Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the comments of the Confederation of Trade Unions of Albania (CTUA) dated 31 August 2007 and 26 August 2009 on the application of the Convention. The Committee also notes the Government’s observations, dated 3 October 2007 on the earlier comments of the CTUA. The Committee requests the Government to provide in its next report comments on the most recent observations by the CTUA.

Articles 1 and 2 of the Convention. The Committee had noted in its previous comments that, according to the CTUA, Law No. 8549 of 11 November 1999 on the Status of Civil Servants, which guarantees to civil servants as defined in section 2(1), the right to form and join labour unions and take part in decision-making processes relating to their working conditions, is not applicable to employees in the customs, taxation and local governance offices (prefectures). The Committee notes that the Government indicates in its report that section 20 of the Law on the Statute of Civil Servants, all civil servants, including those in the areas of duties, taxes, customs and local authorities have the right to establish and join trade unions. The Committee notes that the CTUA indicates in its report that these guarantees should be supported with legal acts as regards to these workers.

The Committee notes with concern the Government’s statement that no public workers’ trade unions have yet been established.

Article 4. Protection against anti-union discrimination of public workers. The Committee noted in previous comments that by virtue of section 4 of Law No. 7961, dated 7 December 1995, the Code of Labour of the Republic of Albania, protection against anti-union discrimination granted by sections 10 and 146(1)(e) of the Code is applicable to civil servants covered by Law No. 8549. The Committee previously requested the Government to indicate in its report whether all categories of employees in the public sector and all civil servants enjoy such protection from anti-union discrimination. The Committee notes that the Government indicates that public workers covered by the Labour Code are entitled to establish and become members of trade unions as guaranteed by article 50 of the Constitution and sections 177–179 of the Labour Code. Article 10 of the Labour Code, in addition, guarantees protection against discrimination of workers with regard to employment or occupation because of their membership, or lack of membership, in a trade union. The Government also indicates that civil servants, under section 20(d) and (dh) of the Law on the Status of Civil Servants and section 4 of the Labour Code, are entitled to organize and participate in decision-making processes with regard to working conditions. The Committee requests the Government to keep it informed of any progress in this regard.

Article 5. Protection against acts of interference. In previous comments, the Committee noted that sections 184–186 of the Labour Code prohibit any acts of interference by state bodies and employers in the establishment, functioning or administration of employees’ organizations and article 202 sanctions violations of these provisions. The Committee also noted however that the rules on labour union activities of civil servants have not been formulated yet as required under section 20(d) of Law No. 8549 on the Status of Civil Servants. The Committee notes that the Government indicates that no regulations on the functioning of the civil workers’ trade unions have been set, but that section 4 of the Labour Code and section 1(3) of the Law on the Status of Civil Servants do apply to civil servants. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to formulate the said rules under sections 184–186 of the Labour Code, and to transmit a copy of the rules, when adopted.

Article 6. Facilities for workers’ representatives. The Committee previously noted that section 181(7) of the Labour Code requires employers to create all the necessary conditions and facilities for the elected representatives of the organizations of employees to normally exercise their functions, which are defined in the collective contract. Noting that the Government indicates that, under section 4 of the Labour Code, trade union representatives are entitled to all necessary facilities provided for in section 181(7), the Committee once again requests the Government to indicate in its next report whether the civil servants covered by the Law on the Status of Civil Servants have entered into collective contracts defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also once again requests the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work.

Article 7. Participation in the conditions of employment determinations. The Committee noted in its previous comments that section 20(dh) of the Law on the Status of Civil Servants guarantees to civil servants the right to take part through labour unions or representatives, in decision-making processes relating to working conditions. Article 4(3) of the Law on the Status of Civil Servants provides that the Council of Ministers shall issue instructions on the negotiation of working conditions with labour unions or representatives in the institutions of the central administration subordinated to it. The Committee notes that the Government indicates that regulations as regards to the functioning of the civil servants’ trade union activities have not yet been determined, though public employees may establish organizations as provided for in Article 4 of the Labour Code. The Committee therefore once again requests the Government to indicate in its next report the measures taken or envisaged to issue the requisite instructions under section 4(3) of the Law on the Status of Civil Servants and to transmit a copy of the instructions, when issued.

Article 8. The Committee had indicated in several of its previous comments that, according to the CTUA, the mediation, conciliation and arbitration procedures provided for in sections 188–196 of the Labour Code for the resolution of collective disputes have never functioned normally and that boards of conciliation are not always set up in order to settle labour disputes. The Committee notes that the Government indicates in its report that according to the Labour Code, sections 189–196, employment disagreements are solved through the means defined in the collective agreement or through mediation, Reconciliation Offices, Arbitration Court or the courts.