CMNT_TITLE

Maritime Labour Convention, 2006 (MLC, 2006) - Lithuania (RATIFICATION: 2013)

Other comments on C186

Direct Request

2023
2019
2016

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The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes the observations of the Lithuanian Seafarers Union (LSU) received by the Office on 24 August 2018. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Lithuania on 18 January 2017 and 8 January 2019, respectively. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee previously noted that section 2(10) of the Maritime Shipping Law of 12 September 1996 excludes from its scope of application persons whose principal work is being performed ashore and who perform only temporary work on board that is unrelated to daily operations of a ship. It requested the Government to provide information on the specific categories of persons covered by this provision, as well as on the consultations with the social partners required by Article II, paragraph 3, of the Convention. The Committee notes that the Government provides no new information in this regard. It also notes that, according to the observations of the LSU, the above-mentioned determination is “very abstract and questionable” as problems may arise for categories such as repairmen performing work while ship is on voyage, or security guards on ferries, including the question of their coverage under applicable collective agreements. The LSU adds that none of the consultation procedures required by the MLC, 2006, has taken place yet. The Committee recalls that under Article II, paragraph 3, in cases of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of the Convention, the question shall be determined by the competent authority after consultation with the shipowners’ and seafarers’ organizations concerned. It requests the Government to provide further information on the categories of workers who “perform only temporary work on board that is unrelated to daily operations of a ship” pursuant to section 2(10) of the Maritime Shipping Law and to carry out the consultations required under Article II, paragraph 3, of the Convention.

Article V. Enforcement. In its previous comments, the Committee requested the Government to indicate the provisions of laws and regulations or other measures, which prohibit violations of the requirements of the Convention and establish sanctions or require the adoption of corrective measures to discourage such violations. The Committee notes the Government’s reference to various provisions, especially those of the Code of Administrative Offences, which impose penalties for the violation of labour legislation, including standards of living and working conditions on board Lithuanian flagged ships. It also notes the LSU’s allegation that there is no sufficient regulation in Lithuanian legislation to prevent the violation of the MLC, 2006. The LSU indicates that, despite few provisions in the Code of Administrative Offences related to the safety of the shipping at sea, there are no specific regulations and the existing sanctions are not sufficiently dissuasive. For instance, section 401(15) of the Code of Administrative Offences imposes a fine for the shipowner of between €300 and €1,450 and for the master of between €30 and €300 for the breach of the crew living and work conditions, but only if this endangers human health and the ship was detained in the port of Lithuania or abroad. The Committee requests the Government to provide its comments in this respect.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s information in reply to its previous comments that, under section 36(9) of the Law on Safety and Health at Work, work of adolescents (persons from 16 to 18 years of age) is prohibited from 10 p.m. to 6 a.m. and night time for adolescents working on board a ship is a period of nine hours which begins not later than 10 p.m. and finishes not earlier than 6 a.m. The Committee also notes the LSU’s indication that the above-mentioned Law has been recently amended to comply with the requirement of nine hours of working time at night. The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting the Government’s reference to general legislation determining types of work likely to jeopardize the health or safety of young persons under 18 years (Resolution No. 138 of 29 January 2003), the Committee requested the Government to specify how such lists would be adapted to take into account the specific conditions of work on board ships for young seafarers under 18 years of age, and to provide information on consultations with the shipowners’ and seafarers’ organizations concerned, as required under Standard A1.1, paragraph 4. The Committee notes the Government’s reference to 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), which repealed Resolution No. 138 of 29 January 2003 cited above. Resolution No. 518 provides for a list of hazardous types of work/trainings, which may not be undertaken by persons under 18 years. The Committee notes that this list includes: “22.14 Work included into the list of hazardous work approved by 3 September 2002 Resolution No 1386 of the Government of the Republic of Lithuania, except for work on ships”. The Committee notes that Resolution No. 1386 prohibits work for young persons under 18 years of age on ships and other floating equipment as defined in the Law of the Republic of Lithuania on Safe Navigation and in the Code of Inland Waterway Transport of the Republic of Lithuania (section 3.4.4 of the Resolution). The Committee understands from the reading of Resolution No. 518 that it is now possible for young persons under 18 years to perform every type of work, including hazardous work, on ships. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee requests the Government to indicate the measures taken to ensure conformity with Standard A1.1, paragraph 4, in particular with regard to the determination of the list of types of hazardous work for seafarers under 18 years after consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.4 and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. Private services. Requirements. Consultations. The Committee requested the Government to provide information on consultations with the shipowners’ and seafarers’ organizations concerned with regard to the establishment of the system of certification, as well as on the laws, regulations or other measures providing for the minimum requirements concerning the functioning of private seafarer recruitment and placement services. The Committee notes the Government’s reference to section 39(11) of the Law on Maritime Safety, which establishes the key requirements for companies carrying out activities of seafarers’ recruitment, such as (i) to have electronic means to submit data on employment of seafarers to the Lithuanian Register of Seafarers; (ii) to have a cooperation agreement with a shipping company regarding employment of seafarers or other document confirming the intention to conclude such an agreement (including guarantees to ensure the compensation of seafarers for their material losses in case of a company's failure to fulfil an obligation to recruit them, liabilities to pay wages, obligations to return seafarers to their place of residence, if the shipping company left a seafarer at a foreign port); (iii) to have data on seafarers employed and, at a request of the Administration, provide it with such information. The Committee notes the LSU allegations that compliance with most of the MLC, 2006, requirements is left to the agencies “goodwill”. The LSU indicates that, for instance, the agency has simply to “confirm” that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer; the same “confirmation” regarding the non-use of the “blacklists” or other means preventing from employment is deemed sufficient to obtain a licence. Furthermore, the legislation imposes no sanctions for the breach of these declarations. The LSU further indicates that the requirement of Standard A1.4, paragraph 5(c)(vi) (insurance or an equivalent appropriate measure to compensate seafarers for monetary loss) is completely neglected. The Committee recalls that Standard A1.4, paragraph 5, provides for a number of requirements for private seafarer recruitment and placement services, which do not appear to be covered by section 11 of the Law on Maritime Safety, such as the prohibition of blacklisting, the prohibition of charging fees to the seafarer, verifying that seafarers are informed of their rights and duties prior to engagement and that they are qualified and their seafarers’ employment agreements are in conformity with applicable legislation (Standard A1.4, paragraph 5(a), (b), (c)(ii) and (iii)). The Committee requests the Government to provide information on how it gives effect to these requirements of the Convention. With regard to the implementation of Standard A1.4, paragraph 5(c)(vi) (insurance to compensate seafarers for monetary losses), the Committee notes that the guarantee provided by section 11 of the Law on Maritime Safety mentioned above is not sufficient to comply with this requirement, as the system of protection should not only cover compensation for the failure of the recruitment and placement service to meet its obligations under the seafarers’ employment agreement but also for the failure of the shipowner to meet those obligations. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A1.4, paragraph 5(c)(vi), providing details on the system of protection established (insurance or an equivalent appropriate measure).

