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Private Employment Agencies Convention, 1997 (No. 181) - Lithuania (RATIFICATION: 2004)

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Article 3(2). Legal status. Practical application. In response to the Committee’s previous comments, the Government once again refers to EU Directive No. 2006/123/EC on the provision of services in the internal market, which came into force for Lithuania on 5 January 2010, reiterating that private employment agencies in Lithuania are treated like other service countries and thus operate without a license. The Government reports that section 30 of the Law on Employment defines employment placement services, establishes private employment agencies’ obligation to report to the Labour Exchange Service and sets the eligibility criteria for such agencies. It also refers to Order No. V-560 of 21 November 2018, as amended on 29 August 2019 (Order No V-378), which provides that natural and legal persons or other organizations providing employment mediation services are required to submit information to the Labour Exchange at specific intervals, informing of : (i) their status (within one month of commencing operations); (ii) their activities and the services offered (annually); and (iii) their intention to provide employment intermediation services to third-country nationals prior to providing such services . The Committee notes that, from 2015 to 2018, the number of private employment agencies that reported to the Labour Exchange decreased from 122 to 80, declining to 35 in the first half of 2019. The Committee requests the Government to indicate the reasons for the decline in the number of private employment agencies reporting to the Labour Exchange. It also requests the Government to continue to provide detailed updated information on the manner in which the Convention is applied, indicating the number of private employment agencies operating in the country, the number of workers covered by the measures taken to give effect to the Convention, extracts from inspection reports, the number and type of violations detected and the sanctions applied (Part V of the report form).

Article 6. Processing of personal data. The Government indicates that according to the Law on the Legal Protection of Personal Data, employers may collect a jobseeker’s personal data with respect to qualifications, professional experience, and related subject matter from the former employer only after informing the jobseeker, and from the current employer only with the jobseeker’s consent. The Government indicates that jobseekers’ personal data is protected under the Law on Legal Protection of Personal Data of the Republic of Lithuania and General Data Protection Regulation (ES) No. 2016/679, which require the Labour Exchange and private employment agencies to put in place an approved personal data protection policy. The Committee requests that the Government provide specific updated information on the manner in which this personal data is protected and ensures respect for workers’ privacy, as contemplated in Article 6(1) of the Convention.

Article 8. Protection of migrant workers. In response to the Committee’s previous comments, the Government indicates that the Labour Exchange does not inspect private employment agencies, as they are subject to supervision by the general labour inspection services. Complaints of potential abuse and fraudulent or illegal activities of private employment agencies are to be reported to the enforcement authorities (either the police or the State Labour Inspectorate). The Committee further notes that in 2018, pursuant to the Action Plan 2018–2020 on the Integration of Foreigners into Society, 95,000 publications on workers’ rights were disseminated to migrants in different languages, including Russian, Ukrainian and English. The Committee requests the Government to continue to provide updated detailed information on the nature and impact of measures taken to provide adequate protection and prevent abuses of migrant workers placed in Lithuania by private employment agencies. In addition, the Committee reiterates its request that the Government provide information on any bilateral agreements concluded with respect to the placement of migrant workers mediated from abroad, as well as Lithuanians mediated for work abroad (Article 8(2)).

Articles 11 and 12. Ensuring adequate protection and allocation of responsibilities. The Committee notes the Government’s indication that, pursuant to section 75 of the Lithuanian Labour Code, where temporary workers are placed in a user enterprise, the latter is required to ensure that the general labour law and collective agreements applicable to its workers are also applicable to the temporary workers. In addition, section 78 of the Labour Code requires user enterprises to notify temporary workers in writing of the legislative provisions governing their working conditions before they undertake their duties. User enterprises are also required to inform temporary workers of vacant positions that arise, and to take steps to safeguard the temporary worker’s safety and health at work. The Committee requests the Government to provide information on the implementation in practice of the provisions of the Labour Code cited above, including copies or extracts of administrative or judicial decisions in this respect. The Committee also invites the Government to provide information on law and practice, including extracts of legislative provisions regulating private employment agencies that provide services both domestically and in a cross-border context.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes with interest the comprehensive information provided in the Government’s report concerning cooperation activities such as joint seminars, workshops and cooperation agreements between the Lithuanian Labour Exchange and private employment agencies. The Labour Exchange also holds periodic job fairs with the involvement of private employment agencies. The Labour Exchange organizes trainings for private employment agencies and employers, such as a seminar held in 2019 by the Labour Exchange, together with the State Inspectorate and the Migration Department of the Ministry of Interior for private employment agencies, employers and other stakeholders, on the employment of migrant workers in Lithuania. The Government refers to training provided by the Lithuanian Labour Exchange to employers, including a 2015 training aimed at promoting employers’ engagement in social responsibility activities through the employment of persons with disabilities in which 11 PEAs and 272 employers participated. The Labour Exchange, together with private employment agencies, also carry out workshops for job seekers to enhance their job search skills. The Committee requests the Government to continue to provide updated information on the manner in which efficient cooperation between the Lithuanian Labour Exchange and private employment agencies is promoted.

