Weekly Rest (Industry) Convention, 1921 (No. 14) - Lithuania (Ratification: 1931)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 5 of the Convention. Compensatory rest. The Committee notes that under section 144(1) of the Labour Code, work performed on a rest day must be remunerated at double the pay rate. According to section 144(5), the employee may request that working time on days off, multiplied by the corresponding rate, be added to annual leave time. The Committee recalls that the basic purpose of the Convention is to provide workers with minimum rest periods at regular intervals in order to protect their health and well-being. The Committee requests the Government to indicate how it is ensured that in case of exceptions to weekly rest, compensatory periods of rest of at least 24 consecutive hours in every period of seven days are effectively granted, as far as possible, to employees working during their weekly rest, irrespective of any monetary compensation.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention. Compensatory rest. In its previous comment, the Committee drew attention to section 194 of the Labour Code, which provides that work performed on a weekly rest day may be paid at double the normal rate or, at the worker’s request, be compensated in the form of either another rest day or an extra day to be added to the annual leave. In its latest report, the Government indicates that such provision offers three options to the worker who may freely choose the type of compensation he or she prefers. Recalling the basic purpose of the Convention, which is to provide workers with minimum rest periods at regular intervals in order to protect their health and well-being, the Committee once more draws the Government’s attention to the fact that workers required to work on their weekly rest day – whether regularly or occasionally – should be granted, as far as possible, compensatory rest irrespective of any monetary compensation. The Committee recalls, in this respect, that similar provisions have been incorporated in Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Government is encouraged to ratify. The Committee accordingly requests the Government to consider appropriate steps in order to bring the national legislation into full conformity with the letter and the spirit of the Convention in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 4 and 6 of the Convention. List of exceptions. The Committee notes that section 161(2) and (3) of the Labour Code allows for exceptions to the normal weekly rest scheme in businesses, whether public or private, where work cannot be interrupted on technical grounds or due to the nature of services to be provided to the population. It also notes Government Resolution No. 587 of 14 May 2003 concerning special working time arrangements for specific economic branches, which prescribes special working time and weekly rest arrangements for workers employed in transport (passenger, road, railway, civil aviation, maritime, inland waterways, including maintenance services), telecommunications, postal services, agricultural companies, enterprises processing agricultural products, energy companies and their maintenance services, medical and caretaking institutions and fishing. The Committee requests the Government to provide, in accordance with Article 6 of the Convention, an updated list of all authorized exceptions to the normal weekly rest scheme.

Article 5.  Compensatory rest. The Committee notes that under section 194 of the Labour Code, work performed on a rest day must be remunerated at double the pay rate, or must be compensated by granting another day of rest during the month, or by adding that day to the worker’s annual leave. Recalling that the Convention requires that compensatory rest be provided, as far as possible, in all cases where the period of weekly rest is subject to total or partial exceptions, irrespective of any monetary compensation, the Committee requests the Government to consider the possibility of revising the Labour Code in this respect. It also draws the Government’s attention to the fact that according to the spirit of the Convention workers should not work for unreasonably long periods without receiving the rest periods to which they are entitled, and therefore there might also be need to re-examine the appropriateness of allowing the accumulation of compensatory weekly rest in the form of extra days of annual leave.

Part V of the report form. The Committee notes the inspection results concerning hours of work and weekly rest for the period 2006–07. The Committee would be grateful if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, the labour inspection results showing the number of contraventions of the legislation on weekly rest observed and sanctions imposed, copies of any relevant collective agreements containing provisions on weekly rest, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the information supplied in response to its direct request.

Article 4 of the Convention. The Committee notes that under section 161, paragraph 2, of the new Labour Code of 2002, an executive municipal body shall establish exceptions to the ordinary weekly rest days. The Committee recalls that possible exceptions may be authorized only after consultation with the representative organizations of employers and workers, where they exist, and account must be taken of humanitarian and economic considerations. The Committee requests the Government to indicate whether there is a procedure in place which includes consultation with employers’ and workers’ organizations on such exceptions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Articles 4 and 6 of the Convention. The Committee notes the information concerning the exceptions of the normal weekly rest scheme under section 57 of the Law on Labour Protection, and resolution No. 248. The Committee requests the Government to include in its next report a detailed list required by Article 6.

Part I of the report form. Resolution No. 248 on "Peculiarities of Work and Rest Time", adopted on 20 February 1996, and No. 144 "General Regulations of the Rest Regime During Working Day (Shift)" of the Republic of Lithuania, approved on 20 December 1995, is not available in full text at the Office. The Committee requests the Government to forward a copy of each resolution to the Office.

Part V of the report form. The Committee requests the Government to supply in its next report statistics concerning the number of workers covered by the relevant legislation as well as the number and nature of any contraventions of the Convention reported.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's latest report on the application of the Convention. It requests it to supply additional information on the following points.

Articles 1 and 4 of the Convention. Noting that section 57 of the Labour Code refers to sectors of activity whose hours of work and rest periods may be governed by a different regime from the common regime provided for under section 54 of the Code, the Committee wishes to draw the Government's attention to the fact that under Article 1(d) of the Convention, enterprises of transport of passengers or goods are considered to be "industrial undertakings" to which this provision applies. As regards the application of Article 4, the Committee recalls that possible exceptions may be authorized only after consultation with the representative organizations of employers and workers, where they exist, and account must be taken of humanitarian and economic considerations so as to limit such exceptions to the essential. The Committee requests the Government to indicate the manner in which effect is given to section 57 of the Labour Code and, where appropriate, to supply information on all total or partial exceptions authorized, specifying whether the representative organizations of employers and workers were consulted prior to the adoption of such exceptions.

Article 6. The Government is requested to transmit a detailed list of the exceptions granted in conformity with Article 4 of the Convention.

Article 7. The Government is asked to indicate the regulations or legislation which give effect to this Article and to provide copies of model notices and rosters.