The Committee further notes the LSU’s observations that it considers that the number of licensed private agencies is too high – 35 active agencies serving approximately 6,500 active seafarers. The LSU also indicates that the licensing system was established without consultation with seafarers’ representatives, which makes obtaining licences very easy. The Committee requests the Government to provide its comments in this respect.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee requested the Government to provide information on measures taken to ensure that seafarers signing a seafarers’ employment agreement are given an opportunity to seek advice on the agreement before signing. The Committee notes that the Government refers to the Maritime Shipping Law and 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. The Committee notes the LSU’s indication that there are no provisions in the national legislation to give application to this provision; since the decision to sign the agreement is taken between the private recruitment agency and the seafarer, often seafarers are forced to sign the agreements in urgency without proper knowledge of the conditions. The Committee requests the Government to provide its comments in this respect.

Regulation 2.1 and Standard A2.1, paragraph 1(d) and 2. Access to information about conditions of employment. The Committee requested the Government to provide information on the implementation of Standard A2.1, paragraphs 1(d) (clear information on board on the conditions of employment) and 2 (copy of collective agreement on board). The Committee notes that the Government only refers in general to the information that the employer shall give to the employee before starting employment. The Committee notes the LSU’s allegation indicating that only few crewing agencies have and provide information to seafarers about the collective bargaining agreements applicable to the ships on board of which seafarers work. The Committee requests the Government to provide information on how it implements the requirement that seafarers shall have easy access to information on board ship about their conditions of employment, including to collective bargaining agreements, which form part of seafarers’ employment agreements.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes the Government’s information that every seafarer is issued a seafarer's book in accordance with the procedure specified by the Ministry of Transport and Communications. It notes that the government supplied copy of an example of the approved document for seafarer record of employment. It observes, however, that the document contains a space for remarks, which includes boxes for comments on the conduct and ability. The Committee recalls that under Standard A2.1, paragraph 3, the document containing a record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages. It requests the Government to take the necessary measures to ensure conformity with this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the model of seafarers’ employment agreement (SEA) supplied by the Government refers to the provisions of the old Labour Code of 2002, while a new Labour Code has been adopted in 2016 which entered into force in July 2017. It also notes the LSU’s observation that the model provided for by national legislation serves only as a “specimen” and is not compulsory. The LSU also indicates that the model form is not in line with Standard A2.1, paragraph 4, as it does not include all the mandatory information. The Committee requests the Government to provide an updated model of a seafarers’ employment agreement that is in conformity with Standard A2.1, paragraph 4, of the Convention.

