquis in this Chapter from the date of accession to the European Union.
The Republic of Lithuania does not request transitional periods or derogation in this Chapter.
II. LEGAL BACKGROUND
1. Labour Law
The Labour Law acquis is comprised of 15 ECU directives: 98/59/EC, 77/187/EEC, 98/50/EC, 80/987/EEC, 91/533/EEC, 94/45/EC, 96/71/EC, 97/74/EC, 97/81/EC, 91/383/EEC, 93/104/EC, 94/33/EC, 98/23/EC, 1999/63/EC, 1999/70/EC.
The basic principles of the Labour Law in Lithuania are laid down in:
the 1991 Law on the Employment Contract, the 1991 Law on Wages, the 1991 Law on Holidays, the 1991 Law on Collective Agreements and Collective Labour Agreements, the 1993 Law on Labour Protection, the 1990 Law on the Support of the Unemployed, the 1991 Law on the Trade Unions, the 1992 Law on Regulation of Collective Disputes, the 1997 Law on Bankruptcy of Enterprises, 1998 Collective Redundancies and Redundancies Prevention Procedure, other laws and acts of subordinate legislation as well as in the amendments and supplements to the aforementioned laws enacted in later years.
In 2000-2001 the following legal acts are scheduled for enactment and also to entery into force: the Labour Code; the Law on Safety and Health at Work; the Law on Guarantee Fund; the Law on the Amendments to the Law on Collective Agreements and Collective Labour Agreements. A number of other laws and acts of subordinate legislation elaborating on the provisions of the aforementioned laws are also to be enacted and implemented.
The pProvisions of the Directive 98/59/EC are, in principle, are transposed in the Law on the Support of the Unemployed and the Collective Redundancies and Redundancies Prevention Procedure, on 10 July 1998 approved by the Order No. 118 of the Minister of Social Security and Labour, the Law on the Employment Contract, the Law on Collective Agreements and Collective Labour Agreements, the lLaw on the Trade
Unions and the Law on Regulation of Collective Disputes. The enactment of the new Labour Code will mean that legislation of the Republic of Lithuania has achievesd full alignment with the provisions of the Directive.
The Pprovisions of the Directive 77/187/EEC and its amending Directive 98/50/EC, are transposed into the Law on the Trade Unions, the Law on the Employment Contract, the Law on Collective Agreements and Collective Labour Agreements, the Law on Bankruptcy of Enterprises and other legal acts regulating activity of different types, relevant articles of Civil Code. The new Labour Code will fully transpose these provisions.
The Pprovisions of the Directive 80/987/EEC are partly transposed in the following legal acts: Activity Regulations on the Fund For Satisfaction Of Claims Of Employees Of Bankrupting Or Bankrupt Enterprises Related To Labour Relations, on 11 August 1997 approved by the Government of the Republic of Lithuania by its Resolution No. 902; the Law on Bankruptcy of Enterprises, the 1991 law on the State Social Insurance, the 1994 law on the State Social Insurance Pensions. In July 2000 The Government expressed its approval on the Law on Guarantee Fund which, when adopted in the Seimas, will fully transpose these provisions.
The Pprovisions of the Directive 91/533/EEC are partly transposed in the Law on the Employment Contract, the Law on Holidays, the Law on Labour Protection, Governmental Resolution No. 613 on Business Trip to Abroad adopted on 28 April 1995. The new Labour Code will fully transpose these provisions.
The Pprovisions of the Directive 94/45/EC and its amending Directive 97/74/EC, are transposed by concluding international agreements regulating activity of trans-national enterprises. The new Labour Code will fully transpose these provisions.
The provisions of Directive 96/71/EC areis implemented by the 1998 Law on Legal Status of Foreigners, the Law on Labour Protection, the Law on Holidays, the Law on Wages, the Law on the Employment Contract, the 1998 Law on the Equal Opportunities, the Law on Collective Agreements and Collective Labour Agreements, also by concluding and implementing bilateral international agreements on mutual employment of nationals. The new Labour Code will fully transpose these provisions.
The Pprovisions of the Directive 97/81/EC and its amending Directive 98/23/EC, are partly transposed into the Law on Labour Protection and Order of Determination of Part-time Day or Week Working Time. The new Labour Code and the Law on Safety and Health at Work will fully transpose these provisions.
