ANNUAL REPORT OF 2019 ON THE ACTIVITIES OF THE SEIMAS OMBUDSMEN’S OFFICE OF THE REPUBLIC OF LITHUANIA
Investigation into the fundamental
human rights problems in the
sphere of regulation of social insurance
of the employed convicts
The Seimas Ombudsman initiated the investigation
into the fundamental human rights problems in
the field of regulation of state social insurance 10
of the employed convicts during which it was
assessed whether the current legal regulation
when the time spent by the convicted serving
imprisonment sentences working in prison
institutions is not included in the length of service
of these types of social insurance required under
the Law on Unemployment Social Insurance
and the Law on Social Insurance Pensions for
receiving benefits, proportionately restricts the
right of the convicted to accumulate the length
of service and whether such restriction is in
compliance with the national penal enforcement
policy objectives.
The investigation found that under the legal
regulation currently in force in the country, persons,
who work outside the places of imprisonment and
are linked to the policyholder by employment
legal relationships (work under employment
contracts) or relationships corresponding to the
essence of employment relations are covered
by social insurance for pensions, sickness,
maternity, unemployment, accidents at work
and occupational diseases, thus increasing the
length of their state social insurance to receive
appropriate social insurance types of benefits
in a proportionate manner during this period of
insurance, as well as social guarantees available to
the person if necessary. After analysing the caselaw formulated by the courts and the arguments
presented by scientists, it can be assumed that
Report No NZTI-2018/1-2 of the Seimas Ombudsman
on fundamental human rights problems in the area of
the regulation of state social insurance of the working
convicted.
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the employment (work activities) of the convicted
employed in places of imprisonment and in
the State Enterprise ‘Mūsų amatai’ has specific
characteristics of the employment relationships
when the products or services produced by
the inmates during their employment (working
activities) can/are provided to other persons for
commercial purposes (for generating income);
therefore it should be assumed that persons
serving imprisonment sentences in correctional
institutions and/or in the State Enterprise ‘Mūsų
amatai’ are not covered by the state social
insurance for unemployment and pensions. In
view of the above, it should be concluded that
the existing legal regulation disproportionately
and unjustifiably restricts the possibilities of the
employed convicts to accumulate the length of
service required for the particular state social
insurance benefit while working in good faith and
thus become eligible for social guarantee.
During the investigation, it was also established
that while Article 129 of the Code of Civil
Procedure de jure leaves the possibility for persons
serving prison sentences to obtain voluntary state
social insurance thereby shifting to them the
responsibility for their future social guarantees,
the persons de facto serving prison sentences
can voluntarily be covered only by sickness
social insurance and maternity social insurance,
but such legal regulation does not contribute to
ensuring social security after sentenced persons
leave prison, thus creating preconditions for
social exclusion of persons after their release from
imprisonment.
In regard to the circumstances established during
the investigation, the Seimas Ombudsman
recommended to the Government to consider
the possibility of including all persons serving
imprisonment sentences (including those employed
in prison institutions and in the State Enterprise
‘Mūsų amatai’) in the state social insurance system
by insuring them with pension social insurance and
unemployment social insurance.
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