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 specify how this provision of the Convention is implemented. The Committee notes the Government’s reference to section 60 of the new Labour Code, which provides for cases in which the employment contract may be terminated without notice. It notes the LSU’s allegations that despite the adoption of the new Labour Code, which entered into force in July 2017, there are no provisions in the Labour Code or in other legislation determining any special circumstances and conditions regarding the seafarers’ right to terminate the contract on shorter notice, apart from the circumstances provided by the Labour Code which apply to all employees. Noting that the new provisions of the Labour Code, as the old ones, do not take into account the specificities of seafarers, the Committee requests 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.

Regulation 2.3 and Standard A2.3, paragraphs 8, 9 and 14. Compensatory rest. The Committee noted that the Declaration of Maritime Labour Compliance (DMLC), Part I, referring to Resolution No. 587 of 2003, indicates that during ahoy tasks that are carried out during the scheduled rest period, the time of work is summarized and compensated to the crew members by granting them a rest day according to the employment contract, collective agreement or internal rules, or by paying them an amount equal to the amount paid for overtime work. The Committee requested the Government to provide information on the measures taken to ensure that seafarers whose schedule of hours of rest is temporarily suspended in accordance with the Convention are always granted an adequate period of rest, regardless of any financial compensation, as required by Standard A2.3, paragraphs 8, 9 and 14. The Committee notes that the Government refers to the provisions of Resolution No. 496 of 2017 on the implementation of the Labour Code, which reproduce the provisions of Resolution No. 587 of 2003 on the completion of drills. The Committee again requests the Government to take the necessary measures to ensure that seafarers whose schedule of hours of rest is temporarily suspended in accordance with the Convention are always granted an adequate period of rest, regardless of any financial compensation, as required by 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 requests the Government to specify whether any agreements to forgo the minimum annual leave with pay are prohibited under national legislation and to refer to the applicable legislation.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee requested the Government to specify how this provision of the Convention is implemented. The Committee notes the Government’s indication that the shipowner shall organize the repatriation of the seafarer and pay the costs associated with the journey of the seafarer to the place of permanent residence. The Committee requests the Government to provide information on the entitlements to be accorded by shipowners for repatriation, including those relating to the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5.1, paragraph 2(c)). The Committee recalls that Guideline B2.5.1, paragraph 7, provides that seafarers should have the right to choose from among the prescribed destinations (listed in paragraph 6 of the same Guideline) the place to which they are to be repatriated. It requests the Government to provide information on how it has given due consideration to this provision of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s information that under section 88(7) of the Maritime Shipping Law, the shipowner of a ship flying the Lithuanian flag must have a valid measure to secure the discharge of obligations related to repatriation of seafarers, which shall be granted by an insurance company or mutual business entity, by members of the Protection and Indemnity Insurance (P&I) Clubs, or by a bank or another similar entity. The Committee also notes that the Government has supplied a copy of the certificate of insurance in respect of seafarers’ repatriation costs and liabilities as required under Standard A2.5.2. It further notes 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 requests the Government to provide its comments in this regard.

The Committee draws the Government’s attention to the following questions of the report form of the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to all the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes that the Government provides no reply to its comments on this point. It also notes the LSU’s indication that there are no provisions in national legislation regarding these matters. The Committee again requests the Government to indicate how it has given effect to Regulation 2.6 and in particular to provide details on the compensation to which seafarers are entitled in the case of injury or unemployment arising from the ship’s loss or foundering.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Various requirements. The Committee requested the Government to provide information on the implementation of various requirements of this Regulation. The Committee takes note of the Government’s clarifications, in particular with regard to the provisions giving effect to Standard A3.1, paragraphs 7(b) (air conditioning), 11(a) (separate sanitary facilities), 17 (recreational facilities), 20 and 21 (exemptions of ships less than 200 gross tonnage). It also notes the Government’s information that taking into account the Committee’s request to bring legislation into conformity with Standard A3.1, paragraph 9(f)(iii) (floor area in sleeping rooms), section 14.25.5 of Lithuanian Hygiene Standard HN 113:2001 “Ships. Hygiene Standards and Rules” approved by Order No. 671 of the Minister of Health of 28 December 2001 (Hygiene Standard HN 113:2001) will be amended. In addition, to clarify the requirements of Hygiene Standard HN 113:2001, a provision will be added by which mess rooms should be located apart from the sleeping rooms. The Committee requests the Government to provide information on any developments in this regard. It further requests the Government to indicate the provisions giving effect to Standard A3.1, paragraphs 14 (space on open deck) and 15 (ship’s offices).

