Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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 first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). Lithuania previously ratified two maritime labour Conventions and a Protocol that were automatically denounced on the entry into force of the MLC, 2006. After a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f) and (i), 3 and 5, of the Convention. Scope of application. Seafarers. The Government indicates that the Maritime Shipping Law covers “any person who is employed or engaged or works in any capacity on board a ship, except for 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” (section 2(10)). It further indicates that no cases of doubt have arisen as to whether any categories of persons are to be regarded as seafarers. The Committee observes, however, that the persons excluded by Lithuanian legislation appear to relate to cases of doubt as to whether categories of workers are to be regarded as seafarers for the purpose of the Convention and in which an explicit determination by the competent authority is necessary under Article II, paragraph 3, of the Convention. The Committee requests the Government to provide information on the specific categories of persons, if any, who have been excluded from the application of the Convention under section 2(10) of the Maritime Shipping Law, as well as on the consultation with the social partners required by Article II, paragraph 3, of the Convention.

Article V. Enforcement. Noting that the Government has provided no information regarding its implementation and enforcement responsibilities, the Committee requests it 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.

Regulation 1.1 and the Code – Minimum age. The Government indicates that the minimum age of seafarers is 16 years (section 84(3) of the Maritime Shipping Law) and that under section 154(3) of the Labour Code, working at night is prohibited for persons under 18 years of age. According to section 154(1) of the Labour Code, night time is the calendar time from 10 p.m. to 6 a.m. The Committee notes that the interval considered as night under the Labour Code lasts eight hours and thus is not in conformity with Standard A1.1, paragraph 2, of the Convention that provides for a period covering at least 9 hours. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with Standard A1.1, paragraph 2, of the Convention. The Committee notes that, with regard to the implementation of Standard A1.1, paragraph 4, regarding the prohibition of hazardous work, the Government refers 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 requests the Government to specify how such lists will 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.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that, according to the statistics supplied by the Government, there are 37 enterprises engaged in recruitment and placement of seafarers, two of which are not currently operational. The Government also indicates that the certification of private companies providing agency services of placing seafarers on ships is carried out by the Lithuanian Maritime Safety Administration, in accordance with Order No. 48 of the Minister of Transport and Communications “on the approval of the description of the procedure for the certification of companies providing services related to safe navigation”. The Committee requests the Government to provide information on consultations with the shipowners’ and seafarers’ organizations concerned with regard to the establishment of the system of certification (Standard A1.4, paragraph 2), 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 pursuant to Standard A1.4, paragraph 5, of the Convention (prohibition of blacklists, no charge of fees on the seafarer, keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints, establishing a compulsory insurance scheme to compensate seafarers).

Regulation 2.1 and the Code. Examining and seeking advice on the agreement before signing. Information on conditions of employment and particulars of the seafarer’s employment agreement. The Government indicates that, under section 84(4) of the Maritime Shipping Law, prior to stipulating the employment agreement, the manager of the ship shall provide conditions for the seafarer to learn its provisions, inform her/him about working conditions, rights and obligations and on the procedure for receiving and investigating complaints regarding potential violation of maritime labour requirements, as well as making such information (including the employment agreement) available to competent authorities. Noting the lack of information on measures taken to ensure that the seafarers signing a seafarers’ employment agreement are given an opportunity to seek advice on the agreement before signing (Standard A2.1, paragraph 1(a)), the Committee requests the Government to provide information on the implementation of this provision. The Government is also requested to provide information on the implementation of Standard A2.1, paragraphs 1(d) (clear information on board on the conditions of employment), (e) (record of employment), and 2–4 (copy of collective agreement on board; prohibition of statements on the quality of the seafarer’s work in the record of employment; and particulars to be included in the seafarers’ employment agreement).

Conditions of termination and periods of notice. The Committee notes that, with regard to termination of employment, the Government refers to section 136 of the Labour Code, which provides for the circumstances in which both the employee and the employer may terminate the employment contract without notice. The Committee observes that these provisions are applicable to workers in general but do not necessarily take into account the specific circumstances of seafarers. It requests the Government to specify whether and how the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons has been taken into account (Standard A2.1, paragraph 6). The Government is further requested to provide information on consultations held with respect to the determination of the period of notice as required by Standard A2.1, paragraph 5, of the Convention.

