Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Private Employment Agencies Convention, 1997 (No. 181) - Lithuania (Ratification: 2004)

The Committee notes the report received in August 2009 and the information it contains in reply to the 2007 direct request. The Government reported that inspections are conducted at least once every three years or if grounds to initiate administrative proceedings exist. It further reports that while licensed private employment agencies providing mediation services abroad are controlled by the Lithuanian Labour Exchange and the State Labour Inspectorate, unlicensed agencies are usually detected by other government authorities. The Committee notes that from October 2006 until October 2007, 25 licences were suspended due to violations of conditions of licensing activities and 17 licences terminated as the discrepancies were not rectified. From October 2007 until October 2008, three licences were suspended for the same reasons and the discrepancies rectified within the 30-day period. The Committee invites the Government to include in its next report information on any complaints, alleged abuses or fraudulent practices which may have been occasioned and on how it is ensured that complaints are investigated (Article 10 of the Convention). It further invites the Government to continue to provide information on the supervisory mechanisms and on adequate remedies (Article 14(2) and (3)) and to provide data on the number of workers covered by the Convention and the number and nature of infringements, besides unlicensed activity, reported (Part V of the report form).

1. Article 2, paragraph 4. Exclusions. The Government indicates that besides the Labour Code, no special regulation of conditions of activities exist. The Committee invites the Government to provide information on whether it has prohibited the operation of private employment agencies in certain categories of workers or excluded certain workers from the scope of the Convention.

2. Articles 3 and 13. Legal Status, conditions governing the operation. Cooperation between public employment service and private employment agencies. The Government indicates that besides the Labour Code, no special regulations of conditions of activities exist. The Government further states that licensed private employment agencies engaged in mediating labour abroad are required to provide a monthly report, which the Lithuanian Labour Exchange publishes on a quarterly basis. The Committee requests the Government to provide specific information on the legal status and conditions governing the operation of private employment agencies acting domestically (Article 3). The Committee also requests the Government to provide information on the reporting requirement of private employment agencies not engaged in mediating labour abroad. Please also specify the information to be supplied and on the content of the information to be provided by all private employment agencies (Article 13).

4. Articles 7, paragraph 2. Fee-charging private employment agencies. The Government reconfirms that mediation services for employment abroad can either be charged for or are free of charge. The Committee recalls that authorization for exceptions to the provision of Article 7(1) by the competent authority is subject to the condition that the exception be “in the interests of the workers concerned” and applies only to “specified categories of workers and certain clearly defined services provided by the private employment agencies in question” (Article 7(2)). Furthermore, the competent authority has to consult the most representative organizations of workers and employers. The Committee therefore again asks the Government to indicate in its next report all the categories of persons and the types of services for which the competent authority has authorized exceptions to charge fees and to indicate which organizations of employers and workers have been consulted on this matter and to provide data on the number of workers affected by these exceptions.

5. Article 8. Migrant workers protection. The Government describes the procedures to be undertaken by third country nationals to work in Lithuania. The Committee again requests the Government to provide information on measures put in place to provide adequate protection and prevent abuses of migrant workers placed in Lithuania by private employment agencies. Furthermore, the Government is requested to provide information on any bilateral agreements concluded in this regard (Article 8(2)).

7. Article 12. Allocation of responsibilities of private employment agencies and user enterprises. The Government states that that the provisions of the Labour Code are applied. It further refers to Government Resolution No. 569 of 6 June 2007 approving the draft Law on outsourcing. The Committee requests the Government to indicate how national laws or regulations allocate responsibilities between private employment agencies and the user enterprise in the areas described in this Article and on any developments in regard to the Law on outsourcing. The Committee further invites the Government to include in its next report corresponding extracts of legislative provisions dealing with the regulation of private employment agencies providing services domestically and in a transboundary context.