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee notes the 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. It requests the Government to provide its comments in this respect.

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 information on the measures taken to ensure that seafarers working on ships flying its flag have the right to visit, free of charge, a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c) and (d)). The Committee notes the Government’s information that under section 88(4) of the Law on Merchant Shipping, if during the voyage, the seafarer fell sick, was injured, died or got killed during the voyage, the master of a ship shall pay all the expenses for the seafarers’ treatment, care, nursing by the date on which the seafarer is considered duly repatriated and transportation of the remains. It further notes the Government’s reference to sections 13 and 14 of Order No. V-656/3-358/A1-226, which in case of urgent medical consultation provide for free radio advice by the Klaipeda Seaman Hospital and reporting to the Maritime Rescue Coordination Centre of the Naval Force of Lithuanian Armed Forces or to the search and rescue service of another State about the urgent need for hospitalization. The Committee notes the LSU’s allegation that, despite the legislation in force, the situation in Lithuania regarding dental care is highly unacceptable as not only it is almost impossible to get free dental care services to anyone, but also the scope of emergency medical aid is very limited. Moreover, in order to be eligible for emergency treatment, the person’s state of health has to threaten her/his life. If an injury occurs (after an accident), the eligibility will depend on its seriousness and on what threat it may cause to the patient’s health. The Committee requests the Government to provide its comments in this regard.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Minimum requirements. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s indication in reply to its previous comments that Order No. V-957/3-707 of 10 November 2011 of the Minister of Health and the Minister of Transport and Communications “On the approval of the description of procedure for the issue and control of pharmacy supplies on board” gives application to this provision of the Convention. The Committee takes note of this information, which addresses its previous request.

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 the Government’s information that minimum requirements for medical aid 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 provides that ships whose crew has at least 100 members and who are engaged on international voyages for more than three days, but not more than three months, and ships whose crew has at least 50 members and who are engaged on international voyages for more than three months must have a medical doctor on board who is responsible for providing medical care. The Committee recalls that Standard A.1, paragraph 4(b), provides for the obligation of having a qualified medical doctor for “ships carrying 100 or more persons …”. The general expression “persons” does not only include seafarers but may include other persons on board not in the quality of seafarers, such as passengers. The Committee requests the Government to indicate the measures taken to bring its legislation into conformity with the provisions of Standard A4.1, paragraph 4(b) of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s information in reply to its previous comments that the “Minimum requirements for medical aid on board of 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 provides that, when the urgent medical consultation is needed, the physician or responsible staff shall consult with doctors of the Klaipėda Seamen's Hospital on radio. These consultations are free of charge and they are available 24 hours a day. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes that the Government has supplied a copy of the certificate of insurance in respect of shipowners’ liability as required under Standard A4.2.1. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee requested the Government to indicate whether the national guidelines required under Regulation 4.3, paragraph 2, had been adopted and if so, if consultations with the representative shipowners’ and seafarers’ organizations had taken place. The Committee notes the Government’s indications that national guidelines on health and safety at work are set in the Law on Safety and Health at Work. The Committee recalls 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’ organizations. The Committee again requests the Government to take the necessary measures to adopt, after consultation with the representative shipowners’ and seafarers’ organizations, national guidelines for the management of occupational safety and health on board ships that fly its flag.

Regulation 4.3 and Standard A4.3, paragraphs 1, 2, 5, 6 and 8. Health and safety protection and accident prevention. Policies and programmes. Reporting, statistics and investigation. Risk evaluation. The Committee notes that, in reply to its previous comments, the Government provides information on the provisions of the Law on Safety and Health at Work, inter alia, on risk assessment, investigation and reporting of accidents and protection of persons under 18 years. The Committee also notes that the Declaration of Maritime Labour Compliance (DMLC), Part II outlines the shipowner’s practices or on board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases on board. The Committee takes note of this information, which addresses its previous request.