Regulation 2.3 and the Code. Drills and hours of rest. The Government indicates that, by virtue of Resolution No. 587 of 14 May 2003 regarding “the approval of the list of work that may be subject to up to 24 hours working time per day, and the work and rest time procedures in the areas of economic activities”, upon the completion of drills, the master shall ensure that all crew members who worked during the scheduled period of rest receive adequate rest. When such works are performed during the scheduled period of rest, the time worked shall be added and compensated for crew members after the ship returns to Klaipeda State Seaport or after the crew is changed in other seaports. The Committee notes that the Declaration of Maritime Labour Compliance (DMLC), Part I, referring to Resolution No. 587, 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 recalls that the Convention provides that in cases where the schedule of hours of work or of hours of rest is suspended, an adequate period of rest shall be granted to seafarers (Standard A2.3, paragraphs 8, 9 and 14). The Committee requests 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.

Regulation 2.5 and the Code. Repatriation. Noting the absence of information on the following points, the Committee requests the Government to provide information on the entitlements to be accorded by shipowners for repatriation, including those relating to the destinations for repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5, paragraph 2(c)). The Committee also requests the Government to provide information on the implementation of Standard A2.5, paragraphs 7 and 8 (facilitating the repatriation of seafarers and non-refusal of right of repatriation).

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. Noting that the Government only provides information with regard to compensation in the event of loss of property owing to an accident at sea, the Committee requests it 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, as required by Regulation 2.6 of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Government indicates that, according to Order No. 671 of the Minister of Health of 28 December 2001 on the approval of Lithuanian Hygiene Standard HN 113:2001 – “Ships. Hygiene Standards and Rules”, (Hygiene Standard HN 113:2001), on ships of category I and II, an air conditioning system shall be installed in living, public, medical, service rooms, in the central control unit and catering unit rooms. A conditioning system is installed on ships of category III and IV in case they navigate in navigation areas 1 and 2. The Committee recalls that Standard A3.1, paragraph 7(b), of the Convention only excludes from the requirement of air conditioning ships regularly engaged in trade where temperate climatic conditions do not require air conditioning. The Committee requests the Government to provide clarifications on the applicable legislation giving effect to this provision of the Convention. The Government indicates that exemptions from the requirement provided under Standard A3.1, paragraph 9(a), of the Convention (individual sleeping room for each seafarer) may be granted in case of ships of less than 3,000 gross tonnage or special purpose ships. The Committee requests the Government to provide information on whether any such exemptions have been granted and to indicate whether shipowners’ and seafarers’ organizations have been consulted on these exemptions. The Government indicates that under section 14.25.5 of Hygiene Standard HN 113:2001, in seafarer’s single berth living rooms the floor area shall be at least 6.5 square meters on ships of 10,000 gross tonnage or over. The Committee recalls that under Standard A3.1, paragraph 9(f)(iii), in single berth seafarers’ sleeping rooms the floor area shall not be less than 7 square metres in ships of 10,000 gross tonnage or over. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with Standard A3.1, paragraph 9(f)(iii), of the Convention. It also requests the Government to provide more detailed information on the implementation of Standard A3.1, paragraph 10(a), for example on the location of mess rooms and possible exemptions. The Government is also requested to confirm that in all ships separate sanitary facilities are provided for men and for women (Standard A3.1, paragraph 11(a)), as well as to provide information on the implementation of Standard A3.1, paragraph 11(b) (sanitary facilities near the navigation bridge, the machinery space of the engine room control centre). The Committee notes that, with regard to the implementation of Standard A3.1, paragraphs 14, 15 and 17, the Government only refers to category I cargo in which gymnasiums as well as sports and playgrounds shall be arranged on weather decks for crew members, as well as special areas which could be used by seafarers for recreational purposes. The Committee recalls that Standard A3.1, paragraphs 14 (space on open deck) and 17 (recreational facilities), apply to all ships to which the Convention is applicable, whereas Standard A3.1, paragraph 15 (ship’s offices), only allow for the exclusion of ships of less than 3,000 gross tonnage after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to provide information on how these provisions of the Convention are implemented with regard to the other ships covered by the Convention. It further requests the Government to provide information on the implementation of Standard A3.1, paragraph 19 (variations of accommodation standards for differing religious and social practices), as well as to indicate whether any exemptions for ships of less than 200 gross tonnage have been granted pursuant to Standard A3.1, paragraphs 20 and 21, of the Convention. The Government is further requested to provide information on the frequency of on board inspections of seafarers’ accommodation provided under section 18.39 of Hygiene Standard HN 113:2001 (Standard A3.1, paragraph 18).

