Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 81) sur l'inspection du travail, 1947 - Lituanie (Ratification: 1994)

Autre commentaire sur C081

Observation

2022

Demande directe

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Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. Labour inspection activities with regard to resolution of labour disputes. The Committee notes that, in accordance with section 8 of the Regulations of the State Labour Inspectorate of the Republic of Lithuania approved by Order No. A1-316 of 12 May 2009, the State Labour Inspectorate (SLI) organizes the work of labour dispute commissions (LDCs). Furthermore, in accordance with section 221 of the Labour Code, which entered into force on 1 July 2017, labour dispute commissions operate under the territorial offices of the State Labour Inspectorate and the labour dispute commission chairperson is a civil servant of the State Labour Inspectorate. In this respect, the Government provides detailed information regarding the activities of labour dispute commissions, including the types of claims examined and the decisions taken. The Committee notes that the labour dispute commissions received 5,500 requests for settlement of labour disputes in 2016, 7,350 requests in 2020 and 2,284 requests in the first half of 2021. The Committee notes that according to the Government, during 2020, 23 operating LDCs processed an average of 599 claims each. Recalling that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of those primary duties, the Committee requests the Government to indicate if the civil servants of the SLI who perform the functions related to dispute resolution outlined in the Labour Code also perform labour inspection functions, and if so, what proportion of their time and resources are devoted, respectively, to dispute resolution functions and labour inspection functions.

Articles 5(a), 17 and 18. Cooperation between the SLI and the judiciary, legal proceedings and penalties. The Committee notes the Government’s indication, in response to the Committee’s previous request, that a cooperation agreement No. 17.9-3334 / BD-A-5 was signed on 6 October 2015 between the Prosecutor General Office of the Republic of Lithuania and the State Labour Inspectorate of the Republic of Lithuania under the Ministry of Social Security and Labour. It notes that under the agreement, SLI inspectors involved in the investigation of serious and fatal accidents at work shall be allowed to access pre-trial investigation materials, obtain information from pre-trial investigation officers about the causes of the death of victims at work, and access the minutes of witness interviews and other pre-trial investigation information significant for the SLI’s investigation. The Committee requests the Government to continue to provide information on the cooperation with the prosecutor’s office. The Committee also requests the Government to provide information on the number of cases referred to the prosecutors by labour inspectors and on the outcome of those proceedings, including sanctions assessed and collected, and any instances of imprisonment.

Articles 12 and 15(c). Inspection visits without previous notice and confidentiality of complaints. Regarding the possibility of carrying out inspection visits without previous notice, the Committee notes that according to the Government report, companies, institutions and organizations are informed about the planned inspections of the SLI by sending a notice in the prescribed form to their official e-mail address (if this is not technically possible, by fax). The notice of a scheduled inspection may be sent by post to the registered or other known business address declared by the company, institution or organization. The Government also indicates that SLI inspectors shall notify economic subjects of unscheduled inspections upon arrival. The Committee notes that, according to section 20 of the Order No. V-334 of 29 July 2014, on the Approval of the Rules for the Inspection of the Activities Economic Entities by the State Labour Inspectorate of the Republic of Lithuania, unscheduled inspections can be carried out only in the presence of a justified decision of the Chief State Labour Inspector, of the Head of the Territorial Division of SLI or of the Head of the SLI Prevention of Psychological Violence at Work in specific cases, such as (i) upon receipt of a written reasoned request or order from another competent public administration entity, (ii) upon receipt of an anonymous complaint about the actions or omissions of a particular economic entity, when, after evaluating the available information, there are suspicions that the activities of the economic entity may pose a threat to the values protected by legal norms, or (iii) upon receipt of a report of an incident at work that causes damage to the employee's health. The Committee notes that, according to the information provided by the Government, over the last decade, the SLI has been consistently seeking to reduce the number of unplanned inspections in order to save SLI’s limited human resources for carrying out the functions assigned to SLI.

The Committee recalls that unannounced visits enable the inspector to enter the inspected premises without warning the employer or his or her representative in advance, especially in cases where the employer may be expected to attempt to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection (see 2006 General Survey on labour inspection, paragraph 263). With respect to the Committee’s previous request regarding the confidentiality of complaints, the Committee notes the Government’s indication that the Chief State Labour Inspector has also established in his orders that when a request for an unscheduled inspection of an economic entity aimed at examining a complaint is received, SLI’s inspectors are not allowed to disclose the identity of the complainant and divulge relevant information. The Committee requests the Government to indicate the number of scheduled and unscheduled inspection visits, and the number of both types of inspection visits that are conducted with previous notice to the economic entity. The Committee also requests the Government to indicate the number of unscheduled inspections that are conducted as a follow up to a complaint, the violations identified, and penalties applied.

Articles 20 and 21. Annual inspection report. The Committee notes that according to section 6, paragraph 13 of the new Labour Code, the SLI, by the 31st of December of 2019 and each subsequent year, shall submit a certificate on Labour Code implementation, monitoring and assessment of the results achieved to the Government and the Seimas with statistical information on the implementation of the Labour Code. The Committee notes that the annual reports of activity of the SLI are available on its website. The Committee requests the Government to ensure that the labour inspection report includes all the information required by Article 21.