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 this Regulation. The Committee notes the absence of information by the Government in this regard. It also notes the LSU’s allegation that the Klaipeda State Seaport Law (section 11(16)) clearly states that Klaipeda State Seaport Authority shall organize social household services for seafarers. Notwithstanding that, for more than 12 years, seafarers’ welfare services were organized and provided by the LSU with the assistance from the ITF Welfare Fund. The Government (Klaipeda State Seaport Authority) only marginally contributed to the funding. Currently, the LSU is in process of ending these services because of the excessive financial burden. The Committee requests the Government to provide its comments in this respect. It further requests the Government to provide information on the measures taken to implement Regulation 4.4 and the Code.

Regulation 4.5 and the Code. Social security. In its previous comments, the Committee requested the Government to indicate: (i) which of the branches specified are covered under the social insurance; (ii) whether the insurance also covers the dependants of seafarers ordinarily resident in the country; (iii) whether the resulting protection is not less favourable than that enjoyed by shoreworkers resident in Lithuania; (iv) the applicable legislation; (v) the conclusion of any bilateral or multilateral arrangements regarding the provision of social security protection to seafarers; and (vi) the measures taken to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee notes the Government’s information that seafarers, as other persons working under employment contracts, are covered by the types of social insurance stipulated in the legislation on state social insurance, i.e. (i) the pension social insurance, where the insured person receives the general (universal) and/or the individual parts of a pension, as provided for in the Law on Social Insurance Pensions; (ii) the sickness and maternity social insurance, where the insured person receives the sickness, maternity, paternity, childcare and vocational rehabilitation benefits provided for in the Law on Sickness and Maternity Social Insurance; (iii) the unemployment social insurance, where the insured person receives the benefits provided for in the Law on Unemployment Social Insurance; (iv) the social insurance of occupational accidents and occupational diseases, where the insured person receives the benefits provided for in the Law on Social Insurance of Occupational Accidents and Occupational Diseases; and (v) the health insurance, where the insured person benefits from the healthcare services and the compensations provided for in the Law on Health Insurance. The Committee notes that the majority of the benefits provided under the above schemes are not linked to residence in Lithuania but to the existence of an employment contract in Lithuania. At the same time, the Committee notes the Government’s reference to the direct application of European Regulations on the coordination of social security systems (Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended), which ensure that citizens making use of their right to free movement will benefit from the social security system of one Member State. The Government also mentions the conclusion of bilateral social security agreements with Belarus, Ukraine, Russian Federation, United States, Canada and Republic of Moldova. The Committee notes the LSU’s observations indicating that recently national legislation has been amended with respect to seafarers working on board ships flying a foreign flag. As a result, such seafarers, including citizens, are denied access to the State Social Insurance Fund. Moreover, they are not allowed to make a voluntarily contribution and are forced to choose a private fund. The LSU indicates that this situation does not apply to health insurance, which is compulsory. The Committee requests the Government to provide its comments in reply to the LSU’s observations. It also requests the Government to provide information on whether and how the above-mentioned bilateral social security agreements cover seafarers who reside in Lithuania and work on vessels flying the flag of the signatory States or seafarers resident in those States who work on Lithuanian flagged vessels and ensure the maintenance of social security rights acquired, or in the course of being acquired. The Committee further requests the Government to provide detailed information on the social security coverage for seafarers who are ordinarily resident in Lithuania but work on foreign flagged vessels outside the EU area and outside the countries with which bilateral social security agreements were concluded.

The Committee notes the LSU’s observations indicating that while shipowners, banks and some seafarers assume that the “daily allowance” – which forms up to 50 per cent of the seafarers’ income – is a part of wages, such allowance is not taken into account when calculating social benefits, as it is non-taxable and in terms of accountancy it is counted as compensation and not wage. The Committee requests the Government to provide its comments in this respect.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes the information provided by the Government in reply to its previous request, according to which there are no ships of 500 gross tonnage or more flying the Lithuanian flag operating from a port, or between ports, in another country. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.6 and the Code. Marine casualties. The Committee noted that under Order No. 3-461 of the Minister of Transport and Communication, the holding of an investigation into marine casualties – which also encompass accidents in which persons die or are terminally or seriously injured as a result of their presence on board or event associated with the marine activities – is optional. It requested the Government to take the necessary measures to ensure conformity with this Regulation. The Committee notes that the Government provides no reply to its comments. It also notes the LSU’s observations on the insufficient regulation of accident investigation. The Committee therefore reiterates its previous request.