Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the first detailed report sent by the Government on the application of the Convention, which covers the period ending in May 2001. It notes the various laws and regulations to give effect to the provisions of the Convention. It requests the Government to provide specific information on the following.

Article 7 of the Convention. The Committee notes article 19 of Decision No. 71 of the Council of Ministers (11 February 1999) under which the Minister of Finance and the Minister of Labour and Social Affairs are responsible for issuing ordinances to determine the rates of services offered by private employment agencies. It also notes that, according to the Government, all the services provided by private employment agencies are so far free of charge. Please indicate any laws or regulations ensuring that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

Article 8, paragraph 1. Please indicate the measures taken or envisaged to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in the national territory.

Article 8, paragraph 2.  The Committee notes the provisions of article 15 of Decision No. 71 under which private employment agencies are required to apply bilateral agreements concluded between Albania and the governments of the countries concerned on the placement of Albanian citizens outside the national territory. Please indicate whether the bilateral agreements contain terms which prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and the content of the terms.

Article 10. Please describe the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11. Please describe the measures taken or envisaged, in accordance with national legislation and practice, to ensure adequate protection for workers employed by private employment agencies in respect of access to training (paragraph (f)).

Article 12. Please indicate, for each of the items of this Article, the respective responsibilities of private employment agencies and user enterprises.

Article 13, paragraphs 1 and 2. The Government indicates in its report that private employment agencies supply information to the public employment service in accordance with article 17 of Decision No. 71. The Committee indicates that, for the purpose of implementing the Convention, this Article of the Convention requires the public authorities to retain final authority for formulating labour market policy and utilizing or controlling the use of public funds earmarked for the implementation of that policy. In view of that circumstance, the Committee requests the Government to describe the procedures for cooperation between the public employment service and private employment agencies and to indicate in particular the nature of the information exchanged.

Article 13, paragraph 4. Please specify the information which is made publicly available and the intervals at which this is done.

Part V of the report form. Please provide all information relevant to the practical application of the Convention, including, for example, extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.