1
RAŠTAS
LIETUVOS RESPUBLIKOS SOCIALINĖS APSAUGOS IR DARBO MINISTERIJA
MINISTRY OF SOCIAL SECURITY AND LABOUR
REPUBLIC OF LITHUANIA
International Labour Standards DepartmentInternational Labour Office
4, route des Morillons
CH-1211 GENEVE 22 / Nr. (29.5-61) SD -
REF. ILO: ACD 8-0 (2010)
1
Article 22 of the Constitution of the ILO
Report for the period ending 1 June 2010
made by the Government of the Republic of Lithuania
on the
Merchant Shipping (Minimum Standards) Convention and its Protocol, 1976 (No. 147)
I. Order No.V-656/3-358/A1-226 “On the Approval of the Minimum Requirements for the Health Promotion Activity on ships” of the Minister of Health of the Republic of Lithuania, the Minister of Transport and Communications of the Republic of Lithuania and the Minister of Social Security and Labour of the Republic of Lithuania of 16 August 2005 (Official Gazette, 2005, No. 101-3768);
Maritime Shipping Law of the Republic of Lithuania (Official Gazette, 1996, Nr. 101-2300);
Peculiarities of Work and Rest Periods in the Fields of Economic Activities approved by Resolution of the Government of the Republic of Lithuania of 14 May 2003 (Official Gazette, 2003, No. 48-2120);
General Regulations for Safe and Healthy Working Conditions in Fishing Vessels approved by Order No.55/262/285 of the Minister of Social Security and Labour of the Republic of Lithuania, the Minister of Health of the Republic of Lithuania and the Minister of Agriculture of the Republic of Lithuania of 29 June 1999 (Official Gazette, 1999, No. 59-1940).
Labour Code of the Republic of Lithuania;
Code of Administrative Violations of the Republic of Lithuania;
Law of the Republic of Lithuania on Safety and Health at Work;
Law of the Republic of Lithuania on the State Labour Inspection (Official Gazette, 2003, No. 102-4585);
Resolution No.1118 “On the Approval of the Regulations for the Investigation of and Accounting for Occupational Accidents” of the Government of the Republic of Lithuania of 2 September 2004 (Official Gazette, 2004, No. 136-4945);
Law of the Republic of Lithuania on State Social Security (Official Gazette, 1991, No. 17-447; 2004, No. 171-6295);
Law of the Republic of Lithuania on Sickness and Maternity Social Insurance (Official Gazette, 2000, No. 111-3574);
Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases (Official Gazette, 1999, No. 110-3207; 2003, No. 114-5114);
Law of the Republic of Lithuania on Unemployment Social Insurance (Official Gazette, 2004, No. 4-26);
Law of the Republic of Lithuania on State Social Insurance Pensions (Official Gazette, 1994, No. 59-1153; 2005, No. 2555);
Law of the Republic of Lithuania on Payment of a Part of State Social Insurance Old-Age and Disability Pensions (Official Gazette, 2007, No. 120-4880)
II.This Convention is mandatory, since it is a composite part of the legal system of the Republic of Lithuania. Para 3 of Article 138 of the Constitution of the Republic of Lithuania stipulates that international agreements ratified by the Seimas of the Republic of Lithuania, are a composite part of the legal system of the Republic of Lithuania“, whereas para 1 of Article 11 of the Law (Official Gazette, 1999, No 60-1948) on International Agreements of the Republic of Lithuania, promulgates that valid international agreements of the Republic of Lithuania are mandatory in the Republic of Lithuania. Pursuant to para 2 of this Article, “if a valid ratified international agreement of the Republic of Lithuania establishes other norms than those laid down in the laws and other legal acts of the Republic of Lithuania valid during the period of conclusion of this agreement, or laws which came into effect after this agreement became operational, provisions of an international agreement of the Republic of Lithuania shall be applied”.
Pursuant to para 1 of Article 8 of the Labour Code of the Republic of Lithuania (Official Gazette, 2002, No 64-2569) (hereinafter referred to as LC), „where international agreements of the Republic of Lithuania establish rules other than those laid down by this Code and other labour laws of the Republic of Lithuania, the rules of the international agreements of the Republic of Lithuania shall be applied. The second part of this Article stipulates that international agreements of the Republic of Lithuania shall be directly applied to labour relations, except in cases where international agreements establish that the application thereof requires a special regulatory act of the Republic of Lithuania.
