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

The Committee takes note of the comments made by the Confederation of Trade Unions of Albania (CTUA) and the International Trade Union Confederation (ITUC) in August 2009.

Article 1 of the Convention. Protection of workers against acts of anti‑union discrimination. In its previous comments, the Committee asked the Government to provide statistics of the number of complaints of anti-union discrimination heard in the past five years. The Committee notes the information to the effect that eight cases of anti-union discrimination were brought to the attention of the Ministry of Labour and were settled by conciliation except for one case which was referred to the courts of law. The Committee observes that the CTUA expresses regret that the law does not allow workers to obtain compensation of up to one year’s pay rather than reinstatement in their jobs. The CTUA further indicates that anti-union dismissals are now affecting those close to trade unionists (spouses, relatives). The Committee reminds the Government that the Convention prescribes adequate protection against acts of anti-union discrimination and invites the Government to join forces with the social partners to examine the matter of remedies for anti-union dismissals, it being understood that systems providing for preventive measures (such as prior authorization), sufficiently dissuasive sanctions or reinstatement, are deemed to be compatible with the Convention. The Committee requests the Government to indicate all progress made in this regard.

In its previous comments, the Committee asked the Government to indicate the measures taken to establish the arbitration tribunal and the labour court envisaged in the 2003 Labour Code. The Committee notes with regret that according to the Government, although the legal framework exists and efforts have been made by the Ministry of Labour, Social Affairs and Equal Opportunities, these bodies have still not been established. The Committee notes that in their respective communications, the CTUA and the ITUC regret this situation. Recalling once again that general legal provisions prohibiting acts of anti-union discrimination are not enough unless they are accompanied by procedures ensuring effective protection against such acts, the Committee urges the Government to take all necessary steps without delay to establish the arbitration tribunal and labour court provided for in the Labour Code so as to provide effective and rapid procedures affording protection against acts of anti-union discrimination.

Article 4. Promotion of collective bargaining. The Committee noted previously that under section 161 of the Labour Code, collective agreements may be concluded at enterprise or branch level and requested the Government to indicate whether collective bargaining is possible at national level. The Committee notes that in referring to collective bargaining at national level, the Government reiterates that no collective agreements have, as yet, been concluded, other than one memorandum of understanding concluded in 2003–04 with the CTUA, the Independent Trade Union of Miners and the Union of Independent Trade Unions of Albania (BSPSH). Noting that the National Labour Council resumed activities in 2006, the Committee asks the Government to submit to the Council the matter of promoting collective bargaining in the public and private sectors, including at national level, and to supply information on developments in collective bargaining in practice, including the negotiation of the collective agreements in force, at all levels, and the number of workers covered by them.

The Committee reminds the Government that it may seek technical assistance from the Office in dealing with all the points raised.