Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Lithuania (Ratification: 1994)

Other comments on C081

Observation

2022

Direct Request

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Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the information in the Government’s report that one of the additional functions performed by the state labour inspectorate (SLI) is the coordination of the control and prevention of illegal labour. In this regard, the Committee notes the information in the report on the activities of the SLI (submitted with the Government’s report) that in 2012, 3,729 inspections were carried out during which illegal work was monitored, and 4,497 such inspections were carried out in 2013. With reference to paragraph 78 of the 2006 General Survey on labour inspection, the Committee recalls that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection. The Committee accordingly requests the Government to provide information on action undertaken by the labour inspectorate and the judicial authorities to ensure the enforcement of employers’ obligations with regard to the statutory rights of the workers found, in the course of inspections, to be working irregularly.

Articles 5(a), 17 and 18. Cooperation between the SLI and the judiciary, legal proceedings and penalties. The Committee notes the Government’s indication that pre-trial investigations are undertaken by prosecutors, including in the territorial offices, for violations of section 176 of the Criminal Code on safety and health protection at work. In 2013 and the first three months of 2014, 104 such pre-trial investigations were undertaken, and in 2013, charges were brought in 27 cases. The General Prosecutor’s Office is currently carrying out an assessment of those investigations that did not result in charges, as well as analysing the basis for such decisions, examining the drawbacks of pre-trial investigations and the main causes of acquittal. The results of this assessment will be discussed in a coordination meeting.

The Committee notes the Government’s statement that two coordination meetings were held between the management of the General Prosecutor’s Office and the SLI in 2013 to improve the effectiveness of their cooperation, and that organizational measures for the timely exchange of information in the investigation of accidents was discussed. The Government indicates that the SLI and the General Prosecutor’s Office intend to conclude a cooperation agreement aimed at more active cooperation between the territorial prosecutor’s offices and the SLI, and to ensure cooperation in the investigation of work accidents and pre-trial investigations. The Government further indicates that, training is planned for the officers in the General Prosecutor’s Office who undertake pre-trial investigations, with the participation of the SLI. The Committee requests that the Government provide information on the findings of the assessment being undertaken by the General Prosecutor’s Office of the pre-trial assessments and prosecutions undertaken related to safety and health at work. It also requests that the Government provide information on the cooperation agreement between the SLI and the General Prosecutor’s Office, once concluded and the specific steps taken pursuant to this agreement.

Articles 12 and 15(c). Possibility of carrying out inspection visits without previous notice and confidentiality of complaints. The Committee previously noted that according to the Law on Public Administration, inspection visits can be either scheduled checks with ten days prior notice to the employer or spot checks which can be carried out without previous notice in certain cases, such as following receipt of a written request from another administration body, where there is reasonable suspicion that an entity is violating the law and in order to ensure that violations previously identified have been eliminated.

The Committee notes the Government’s indication that a complaint may be investigated by conducting an unplanned inspection of the economic entity concerned. The report on the activities of the SLI indicates that these unplanned inspections constituted 62 per cent of the inspections undertaken in 2012, and 47 per cent of the inspections undertaken in 2013. The Government states that the decision whether to provide prior notification to the economic entity is taken by the inspector who is investigating the complaint on a case-by-case basis, pursuant to section 29.2 of Order No. V-6 of 13 January 2011 (made by the chief state labour inspector) on the rules for scheduled and non-scheduled inspections of economic entities. The Government further indicates that an economic entity is usually notified in advance about an unplanned inspection, unless the inspection relates to illegal work. However, in cases where the inspector considers that such a disclosure may impede the aims of the investigation, or the confidentiality requirements, the inspector is entitled not to provide advanced notification of an unplanned inspection. The Committee observes that, based on the information provided by the Government, it appears that employers are always notified in advance concerning planned inspection visits, and that the only situation in which an economic entity may not receive notification is in the case of an unplanned inspection visit pursuant to a complaint. With reference to paragraph 263 of its 2006 General Survey on labour inspection, the Committee recalls that the performance of a sufficient number of unannounced inspection visits in relation to inspections with prior notice is necessary to enable labour inspectors to discharge their obligation of confidentiality with regard to the source of any complaint and also to prevent the establishment of any link between the inspection and a complaint. The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure that the confidentiality of complaints is maintained in case of inspection visits carried out pursuant to a complaint. It also requests the Government to provide a copy of Order No. V-6 of 13 January 2011, of the chief state labour inspector, on the rules for scheduled and non-scheduled inspections of economic entities, with its next report.