Article 1
Paragraph 2.
The Law on Maritime Safety defines a ship as “any self-propelled or non-self-propelled floating structure that is or can be used for navigation”.The Law distinguishes certain categories of ships in respect of which it is not applicable (Article 1(3) of the Law on Maritime Safety); the provisions of this legal act are applicable without reservation to all the other ships.
Article 2(17) of the Maritime Shipping Law of the Republic of Lithuania defines as “any self-propelled or non-self-propelled floating structure that is or can be used for navigation”.Paragraph 9 of the same Article provides that a seagoing ship is a ship that is designed and built for sea navigation and has the documents certifying this.
Paragraph 3.
Yes, the national legal acts are applicable to seagoing tugs as well.Article 1(1) of the Law on Maritime Safety provides that the provisions thereof are not applied to:
1) ships registered in foreign states which sail in the Territorial sea of the Republic of Lithuania exercising the right of innocent passage and persons on board these ships
2) warships and coast guard vessels of the Republic of Lithuania and foreign states.In case of military incidents, aggression, seizure of violating ships or in other cases of emergency the vessels indicated in this subparagraph when sailing in the port waters shall enjoy the right of priority.
3) ships sailing in the internal waters;
4) ships whose maximum length indicated in ship’s documents is less than 12 metres;
5) recreational craft which does not go on commercial journeys;
6) wooden ships of primitive build.
The analysis of the provisions of the legal act allows stating that tugs are not specifically highlighted and they are equated to cargo (special purpose) ships; therefore, the provisions of the respective legal acts are applied without reservation.
Paragraph 4(c).
The Law on Maritime Safety provides that the provisions thereof are not applied to ships whose maximum length indicated in ship’s documents is less than 12 metres. There are no provisions regarding the non-application of the Law on Maritime Safety (or the legal acts implementing the laws passed on the basis thereof) to mobile offshore drilling units (MODU).
Furthermore, it should be indicated that no mobile offshore drilling units are registered with the Register of Seagoing Ships of the Republic of Lithuania.
Article 5 of the Labour Code of the Republic of Lithuania (1)
establishes the scope of application of labour laws:
1. Labour laws and other regulatory acts shall be applied to labour relations in the territory of the Republic of Lithuania regardless of whether the person is employed in Lithuania or has been posted by his employer abroad.
2. Labour relations which arise when persons are employed on board ships or on board aircraft shall be regulated by the labour laws and other regulatory acts of the Republic of Lithuania when the ships are flying the national flag of the Republic of Lithuania or the aircraft is marked with the symbols of Lithuania.The labour laws, other regulatory acts of the Republic of Lithuania shall be applied to persons working on other means of transport if the employers who own the means of transport are within the jurisdiction of the Republic of Lithuania.
3. Where the employer is a foreign state, the Government or an administrative unit or a unit operating as a diplomatic mission, foreign organisation or person, the laws and other regulatory acts shall apply to labour relations with the residents of the Republic of Lithuania to the extent they do not violate diplomatic immunity.
Article 4 of the Law of the Republic of Lithuania on Safety and Health at Work (2)
establishes the scope of application of this Law:
1. This law shall apply to each undertaking established in the territory of the Republic of Lithuania, taking into consideration the restrictions on the application of this Law, provided for in paragraphs 2 and 4 of this Article.
2. Provisions of this law and other regulations on safety and health at work shall not apply to military officers and servicemen of National Defence, to officers of the Interior system, Customs, and State Security institutions whose official relations are regulated by appropriate service statutes, when the said persons perform tasks having specific features.The regulations regulating the service of the these officers and servicemen must contain safety and health protection requirements, when the said persons perform specific tasks.
3. When the officers and servicemen referred to in paragraph 2 hereof are performing tasks not assigned to the specific activities referred to in paragraph 2 hereof, the provisions of this law and other regulations on safety and health at work shall apply.
4. The safety and health at work of workers who work with radioactive substances and other sources of ionising radiation shall be regulated by the Republic of Lithuania Law on Radiation Protection, this law and other regulations on safety and health at work.
The Minimum Requirements for the Health Promotion Activity on ships (4) approved byOrder No.V-656/3-358/A1-226 of the Minister of Health of the Republic of Lithuania, the Minister of Transport and Communications of the Republic of Lithuania and the Minister of Social Security and Labour of the Republic of Lithuania of 16 August 2005 establish the requirements for ships specified in paragraph 4 of these Requirements.
