Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report as well as of the observations made by the Confederation of Trade Unions of Albania (KSSH) and the Government’s reply thereto. It also notes the comments made by the International Trade Union Confederation (ITUC) concerning issues already raised by the Committee and the Government’s response thereto.

Article 3 of the Convention. Right to strike. 1. The Committee recalls that its previous comments concerned the need to ensure that public servants who do not exercise authority in the name of the State are able to exercise the right to strike, given the comprehensive prohibition of this right for all workers in the public service. The Committee notes with interest from the Government’s report that an amendment of the law on civil employees’ status is being envisaged so as to provide authorization to stage a strike, subject to a minimum service requirement. The Committee recalls that the establishment of minimum services in the case of strike action should only be possible in: (1) services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (2) services which are not essential in the strict sense of the term but where the extent and duration of a strike might be such as to result in an acute national crisis endangering the normal living conditions of the population; and (3) in public services of fundamental importance. The Committee requests the Government to indicate in its next report any progress made with a view to amending the law on civil employees’ status so as to allow public servants who are not engaged in the administration of the State to exercise the right to strike and to communicate a copy of the draft amendment as soon as it is adopted.

2. The Committee observes that section 197/7(4) of the Labour Code provides that a sympathy strike shall be lawful if it is staged in support of a lawful strike, which is organized against an employer who is actively supported by the employer of the sympathy strikers. The Committee emphasizes that workers should be able to stage sympathy strikes provided the initial strike they are supporting is itself lawful (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 168). The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged with a view to amending section 197/7(4) of the Labour Code in line with the above.

3. Finally, noting that the Government’s report does not contain the information previously requested with regard to section 197/4 of the Labour Code, the Committee once again requests the Government to clarify the meaning of “extraordinary situation” in which a strike may be suspended and the body responsible for making the relevant determination.