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Scope of application. The Government indicates in its report that changes were introduced to the national legislation in order to implement Directive 2006/123/EC of 12 December 2006 on services in the internal market and, consequently, agencies offering employment opportunities abroad are now treated as other service companies in Lithuania. The Ministry of Social Security and Labour will therefore not be issuing licences to practice these activities. Private employment agencies must now notify their existence with the territorial labour exchange offices. The Committee notes that the number of private employment agencies operating in Lithuania has increased from 92 in 2011, 100 in 2012, 109 in 2013, and 108 in 2014. The Government indicates that neither direct nor indirect fees may be collected from jobseekers for employment intermediation services (Article 7 of the Convention). No exceptions concerning paid services of employment intermediation are provided for in the legislation. With regard to Article 10 of the Convention, the Government indicates that the Lithuanian Labour Exchange shall forward complaints and notifications of potential abuse and fraudulent practices related to the activities of private employment agencies to the police. The authorities supervise the activities of private employment agencies and are responsible for the prevention and investigation of illegal work. The Committee invites the Government to give a general appreciation of the manner in which the Convention is applied and indicate the number of workers covered by the measures giving effect to the Convention (Part V of the report form). Please also include extracts from reports of the inspection services, as well as updated information on the measures taken to eliminate fraudulent and illegal private employment agencies (Articles 10 and 14 of the Convention).

Article 8. Migrant workers protection. The Government indicates that, upon the request of the national temporary employment licensing service of the United Kingdom, the State Labour Inspectorate, the State Tax Inspectorate and the Police Department have inspected 13 companies and natural persons who, presumably, were carrying out activities of employment intermediation in July and August 2013. As a result of these inspections, an administrative offence protocol was drawn up for one of the companies who provided their services for payment in violation of the provisions of section 88 of the Labour Code. The Committee invites the Government to continue to provide information on the measures taken to provide adequate protection and prevent abuses of migrant workers placed in Lithuania by private employment agencies. Furthermore, the Government is also invited to provide information on any bilateral agreements concluded in this regard (Article 8(2)).

Article 12. Allocation of responsibilities of private employment agencies and user enterprises. The Committee notes that the Government has not provided information with respect to the application of Article 12 of the Convention. The Committee once again requests the Government to indicate how national laws or regulations allocate responsibilities between private employment agencies and the user enterprise in the areas described in this Article and on any developments in regard to the Law on outsourcing. The Committee further invites the Government to include corresponding extracts of legislative provisions dealing with the regulation of private employment agencies providing services domestically and in a transboundary context.

Article 13. Cooperation between public employment service and private employment agencies. The Committee notes that the Lithuanian Labour Exchange publishes information on the provision of intermediation services on its website every quarter. The Government indicates that, based on cooperation agreements concluded between the Lithuanian Labour Exchange and private employment agencies, such agencies are granted an opportunity to publish job announcements posted on the website of the Lithuanian Labour Exchange on their own websites. The Government adds that private employment agencies are allowed to seek for candidates to job vacancies using the database of jobseekers registered with the territorial labour exchange offices. The Committee requests the Government to indicate how the personal data of jobseekers is protected in this regard (Article 6). The Committee also invites the Government to report on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically.

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The Committee notes the report received in August 2009 and the information it contains in reply to the 2007 direct request. The Government reported that inspections are conducted at least once every three years or if grounds to initiate administrative proceedings exist. It further reports that while licensed private employment agencies providing mediation services abroad are controlled by the Lithuanian Labour Exchange and the State Labour Inspectorate, unlicensed agencies are usually detected by other government authorities. The Committee notes that from October 2006 until October 2007, 25 licences were suspended due to violations of conditions of licensing activities and 17 licences terminated as the discrepancies were not rectified. From October 2007 until October 2008, three licences were suspended for the same reasons and the discrepancies rectified within the 30-day period. The Committee invites the Government to include in its next report information on any complaints, alleged abuses or fraudulent practices which may have been occasioned and on how it is ensured that complaints are investigated (Article 10 of the Convention). It further invites the Government to continue to provide information on the supervisory mechanisms and on adequate remedies (Article 14(2) and (3)) and to provide data on the number of workers covered by the Convention and the number and nature of infringements, besides unlicensed activity, reported (Part V of the report form).