Paragraph 4(5):A ship means any ship registered in the Register of Seagoing Ships of the Republic of Lithuania or the Register of Ships of Internal Waters of the Republic of Lithuania and flying the flag of the Lithuanian State, except for ships of internal navigation, warships, yachts used for other than commercial purposes and operated by a non-professional crew, and tugboats working in the port water area.
Ships are divided into the following three categories:
Category A – ships, the shipping region of which is not limited.
Category B – foreign-going ships or seagoing vessels, sailing at a distance of less than 150 nautical miles from the nearest port and having the respective medical devices.Category B also includes foreign-going ships or seagoing vessels, sailing at a distance of less than 175 nautical miles from the nearest port and having the respective medical devices, which are always at a distance where they can be reached by helicopter rescue services.For this purpose, the Maritime Rescue Coordination Centre of the Naval Force of the Armed Forces of Lithuania informs the European Commission and other Member States about the changed search and rescue area of Lithuania and ship captains requesting assistance about the conditions of the provision of assistance.
Category C – auxiliary ships of the port, boats and floats, sailing close to the shore or having no cabin, except for the steersman’s cabin.
Article 2
(a).
The Law of the Republic of Lithuania on Maritime Safety
Maritime Shipping Law of the Republic of Lithuania
Labour Code of the Republic of Lithuania
Law of the Republic of Lithuania on Safety and Health at Work (2);
Resolution No. 587 “On the Approval of the List of Works to Which the 24- Hours of Work in any Given 24-Hour Period May Apply, Special Character of Periods of Work and Rest in Areas of Economic Activities, Conditions of Work when Accumulated Working Time Accounting can be Introduced, and the Schedule of the Introduction of Accumulated Working Time Accounting in Enterprises, Institutions and Organisations” of the Government of the Republic of Lithuania of 14 May 2003 (Official Gazette, 2003, No. 48-2120; 2005, No. 103-3815; 2006, No. 54-1964; 2007, No. 27-993, No. 100-4073; 2009, No. 53-2101; 2010, No. 48-2324);
Order No. 3-527 “On the Approval of the Statute of the Service in Seagoing Ships of the Republic of Lithuania” of the Minister of Transport and Communications of the Republic of Lithuania of 31 December 2008 (Official Gazette, 2009, No. 4-101)
Order No. 3-141 “On the Approval of the Rules for Initial Ship Examination” of the Minister of Transport and Communications of the Republic of Lithuania of 13 April 2006
Order No. V-656/3-358/A1-226 “On the Approval of the Minimum Requirements for the Health Promotion Activity on ships” of the Minister of Health of the Republic of Lithuania, the Minister of Transport and Communications of the Republic of Lithuania and the Minister of Social Security and Labour of the Republic of Lithuania of 16 August 2005 (Official Gazette, 2005, Nr. 101-3768)
Order No. 3-355 “On the Approval of the Rules of Maritime Degree Diploma and Qualification Certificates to Seafarers Working on Board Ships Engaged in International Voyages” of the Minister of Transport and Communications of the Republic of Lithuania of 8 August 2005 (Official Gazette, 2004, No. 18-562)
Order No. 3-295 “On the Approval of the Assessment Procedure for Safe Shipping Management Systems of Shipping Companies and Seagoing Ships Registered in the Republic of Lithuania” of the Minister of Transport and Communications of the Republic of Lithuania of 29 April 2003 (Official Gazette, 2003, No. 50-2229)
Order No. 3-471 “On the Approval of Fire Safety Rules on ships Being Built, Repaired and Upgraded and Other Floating Structures” of the Minister of Transport and Communications of the Republic of Lithuania of 27 September 2002 (Official Gazette, 2002, No. 99-4416) Order No. 3-454 “On the Approval of the Fire Safety Rules on ships of the Lithuanian Fleet” of the Minister of Transport and Communications of the Republic of Lithuania of 20 September 2002 (Official Gazette, 2002, No. 99-4413)
Order No. 3-332 “On the Approval of the Procedure for Investigation of Accidents of Seagoing Ships” of the Minister of Transport and Communications of the Republic of Lithuania of 1 July 2002 (Official Gazette, 2002, No. 76-3276)
Order No. 671 “On the Approval of the Lithuanian Hygiene Norm HN 113:2001 "Ships. Hygiene Norms and Rules” of the Minister of Health of the Republic of Lithuania of 28 December 2001 (Official Gazette, 2002, No. 24-890)
Order No. 216 “On the Approval of the General Rules of Occupational Safety Onboard Ships” of the Minister of Transport and Communications of the Republic of Lithuania of 29 June 2001 (Official Gazette, 2001, No. 111-4047)
Order No. 453 “On the Approval of the Rules for the Use of Equipment, Systems and Constructions of Seagoing Ships of the Republic of Lithuania” of the Minister of Transport and Communications of the Republic of Lithuania of 30 December 1999 (Official Gazette, 2000, No. 4-119)
Rules for Issuance of Maritime Degree Diploma and Qualification Certificates to Seafarers Working on Board Ships that Are Not Engaged in International Voyages approved by Order No. V-140 of the Director of the Lithuanian Maritime Safety Administration of 17 August 2005
Order No. V-24 “On the Approval of the Lists of Documents Contained on ships Registered in the Register of Seagoing Ships of the Republic of Lithuania” of the Maritime Safety Administration of 7 February 2007.
