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Application of Convention No. 19 in practice. The Committee notes the Government’s reply to its previous comments, in which it indicates that the payment of work-related injury benefits to insured persons or their dependents who permanently move their residence to another State is made according to the procedures laid down in international treaties or in European Union (EU) regulations. The Committee further notes that the work-related injury benefits due to non-EU nationals are transferred by the State Social Insurance Fund Board to the beneficiary’s personal account in a credit or payment institution, pursuant to sections 66, 68 and 69 of the Regulations on Social Insurance Benefits Related to Accidents at Work and Occupational Diseases (Resolution No. 488 of 21 June 2017). The Committee observes, however, that section 107 of the same Regulations is silent as to the payment of benefits abroad, when injured workers or their dependents, in case of death of the worker due to a work-related injury, move their residence to another country. The Committee thus requests the Government to provide practical information on the manner in which the transfer of benefits abroad is regulated and executed with respect to persons who reside in other Member States parties to the Convention: (a) in the case of national workers and their dependents; and (b) in the case of foreign workers and their dependents. It further requests the Government to supply statistical data, if any, on the payment abroad of work-related injury benefits to workers or to their dependents.

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Article 1(2) of the Convention. Payment of employment injury benefits in case of residence abroad. The Committee notes that, in response to its previous direct request concerning the payment of benefits in case of residence abroad, the Government indicates that payment to insured persons or their dependents is not terminated merely due to the fact that they reside abroad; the only condition in this situation is the existence of a bank account to which the social insurance benefits could be transferred. The Committee notes that, in accordance with section 96 of the Regulation on social insurance benefits related to accidents at work of 2004, the dependents of a deceased worker who permanently move their residence to another State receive the benefits according to the procedures laid down in international treaties or European Union (EU) legal acts; non-EU nationals must submit documents according to a procedure prescribed by regulations. Section 107 of the same Regulations, while it establishes the procedure for the payment of employment injury benefits to the victims by bank transfer, is however silent as to the question of the payment of benefits in case of transfer of residence abroad. The Committee asks the Government to specify the legal provision authorizing payment of benefits abroad to the victims of employment injury. As regards the payments made to the dependents residing abroad, please describe the regime applicable both to EU and third-country nationals.

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Article 1(2) of the Convention. The Committee notes that in case of an accident at work involving an insured person in Lithuania, whether a national or a foreigner, the competent authorities will pay benefits into the bank accounts of these persons or to their dependants either in Lithuania or in another State, according to the relevant international treaty. Article 138(3) of the Constitution states that international treaties that have been ratified by the Parliament shall be a constituent part of the legal system of Lithuania, and Article 11 of the Law on Treaties of 22 June 1999 establishes that ratified treaties shall be binding upon Lithuania. The Committee wishes to recall in this respect that Convention No. 19 is an international treaty ratified by Lithuania, which requires that equality of treatment as regards workmen’s compensation for accidents should be equally granted to the nationals of all States which have ratified the Convention in case of their residence outside Lithuania, irrespective of whether a bilateral agreement has been concluded for this purpose.
The Committee notes from the information provided by the Government that no requests for payment of benefits have yet been made by insured persons or their dependants for the payment of social insurance benefits for accidents at work and occupational diseases to the place of residence abroad. The Committee considers that even though requests for the transfer of benefits abroad have not yet been made in practice, the competent social security bodies in Lithuania should be ready to deal with them in future in line with the country’s obligation under Convention No. 19. For this purpose, the Committee invites the Government to inform such competent authorities of their legal obligation to take measures for the transfer of benefits abroad to the nationals of countries that have ratified the Convention, as well as to the nationals of Lithuania, even in cases where no bilateral agreement has been concluded for this purpose with the country concerned.
Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has not included in its report certain information related to the application of the Convention in practice, including (i) information on the organization and working of the inspection services as regards industrial accidents, and (ii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Lithuania, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

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The Committee notes the information provided by the Government in its report and would be grateful to receive further information on the following point.

Article 1, paragraph 2, of the Convention. With regard to the payment abroad of benefits in the event of an industrial accident, the Government refers in its report to a number of bilateral social security agreements which guarantee the principle of equality of treatment. While noting this information, the Committee would be grateful if the Government would indicate in its next report the arrangements, in the absence of a bilateral social security agreement, governing the payment of industrial accident benefits in the event of residence abroad both with regard to Lithuanian nationals and their dependants and the nationals of countries which have ratified Convention No. 19 and their dependants. The Committee recalls that this Convention has currently been ratified by 120 States and that, in case of industrial accidents, it guarantees the payment abroad of periodical payments for the nationals of all the States that have ratified it, on condition that such payments are made by a State in respect of its own nationals. As a consequence, as the group of States which have ratified Convention No. 19 generally exceeds that of the States with which bilateral social security agreements have been concluded, this instrument guarantees the principle of equality of treatment between the nationals of a particular country and the nationals of all the countries that are parties to the Convention. In this respect, the Committee requests the Government to provide statistical data with its next report on the payment of compensation benefits for industrial accidents in the case of residence abroad: (i) in countries that are parties to the Convention with which bilateral agreements have been concluded; and (ii) in countries which, although parties to Convention No. 19, are not bound by a bilateral social security agreement with Lithuania.

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The Committee notes the report provided by the Government in reply to its previous comments and the attached legislative texts. It wishes to draw the Government’s attention to the following point.

Article 1, paragraph 2, of the Convention. The Committee notes that, under the terms of article 36(7) of the Law on Social Insurance for Occupational Accidents and Occupational Diseases of 1999, issues relating to the provision of benefits to persons resident in another State are governed by international agreements. The Committee also notes that the Government refers in its report in this respect to the standard clause contained in the bilateral social security agreements to which Lithuania is a party, under the terms of which benefits for occupational accidents shall not be reduced or suspended on the grounds of the residence of the insured person on the territory of another party. In the event of residence in a third country, treatment equal to that provided to nationals of one party has to be granted to nationals of the other State party. The Committee requests the Government to indicate in this respect whether, in accordance with this provision of the Convention, the special arrangements entered into with certain countries respecting the transfer of benefits apply under the same conditions to all foreign workers who are nationals of a country that has ratified the Convention and their dependants.

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The Government indicates in its report that the application of legislative provisions regarding compensation for occupational accidents is complicated by contradictions between the various legislative instruments which regulate the area. Moreover, these provisions are obsolete and ill adapted to the situation and the labour market. The Ministry of Labour and Social Security has therefore prepared a draft Act on mandatory insurance for occupational accidents, as well as a temporary draft Act on compensation for the harm done in case of occupational accidents or disease. The Government indicates in this connection that the draft Act on obligatory insurance which provides for the payment of benefits for both national and foreign citizens and their dependants will shortly be presented to the Government and the legislature.

The Committee notes this information. It also notes the adoption of the Temporary Act No. VIII-366 of 1 July 1997 on compensation for damage linked to occupational accidents or disease. The Committee hopes the Government will indicate in its next report whether the draft Act on mandatory insurance for occupational accidents has been adopted and, if so, to transmit a copy thereof for examination by the Committee.

Article 1, paragraph 2, of the Convention. The Committee requests the Government to specify whether, and under which provisions, workers who suffer occupational accidents and leave Lithuania, as well as their dependants, may be entitled to receive payment of benefits in their country of residence in the case of both national and foreign workers.

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