Regulation 3.2 and the Code. Food and catering. The Committee notes that the main legislation implementing this Regulation is the Maritime Shipping Law, Order No. 510 of the Minister of Health of 25 November 1999 on the “approval of recommended daily nutrition and energy norms” and Hygiene Standard HN 113:2001. Noting the lack of information on the frequency of inspections required by Standard A3.2, paragraph 7, of the Convention, the Committee requests the Government to indicate the relevant provision giving effect to this provision of the Convention.

Regulation 4.1 and the Code. Medical and dental care for foreign seafarers in Lithuania. The Committee notes the Government’s indication that, for permanent residents, free emergency medical aid shall be provided in the facilities of the national health system irrespective of whether or not they are covered by compulsory health insurance. Foreign nationals and stateless persons who are not permanent residents shall be provided with emergency medical aid by the facilities of the national health system in accordance with the procedure established by the Ministry of Health, unless otherwise provided by international treaties to which Lithuania is party. The Government also indicates that, upon arriving to Lithuania, seafarers, as any other patient, may contact health-care facilities and receive emergency medical aid in dental-related cases within the scope of immediate medical aid approved by Order No. V-208 of the Minister of Health of 8 April 2004 on “the approval of the procedure and scope for providing emergency medical aid and emergency medical aid services”. It further indicates that under section 88(4) of the Maritime Shipping Law, when a seafarer working on board becomes ill or is injured, the ship’s operator pays all costs for the treatment and care of the seafarer. The Committee recalls that under Standard A4.1, paragraph 1(d), each Member shall ensure that, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers. The Committee requests the Government to clarify whether immediate medical care in the national health system facilities is free of charge for seafarers who work on board ships flying the Lithuanian flag who are not permanent residents in Lithuania.

Medical care in ports of call. The Committee notes that the Government provides no 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 therefore requests the Government to provide information on this point. The Committee also requests the Government to provide detailed information on the legislation implementing the requirements regarding: (i) medical equipment on board (Standard A4.1, paragraph 4(a)), including information on the frequency of inspection; and (ii) a prearranged system of medical advice by radio or satellite communication available 24 hours a day (Standard A4.1, paragraph 4(d)).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government does not provide information on the national guidelines for the management of occupational safety and health (OSH) on board ships that fly its flag, nor on OSH policies and programmes (Regulation 4.3, paragraph 2, and Standard A4.3, paragraph 1(a)). It also notes that since the Government did not provide an example of an approved DMLC Part II outlining a shipowner’s practices or on board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases, it is not possible to assess compliance with the requirements set in Standard A4.3, paragraphs 1(c), 2(b) and 8 (on board programmes, obligations of shipowners, seafarers and others in relation to OSH; risk evaluation). In this regard, the Committee wishes to draw the attention of the Government to the Guidelines on implementing the occupational safety and health provisions of the MLC, 2006, adopted in 2014. The Committee requests the Government to indicate whether the national guidelines required under Regulation 4.3, paragraph 2, have been adopted and if so, if consultations with the representative shipowners’ and seafarers’ organizations have taken place. The Committee further requests the Government to provide information on OSH policies and programmes on ships flying its flag. It also requests the Government to provide information on the health and safety instructions for personnel engaged in complex and dangerous work issued pursuant to Order No. 216 of 29 June 2001. The Government is also requested to provide information on the manner in which it has taken into account Guideline B4.3 regarding safety and health education of young seafarers. The Government indicates that a ship’s safety committee is constituted when five or more workers are employed on the ship, except a ship navigating exclusively in inland waters, in the territorial sea of Lithuania or within the water area of state seaports, which engages in commercial activities, except fishing vessels, traditional ships, naval ships. The Committee requests the Government to indicate the legal provisions requiring the establishment of the ship’s safety committee, pursuant to Standard A4.3, paragraph 2(d), of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. Noting that the Government’s report contains no information on the implementation of this Regulation, the Committee requests the Government to provide information in this regard.