Please specify the extent to which the aforementioned laws and standard legal acts correspond with the conventions or articles of conventions specified in the Appendix to the Convention.To the extent that your country has ratified the conventions mentioned in the Annex, one can rely on information about the implementation thereof which the Government has provided in its reports; however, we hereby request to provide information about any events that may have an impact on the application of these conventions after the submission of the aforementioned reports.
The Ministry of Transport and Communications has no information about any material events that may have an impact on the application of the conventions.
Please specify the extent to which shipboard conditions of employment and shipboard living arrangements are covered by collective agreements or laid down by competent courts in a manner equally binding on the ship owners and seafarers concerned.Please provide representative examples of such agreements, rulings and judgments.
The Ministry of Transport and Communications has no information about collective agreements concluded by shipping companies. It is noteworthy that the shipping companies registered in the Republic of Lithuania in fact do not differ from companies engaged in other economic activities; therefore, control over compliance with the regulatory provisions of collective agreements concluded by them should be exercised and prevention of violations thereof should be effected by the State Labour Inspection (Article 32 of the Labour Code of the Republic of Lithuania).
The Law on State Social Insurance establishes the basis for state social insurance relations: types of state social insurance, categories of the persons covered by state social insurance, principles and structure of the state social insurance management system, rights, duties and responsibility of entities thereof.
Article 4 of this Law provides that the persons employed under employment contracts are covered on a compulsory basis by social insurance of all the types(pension, sickness and maternity, unemployment, occupational accidents and health insurance). Employment contracts must be concluded with seafarers of ships flying the Lithuanian flag and these contracts oblige employers to pay social insurance contributions for seafarers.
The laws regulating state social insurance benefits (the Law on Sickness and Maternity Social Insurance, the Law on State Social Insurance Pensions, the Law on Social Insurance of Occupational Accidents and Occupational Diseases, the Law on Unemployment Social Insurance, and the Law on the Payment of a Part pf State Social Insurance Old-Age and Disability Pensions) provide that, upon the occurrence of one of the insured events, the social insurance benefit, in the amount fixed by the laws, will be paid to a person who had worked under an employment contract for a certain period of time.
Article 2
(b).
Article 24(1) of the Law on Maritime Safety provides that the purpose of flag State control of ships registered in the Register of Seagoing Ships of the Republic of Lithuania carried out by the Administration is to control whether the international maritime safety requirements as well as the standards of shipboard living and working conditions and other legal acts of the Republic of Lithuania regulating maritime safety are complied with aboard the ships registered in the Register of Seagoing Ships of the Republic of Lithuania.
On ships flying the Lithuanian State flag with a total capacity of over 500, such control is usually carried out once per 6 months, whereas on ships with a total capacity of less than 500 such control is carried out once per year (paragraph 6 of the Rules for Carrying out the Flag State Control on Ships Registered in the Register of Seagoing Ships of the Republic of Lithuania and in the Seaports of Foreign States approved by Order No. 3-06 of the Minister of Transport and Communications of the Republic of Lithuania of 8 January 2004). Such control (inspection) is aimed at evaluating the compliance with the standards of shipboard living and working conditions.
Article 284(2) of the Labour Code of the Republic of Lithuania (1) provides:
The State Labour Inspection exercises control over compliance with the employee safety and health requirements in the enterprises.The functions, rights and responsibility of the State Labour Inspection are established by the Law on State Labour Inspection.