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

Maternity Protection Convention, 2000 (No. 183) - Lithuania (Ratification: 2003)

Article 4(4) of the Convention. Compulsory period of postnatal leave. The Committee takes note of the information provided by the Government in reply to its previous comment, stating that a period of mandatory postnatal leave of 14 days (2 weeks), provided by article 132 of the Labour Code, has been agreed in the Tripartite Council which advises the Parliament and the Government on social, economic and labour policy issues and which is made up of an equal number of members (central trade unions, employers’ organizations and government representatives).

Article 6(2) and (6). Maternity benefits paid out of social assistance funds. The Committee notes that, according to section 10 of the Law on Benefits to Children, 2011, women who are not entitled to maternity allowance are granted a lump sum corresponding to two basic social cash benefits. According to the Ministry of Social Security and Labour on social assistance to families and children, the basic social cash benefit is paid per person to families and single residents unable to provide themselves with sufficient funds for living. The Committee takes note of the information provided by the Government that social cash benefit is paid at a rate of €240 per month. The Committee observes that a woman would then receive, for herself and her baby, an amount of €480, which is below the 2021 Eurostat at-risk-of-poverty of €483.41 per month. The Committee further observes that, in its 2021 conclusions on the application of Article 13(1) on the right to social and medical assistance of the European Social Charter, the European Committee of Social Rights noted that the combined level of basic and supplementary benefits available to a single person without resources in Lithuania was not adequate. In view of the above,the Committee requests the Government to provide information on the measures taken to ensure that social cash benefits provided to women workers who do not qualify for social insurance maternity benefits are set and maintained at a level sufficient to allow these women to maintain themselves and their children in proper conditions of health and with a suitable standard of living, in accordance with Article 6(2) of the Convention. In addition, the Committee requests the Government to provide statistical information on the total number of women protected by the Convention who have received social cash benefits during their maternity leave and on the amount received, over the next reporting period.

Article 9(2). Prohibition of pregnancy tests. The Committee notes that, under article 26 of the Labour Code, discrimination on grounds of gender in relation to access to employment is prohibited. Recalling that Article 9(2) of the Convention requires measures be taken to prohibit employers from requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment, the Committee requests the Government to indicate the provisions of its legislation giving effect to this requirement of the Convention, and to provide information of the reparations and sanctions applied in case of violation.