Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the Government's reports for the period from 1995 to 1 June 1997.

1. The Committee requests the Government to provide information on the application of the following Articles of the Convention:

Article 6 of the Convention. The Committee asks the Government to clarify whether labour inspection staff and, in general, public servants of level "B" enjoy any additional protection of stability of their employment as compared to the protection of ordinary employees; to indicate the reasons and the procedure for dismissal from the office of heads of department and other subdivisions and other personnel of the Labour Inspectorate by the Chief State Labour Inspector under section 4 of article 15 of the Labour Inspectorate Law; and to indicate whether the term "other personnel", used in section 4 of article 15 of the Labour Inspectorate Law, covers ordinary labour inspectors.

Article 11, paragraph 2. The Committee has taken note of the indication provided by the Government that competent authorities (Government, Ministry of Finance) so far make no effort to cover compensations paid to labour inspectors for making use of their own cars and for transportation costs in cities related to performance of their duties. Please provide information on the arrangements made or envisaged in order to give effect to this provision of the Convention.

Article 20, paragraph 3. The Committee notes that a copy of the annual report published by the central inspection authority was not received by the ILO and requests the Government to transmit a copy of such report to the ILO within the time period indicated in Article 20, paragraph 3, of the Convention.

2. The Committee also requests the Government to provide further information on the following points:

Article 2, paragraph 1, of the Convention. The Committee requests the Government to indicate in which cases the inspection of job safety is entrusted to other specialized inspectorates.

Article 3, paragraph 1(c). Please indicate whether under the national legislation labour inspectors are required to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 10. The Committee requests the Government to indicate whether the number of labour inspectors is considered as sufficient in order to secure the effective discharge of the duties of the inspectorate.

Article 15, paragraph (b). The Committee asks the Government to indicate the duration of the duty of labour inspectors not to reveal any manufacturing or commercial secrets or working process after leaving the labour inspection service.

Article 15, paragraph (c). Please indicate the provision of the national legislation that gives effect to Article 15, paragraph (c), of the Convention.

Article 16. Please indicate whether the Government of the Republic of Lithuania considers the number of enterprises inspected per year as sufficient in order to secure the effective application of the relevant legal provisions.

Article 17, paragraph 2. The Committee asks the Government to indicate the provision of the national legislation that gives to labour inspectors the discretion to give warning and advice instead of instituting or recommending proceedings.

Article 27. The Committee asks the Government to indicate whether under the legislation of the Republic of Lithuania the arbitration awards and collective agreements are among the legal provisions enforceable by labour inspectors.

Parts IV and V of the report form. Please give a general appreciation of the manner in which the Convention is applied and practical difficulties encountered in the application of the Convention.

3. The Committee asks the Government to provide clarification in respect of the following:

Article 8. Please indicate whether any special duties were assigned to men and women employees.

Article 12, paragraph 1(a). The Committee asks the Government to indicate whether the term "at any time of the day", used in paragraph 1 of article 7 of the Labour Inspectorate Law, actually covers night hours.

Article 12, paragraph 1(b). Please indicate the provision of the national legislation that gives effect to this provision of the Convention.

Article 12, paragraph 1(c)(iii). Please indicate the provisions of the national legislation which authorize labour inspectors to enforce the posting of notices required by the legal provisions.

Article 19, paragraph 2. Please describe the content of periodical reports of inspectorate's divisions.

Article 26. Please provide information in respect of the decisions, if any, made by the competent authority in relation to this Article.

4. The Committee asks the Government to provide copies of the following documents:

-- Procedure for determination of occupational diseases, approved by the Government of the Republic of Lithuania on 12 July 1994;

-- Regulations for investigation and registration of accidents, approved by the Government of the Republic of Lithuania on 8 August 1994;

-- Resolution No. 1195 of the Government of the Republic of Lithuania "On the improvement of material base and encouragement of employees of institutions of control and some other state institutions", dated 28 November 1994;

-- Regulations of the ministry of social security and labour establishing job skill requirements for labour inspectors, procedure for their training, improvement of skills and testing (mentioned in article 19 of the Law on the State Labour Inspectorate).

-- Order No. 31 of the State Labour Inspectorate, dated 13 March 1995.