1. Article 2, paragraph 4. Exclusions. The Government indicates that besides the Labour Code, no special regulation of conditions of activities exist. The Committee invites the Government to provide information on whether it has prohibited the operation of private employment agencies in certain categories of workers or excluded certain workers from the scope of the Convention.

2. Articles 3 and 13. Legal Status, conditions governing the operation. Cooperation between public employment service and private employment agencies. The Government indicates that besides the Labour Code, no special regulations of conditions of activities exist. The Government further states that licensed private employment agencies engaged in mediating labour abroad are required to provide a monthly report, which the Lithuanian Labour Exchange publishes on a quarterly basis. The Committee requests the Government to provide specific information on the legal status and conditions governing the operation of private employment agencies acting domestically (Article 3). The Committee also requests the Government to provide information on the reporting requirement of private employment agencies not engaged in mediating labour abroad. Please also specify the information to be supplied and on the content of the information to be provided by all private employment agencies (Article 13).

4. Articles 7, paragraph 2. Fee-charging private employment agencies. The Government reconfirms that mediation services for employment abroad can either be charged for or are free of charge. The Committee recalls that authorization for exceptions to the provision of Article 7(1) by the competent authority is subject to the condition that the exception be “in the interests of the workers concerned” and applies only to “specified categories of workers and certain clearly defined services provided by the private employment agencies in question” (Article 7(2)). Furthermore, the competent authority has to consult the most representative organizations of workers and employers. The Committee therefore again asks the Government to indicate in its next report all the categories of persons and the types of services for which the competent authority has authorized exceptions to charge fees and to indicate which organizations of employers and workers have been consulted on this matter and to provide data on the number of workers affected by these exceptions.

5. Article 8. Migrant workers protection. The Government describes the procedures to be undertaken by third country nationals to work in Lithuania. The Committee again requests the Government to provide information on measures put in place to provide adequate protection and prevent abuses of migrant workers placed in Lithuania by private employment agencies. Furthermore, the Government is requested to provide information on any bilateral agreements concluded in this regard (Article 8(2)).

7. Article 12. Allocation of responsibilities of private employment agencies and user enterprises. The Government states that that the provisions of the Labour Code are applied. It further refers to Government Resolution No. 569 of 6 June 2007 approving the draft Law on outsourcing. The Committee requests the Government to indicate how national laws or regulations allocate responsibilities between private employment agencies and the user enterprise in the areas described in this Article and on any developments in regard to the Law on outsourcing. The Committee further invites the Government to include in its next report corresponding extracts of legislative provisions dealing with the regulation of private employment agencies providing services domestically and in a transboundary context.

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1. The Committee notes the information provided by the Government in its first report received in September 2006 and observes that it largely relates to the activities of private agencies offering services for the placement abroad of Lithuanian citizens or persons permanently resident in Lithuania. In this regard, the Committee would be grateful if the Government could include in its next regular report, due in 2009, further information and corresponding extracts of legislative provisions in respect of the following matters.

2. Articles 1, 3, 11 and 12 of the Convention. Definitions. Legal status and operation of private employment agencies. Protection for the workers employed and responsibilities of the user enterprises. The Committee notes that article 88 of the Lithuanian Labour Code provides for mediation services in employment to be provided free of charge by the Lithuanian Labour Exchange under the Ministry of Social Security and Labour and that mediation services may also be provided by other enterprises, agencies, organizations whose regulations or agreements of incorporation contain a corresponding provision. Thus, in respect of the provision of employment services for Lithuanian citizens abroad, article 90 of the Lithuanian Labour Code provides that such mediation is the exclusive right of the State, however “other enterprises, agencies and organizations may act as mediators in employment of citizens abroad only provided they possess licenses issued by the institution authorized by the Government”. Accordingly, the Committee asks the Government to indicate in its next report:

– how the definitions set forth in Article 1 of the Convention are given effect at the national level; in particular with respect to the private employment agencies as described in Article 1, paragraph 1(b);

– the legal status and conditions governing the operation of private employment agencies (Article 3);

– the measures put in place to afford adequate protection to workers employed by private employment agencies in those areas set forth in Article 11 of the Convention;

– the means by which responsibilities are allocated between private employment agencies and user enterprises in those areas set forth in Article 12 of the Convention.

3. Article 2. Exclusions. The Committee invites the Government to also provide information on private employment agencies prohibited from operating in respect of certain categories of workers or branches of economic activity, or excluded from the Convention, or from certain of its provisions and particulars of the employers’ and workers’ organizations that were consulted in formulating the exclusions. The Government is requested also to provide information as required by the provisions of Article 2, paragraphs 4 and 5.

