Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Scope of application. The Government indicates in its report that changes were introduced to the national legislation in order to implement Directive 2006/123/EC of 12 December 2006 on services in the internal market and, consequently, agencies offering employment opportunities abroad are now treated as other service companies in Lithuania. The Ministry of Social Security and Labour will therefore not be issuing licences to practice these activities. Private employment agencies must now notify their existence with the territorial labour exchange offices. The Committee notes that the number of private employment agencies operating in Lithuania has increased from 92 in 2011, 100 in 2012, 109 in 2013, and 108 in 2014. The Government indicates that neither direct nor indirect fees may be collected from jobseekers for employment intermediation services (Article 7 of the Convention). No exceptions concerning paid services of employment intermediation are provided for in the legislation. With regard to Article 10 of the Convention, the Government indicates that the Lithuanian Labour Exchange shall forward complaints and notifications of potential abuse and fraudulent practices related to the activities of private employment agencies to the police. The authorities supervise the activities of private employment agencies and are responsible for the prevention and investigation of illegal work. The Committee invites the Government to give a general appreciation of the manner in which the Convention is applied and indicate the number of workers covered by the measures giving effect to the Convention (Part V of the report form). Please also include extracts from reports of the inspection services, as well as updated information on the measures taken to eliminate fraudulent and illegal private employment agencies (Articles 10 and 14 of the Convention).

Article 8. Migrant workers protection. The Government indicates that, upon the request of the national temporary employment licensing service of the United Kingdom, the State Labour Inspectorate, the State Tax Inspectorate and the Police Department have inspected 13 companies and natural persons who, presumably, were carrying out activities of employment intermediation in July and August 2013. As a result of these inspections, an administrative offence protocol was drawn up for one of the companies who provided their services for payment in violation of the provisions of section 88 of the Labour Code. The Committee invites the Government to continue to provide information on the measures taken to provide adequate protection and prevent abuses of migrant workers placed in Lithuania by private employment agencies. Furthermore, the Government is also invited to provide information on any bilateral agreements concluded in this regard (Article 8(2)).

Article 12. Allocation of responsibilities of private employment agencies and user enterprises. The Committee notes that the Government has not provided information with respect to the application of Article 12 of the Convention. The Committee once again 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 corresponding extracts of legislative provisions dealing with the regulation of private employment agencies providing services domestically and in a transboundary context.

Article 13. Cooperation between public employment service and private employment agencies. The Committee notes that the Lithuanian Labour Exchange publishes information on the provision of intermediation services on its website every quarter. The Government indicates that, based on cooperation agreements concluded between the Lithuanian Labour Exchange and private employment agencies, such agencies are granted an opportunity to publish job announcements posted on the website of the Lithuanian Labour Exchange on their own websites. The Government adds that private employment agencies are allowed to seek for candidates to job vacancies using the database of jobseekers registered with the territorial labour exchange offices. The Committee requests the Government to indicate how the personal data of jobseekers is protected in this regard (Article 6). The Committee also invites the Government to report on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically.