Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Lithuania (Ratification: 1934)

Article 1(2) of the Convention. The Committee notes that in case of an accident at work involving an insured person in Lithuania, whether a national or a foreigner, the competent authorities will pay benefits into the bank accounts of these persons or to their dependants either in Lithuania or in another State, according to the relevant international treaty. Article 138(3) of the Constitution states that international treaties that have been ratified by the Parliament shall be a constituent part of the legal system of Lithuania, and Article 11 of the Law on Treaties of 22 June 1999 establishes that ratified treaties shall be binding upon Lithuania. The Committee wishes to recall in this respect that Convention No. 19 is an international treaty ratified by Lithuania, which requires that equality of treatment as regards workmen’s compensation for accidents should be equally granted to the nationals of all States which have ratified the Convention in case of their residence outside Lithuania, irrespective of whether a bilateral agreement has been concluded for this purpose.

The Committee notes from the information provided by the Government that no requests for payment of benefits have yet been made by insured persons or their dependants for the payment of social insurance benefits for accidents at work and occupational diseases to the place of residence abroad. The Committee considers that even though requests for the transfer of benefits abroad have not yet been made in practice, the competent social security bodies in Lithuania should be ready to deal with them in future in line with the country’s obligation under Convention No. 19. For this purpose, the Committee invites the Government to inform such competent authorities of their legal obligation to take measures for the transfer of benefits abroad to the nationals of countries that have ratified the Convention, as well as to the nationals of Lithuania, even in cases where no bilateral agreement has been concluded for this purpose with the country concerned.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has not included in its report certain information related to the application of the Convention in practice, including (i) information on the organization and working of the inspection services as regards industrial accidents, and (ii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Lithuania, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.