The Pprovisions of the Directive 91/383/EEC are partly transposed in the Law on Labour Protection and the Law on the Employment Contract. The new Labour Code and the Law on Safety and Health at Work will fully transpose these provisions.
The Pprovisions of the Directive 93/104/EC are partly transposed in the Law on Labour Protection, the Law on Wages and the Law on Holidays. The new Labour Code and the Law on Safety and Health at Work will fully transpose these provisions.
The Pprovisions of the Directive 94/33/EC are partly transposed in the Law on Labour Protection and Resolution No. 1055 on "List of Works Prohibited to be Performed by and List of Hazardous and Dangerous Factors for Persons Under 18, Work Conditions and Regulations of Employment of Persons bBetween 13 and 14, bBetween 14 and 16 and bBetween 16 and 18" of the Government of the Republic of Lithuania dated of 11 September 11, 1996. The new Labour Code and the Law on Safety and Health at Work will fully transpose these provisions.
The Pprovisions of the Directive 1999/63/EC are transposed in the Law on Labour Protection, the Law on Wages and the Law on Holidays, Resolution No. 248 on Particularities of Work and Rest Regimes in Certain Economic Branches, Order on Permissions to Introduce Summarised Account of Working Time, List of Works Where Can Be Applicable Working Period (Shift) Longer than 12 Hours per Day, of the Government of the Republic of Lithuania dated 20 February 1996. The new Labour Code will fully transpose these provisions.
The Pprovisions of the Directive 1999/70/EC are partly transposed in the Law on the Employment Contract. The new Labour Code will fully transpose these provisions.
The enactment of the above legal acts (during 2000-2001) will signify that Lithuania has achieved full alignment of its legislation with the labour law acquis.
2. Social Dialogue
2 ECU Decisions constitute the Social dialogue acquis: 98/500/EC and 99/207/EC.
The development of social dialogue in Lithuania has been attained through continuous improvement of the legal framework and the creation of appropriate institutional structures:
the sequence of enactment of relevant laws and establishment of institutional structures: the Law on the Trade Unions was enacted in 1991; the Law on the Regulation of Collective Disputes - in 1992; the Commission on Labour Protection of the Republic of Lithuania was set up in 1994, the Tripartite Board of the Republic of Lithuania was established and its Activity Regulations were approved in 1995; the Secretariat of the Tripartite Board of the Republic of Lithuania under the Ministry of Social Security and Labour was established in 1998; the Employment Board under the Ministry of Social Security and Labour was set up in 1996.
The above tripartite principle has also been chosen for the establishment and functioning of the State Social Insurance Council, the Council of the Fund for the Satisfaction of the Employment-related Claims of the Employees of Enterprises on the Verge of Bankruptcy and Bankrupt Enterprises, the Compulsory Health Insurance Council, the Commission of Tripartite Consultations for the Implementation of International Labour Standards, tripartite commissions at labour exchanges, the Experts Board under the Lithuanian Labour Market Training Authority.
Social dialogue, especially bipartite one, is strengthened in three directions:
· elaboration of a new Labour Code, which will provide for a new and stable legal framework for labour relations (individual and collective), incorporating the relevant acquis;
· development of social dialogue institutions on national as well as on regional levels;
· organisation of seminars and training aimed toat developing the capacity of the social partners to negotiate, prepare and implement bipartite agreements, as well as to improve their acquaintance and understanding of the EU experience in the area of social dialogue.
The Republic of Lithuania will be ready to implement the decisions in the sphere of social dialogue as from the day of accession to the EU.
3. Equality of Treatment for Men and Women.
The equal treatment acquis comprises 9 Directives: 75/117/EEC, 76/207/EEC, 79/7/EEC, 86/613/EEC, 86/378/EEC, 92/85/EEC, 96/34/EEC, 97/80/EEC, 79/9/EEC, 98/52/EEC as well as 2 Decisions: 82/43/EEC, 95/593/EC.
