Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government’s report received in September 2005, as well as the comments of the Confederation of Trade Unions of Albania (CTUA), which were forwarded to the Government in October 2004.

2. Tripartite consultations required by the Convention. In its report, the Government recalls that, according to section 200 of the Labour Code and Decision No. 730 of the Council of Ministers, ILO activities are addressed by the National Council of Labour (NCL) and by its specialized commissions. The NCL holds consultations with the most representative employers’ and workers’ organizations, with regard to Conventions to be ratified and denounced, as well as on measures to be taken concerning the implementation of Conventions. During the reporting period, the Government indicates that Conventions Nos. 88, 122 and 168 were discussed by the NCL and its specialized commissions. The Government also indicates that all the expenses necessary for the organization of the NCL’s meetings and its specialized commissions were covered by the budget of the NCL and that seminars and workshops have been organized with the employers’ and workers’ organizations and their expenses were covered by the Ministry of Labour and Social Affairs or by non-profit organizations.

3. The Government further indicates that consultations required under Article 5 of the Convention are scheduled according to a yearly plan. In addition, unplanned meetings can be held with regard to various issues, upon the request of the social partners who are represented in the NCL. The Government points out that during the reporting period, several studies have been the object of consultations and discussions, amongst which it states the following: "Defining the minimum wage according to the sectors of the economy", amendments of the Law on "Promotion of Employment and Social Insurances", discussion on the draft Law on "System of Labour Inspection and the State of Labour Inspectorate". The Committee takes due note of this information.

4. For its part, the CTUA states in its October 2004 comments that many important issues that should be discussed at the NCL level are set aside and that the current status of the NCL’s secretariat prevents it from being truly efficient. In this regard, the Committee asks the Government to address the CTUA’s comments in its next report. It also recalls that the Government and the social partners should establish procedures which ensure effective consultations in a manner that is satisfactory to all parties concerned. It asks the Government to keep providing detailed information on the measures taken in order to ensure effective tripartite consultations within the meaning of the Convention, including further information of the consultations held by the NCL on each of the subjects listed in Article 5 during the period covered by the next report.