Occupational social security schemes (Chapter 2 of Directive 2006/54)

• Author: Davulis, Tomas
• Pages: 35-36

35

6 Occupational social security schemes (Chapter 2 of Directiv e 2006/54)

6.1 General (legal) context

6.1.1 Surveys and reports on the practical difficulties linked to occupational and/or

statutory social security issues

No surveys and/or reports that provide insights into difficulties that workers face in

practice in relation to work-life balance have been published in Lithuania over the last five

years.

6.1.2 Other issues related to gender equality and social security

No other issues related to gender equality and social security can be identified so far.

6.1.3 Political and societal debate and pending legislative proposals

There are no political and societal debate or pending legislative proposals with regard to

changes in the occupational social security scheme because of th e insi gnificance of the

schemes for Lithuanian employees. In addition, there is also lack of knowledge and

experience about possible gender related inequalities with regard to pension schemes in

general.

6.2 Direct and indirect discrimination

Pursuant to Article 9(1) of the EOAWM, it shall be prohibited to discriminate against

persons on grounds of sex when establishing and applying social security p rovisions,

including those that amend or supplement the state so cial insurance system:

1) when establishing possibilities for participation and usage;

2) when establishing contributions and their amount;

3) when establishing benefits, including additional benefits, for spouses and dependent

persons, as well as whe n establishing the duration of the right to benefit s and their

retention.

Discrimination is defined by the Article 2(1) of the EOAWM and encompasses both direct

and indirect discrimination.

Discrimination shall be prohibited when establishing and applying social security provisions

in regard to sickness, disabilit y, old age, early r etirement, accidents at work and

occupational diseases or unemployment, and social security provisions that provide for

any type of social benefits, including survivor’s and orphan’s pensions, benefits and

material allowances.

6.3 Personal scope

Article 9(3) of the EOA WM provides that the prohibition of discrimination on grounds of

sex shall apply for employed persons including self -employed persons, persons who have

terminated their employment due to sickness, maternity, accident or involuntary

unemployment, as well as jobseekers, pensioners, disabled em ployees and persons who

are entitled to demand benefits on their behalf.

This means that public servants and other categories of state employees who are covered

by the system of state pensions (officials an d military personnel, academics and judges)

are clearly covered by the principle of non-discrimination to this extent. The same is true

for self-employed persons, who are not yet mentioned elsewhere in eq uality legislation.