4. Article 5. Equality of opportunity and treatment in access to employment and to particular occupations. The Government indicates that the procedure established under Lithuanian laws and regulations ensures that private employment agencies treat workers without any discrimination whether on the basis of race, colour, sex, religion, political opinion, national extraction, social origin or any other form of discrimination covered by national law and practice such as age and disability. In this regard, the Government states that the Law on Equal Opportunities was brought into effect in January 2005. The Committee requests the Government to describe any special services or targeted programmes undertaken by private employment agencies designed to assist the most disadvantaged workers in their jobseeking activities.

5. Article 7. Fee-charging private employment agencies. The Government states in its report that under the Procedure for the Issue of Licences to Intermediaries for the Employment of Lithuanian Citizens Abroad, services of mediation for employment abroad can either be charged for or free of charge. The Government reports that consultations were held with those agencies engaged in foreign employment mediation services on this matter. The Committee notes that authorization for exceptions to the provision of paragraph 1 of Article 7 – according to which private employment agencies must not charge workers any form of fee or payment, either directly or indirectly – is subject to the condition that the exception be “in the interests of the workers concerned” and applies only to “specified categories of workers and certain clearly defined services provided by the private employment agencies in question” (paragraph 2). Paragraph 3 of Article 7 requires that reports on the application of the Convention provide information on these exceptions and give the reasons therefor. The Committee therefore asks the Government to indicate in its next report all the categories of persons and the types of services for which workers may be required by private employment agencies to pay fees and which organizations of employers and workers have been consulted on this matter. Please also include information on any complaints, alleged abuses or fraudulent practices which may have been occasioned as a result of such exceptions and statistics or other data available on the number of workers affected by these exceptions.

6. Article 8. Migrant workers protection. The Government provides that the Procedure for the Issue of Licenses to Intermediaries for the Employment of Lithuanian Citizens Abroad, approved by the Order of the Minister of Social Security and Labour of 19 August 2003, requires persons wishing to engage in mediation for the employment abroad of Lithuanian citizens, and persons permanently resident in Lithuania, to be registered in accordance with Lithuanian law and to obtain a licence for such activities. The Government also indicates that one of the main preconditions for obtaining a licence for mediation of employment of Lithuanian citizens abroad is the conclusion of an agreement between the Lithuanian agency and a placement agency of the receiving country. The agreement must stipulate mutual obligations and conditions of operation ensuring lawful employment, safe working conditions and other labour and social guarantees for Lithuanian citizens under the law of the receiving country. The Committee requests the Government to provide information on measures put in place to provide adequate protection and prevent abuses of migrant workers in Lithuania by private employment agencies. Furthermore, the Government is requested to provide information on licences issued for mediation of employment abroad and the extent to which protective measures are in force in the issuing of licences to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and to provide further information on any bilateral agreements concluded in this regard.

7. Article 13, paragraph 1. Cooperation between the public employment service and private employment agencies. The Committee notes that cooperation among public and private employment agencies is promoted by the new Law on the support for employment, which entered into force in August 2006. The Law provides for the legal regulation of non-public institutions and legal and natural persons providing general services of support for employment. The Government indicates that this would increase competition for public institutions implementing employment support through information, consultation and employment intermediation services, and would improve the quality of the service. The Government is requested to provide information on the new Law, and how this promotes cooperation between the public employment service and the private employment agencies and on any practical measures taken to achieve such cooperation.

8. Article 13, paragraphs 3 and 4. Exchange of information. With respect to the placement of Lithuanian citizens abroad by private agencies, the Government reports that the Procedure for the Issue of Licences to Intermediaries for the Employment of Lithuanian Citizens Abroad provides that firms licensed to engage in foreign mediation must submit monthly reports on employment mediation to the National Labour Exchange. The National Labour Exchange publishes such information received by the private employment agencies on a quarterly basis. The Committee requests the Government to give examples of the kind of information other than on the placement of Lithuanian citizens abroad provided to the National Labour Exchange by agencies performing labour market services.

9. Article 14, paragraph 3, and Part V of the report form. Practical application. The Government indicates in its report that licences are issued, updated, suspended and revoked by the Ministry of Social Affairs and Labour, and that the Ministry may suspend a licence if it becomes clear that the licence holder has violated the legal provisions. The Committee requests the Government to provide examples of how violations of the Convention are effectively dealt with, also information on the number of workers covered by the Convention and the number and nature of infringements reported.