Regulation 4.5 and the Code. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit; and survivors’ benefit. The Government indicates that after they enter into an employment agreement with seafarers, ship managers must insure them with all types of state social insurance. The Government also refers to section 13(1) of the Labour Code, which provides that foreign or stateless persons permanently residing in Lithuania have the same labour rights as Lithuanian citizens. The Committee requests the Government to indicate: (i) which of the branches specified are covered under such insurance; (ii) whether the insurance covers also the dependents 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. It also requests the Government to provide information on the implementation of Regulation 4.5, paragraph 2, specifying whether there are any bilateral or multilateral arrangements in which Lithuania participates regarding the provision of social security protection to seafarers (Standard A4.5, paragraphs 3, 4 and 8). It finally requests the Government to indicate the measures taken to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6).

Regulation 5.1.3 and the Code. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the Government’s information that, according to Order No. 3-518/A1-563/V-923 of the Minister of Transport and Communications, the Minister of Social Security and Labour and the Minister of Health on “the approval of the procedure for the verification of conformity of ships and their crews to international maritime labour requirements”, certificates are mandatory for ships registered in the Register of Seagoing Ships of Lithuania that are of 500 gross tonnage or over and engaged in international voyages. The Committee recalls that Regulation 5.1.3 of the Convention also applies to ships of 500 gross tonnage or over flying the flag of a Member and operating from a port, or between ports, in another country. The Committee requests the Government to specify whether any such ships fly the Lithuanian flag and, if so, to take the necessary measures to ensure that legislation implementing Regulation 5.1.3 also apply to these ships.

Regulation 5.1.6 and the Code. Marine casualties. The Committee notes that under section 12 of Order No. 3-461 of the Minister of Transport and Communication, an investigation shall be carried out in case of a very serious marine accident, which is defined under section 7.3 as an accident involving a complete loss of the ship, the ship’s disappearance or a casualty concerning a heavily polluted environment. The same Order provides that in other cases, including marine casualties – which encompass also 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 (section 7.1) – the investigative authority shall assess whether it is necessary to carry out an investigation (sections 13 and 14). Noting that in this latter case the holding of the investigation is optional, the Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee requests the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury or loss of life.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: an example(s) of Part II of the DMLC; an example of the approved document for seafarers’ record of employment and a standard form example of a seafarer’s employment agreement (Standard A2.1, paragraphs 1–3); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners, with a summary in English where the material is not available in English (Regulation 2.5, paragraph 2); an example of the standard medical report form for seafarers and a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraphs 2 and 4(a)); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners, with a summary in English where the material is not available in English (Standard A4.2, paragraph 1(b)); copy of the relevant national guidelines on OSH on board and of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Regulation 4.3, paragraph 2, and Standard A4.3, paragraph 1(d)); copy of the annual reports on inspection activities, in English; a standard document issued to or signed by inspectors setting out their functions and powers and a copy of any national guidelines issued to flag State inspectors, with a summary in English where these documents are not available in English; copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (Standard A5.1.4, paragraphs 5, 7 and 13); copy of the model for on board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag, with a translation into English if the procedures are not available in English (Regulation 5.1.5); copy of a document describing the onshore complaint handling procedures, in English (Regulation 5.2.2).

[The Government is asked to reply in full to the present comments in 2018.]