Basically, the legislation of the Republic of Lithuania guarantees equal rights for women and men. Basically, the legislation of the Republic of Lithuania guarantees equal rights for women and men. The Law on the Equal Opportunities was enacted in 1998 (enteringcame into force as of 1 March 1999). The principle of equal opportunities is laid down in the provisions of other laws as well, among them in the Law on the Employment Contract, the Law on Holidays, the Law on Labour Protection, the Law on Wages, the Law on the Support of the Unemployed, the Law on Vocational Education and Training, the Law on State Benefits to Families Bringing up Children, the Law on the State Social Insurance, the Law on State Social Insurance Pensions, etc.
All legislation of the Republic of Lithuania in the area of equal opportunities of women and men will be aligned with the acquis by 2002. Lithuania is ready to apply the equal opportunities directives and decisions from the day of accession to the EU.
4. Fight Against Racism
The acquis in the sphere of fight against racism consists of 1 Council Regulation (1035/97).
The Republic of Lithuania, having ratified, in 1993, the European Convention for the Protection of Human Rights and Fundamental Freedoms and, in 1998, - the International Convention on the Elimination of all Forms of Racial Discrimination, is ready to actively participate in the activities of the European Monitoring Centre on Racism and Xenophobia and in the activities of the European Union directed against racism and xenophobia.
Discrimination of people on sexual, racial, grounds, on the grounds of language, colour, religion, political and other convictions is prohibited under Article 29 of the Constitution and other laws of the Republic of Lithuania. The Criminal Code of the Republic of Lithuania contains liability clauses against providing for liability for the preferential treatment of persons on grounds of race or nationality. It is a criminal offence to incite national or racial hatred. Intentional actions aimed at instigating racial harassment and racially or ethnically motivated violence are prohibited under law.
The Republic of Lithuania will be able to implement the related acquis from the date of accession.
5. Employment
The employment acquis comprises 4 Decisions: 1006/92/ECSCS, 97/16/EC, 98/171/EC, 75/782/ECSC.
Increasing employment is a priority social and economic objective of the Government of the Republic of Lithuania. There are no material obstacles in the legislation of the Republic of Lithuania which could preclude Lithuania from participating in the single European Employment Strategy co-ordination process, provided for in 1997 by the Amsterdam Treaty, or from implementing the measures set forth in the ECU Resolutions (the reference is to the Commission’s annual Employment Guidelines, as then adopted by the Council????)regarding the trends of employment in separate years.
The principal legal acts of the Republic of Lithuania regulating the sphere of employment are those listed below:
the Law on the Support of the Unemployed, the Law on the Equal Opportunities, the Law on Vocational Education and Training, the Law on the Employment Contract, the Law on the Social Integration of the Disabled, the Law on Individual Income Security.
The above laws are being amended and supplemented having regard to the ever changing market economy and labour market demand, also the international experience (first of all that of the EU member states). (How boring. The Government actually approved such a worthless paragraph??? Delete!!!)
The aAttainment of the immediate employment and labour market policy objectives, will be provided for when drawing up the annual tasks to be pursued in their activities by the labour market institutions, also when drafting the Long-term State Programme for the Promotion of Job Creation and the National Employment Action Plan for 2000-2002 (NAP) which is based on the ECU Resolutions regarding the Employment Guidelines for 1998, and the employment and labour market policy provisions of the Lithuanian Government Programme for 1999-2000.
The Republic of Lithuania will be ready to implement the provisions of the above Decisions from the date of accession.
6. European Social Fund
The related acquis is comprised of 4 Regulations: 2396/71, 2893/77, 1260/1999, 1784/1999.
The Republic of Lithuania will implement the appropriate measures required in order to get ready to participate in the activities of the EU activities of the EU sSStructural fFunds/ESF: the institutions governing(institutions which govern the labour market??? The labour market is governed by law, not by an institution???) the labour market will be reorganised in the near future, adapting them to the new goals and objectives of employment policy, enhancing their organisational and co-ordinating role vis-a-visvis-à-vis other social partners of the labour market.
The National Employment Action Plan for 2000-2002 which took into account the ECU Employment Guidelines, foresees five employment guidelines: development of job places system (developing entrepreneurship); improving employability; encouraging adaptability to structural changes; increasing equal opportunities in labour market; integration of employment policy. Measures foreseen according to each guideline will be implemented. In this process, measures will be differentiated by levels of employment and labour market policy management (central (state), regional (county),
and local), by social demographical groups of population. Relevant measures will provide for a capacity at all levels to participate in activity of the European Social Fund.