Matters specifically relating to labour inspection in agriculture

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1)(a)–(b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a)–(b) and (3), and 19 of Convention No. 129. Inspections in the field of occupational safety and health (OSH). The Committee previously noted the Government’s statement that, in general, the level of implementation of OSH legislation was not satisfactory, and that the number of occupational accidents remained high.

The Committee notes the statistical information provided by the Government in its report on the number of injuries and fatalities at work and suspected cases of occupational diseases from 2017 to the first three months of 2020. It notes with concern a rising number of fatalities due to occupational accidents (137 injuries including 18 fatalities in 2017, 195 injuries including 27 fatalities in 2018 and 176 injuries including 38 fatalities in 2019). The Government indicates however, that the first 3 months of 2020 saw a reduction in injuries and fatalities compared to the same period of 2019. The Government also indicates that measures were undertaken to raise the awareness on accident reporting, as well as steps to facilitate their reporting at any hour and day of the week and increase the channels of information collection through collaboration with other institutions.The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of the labour inspectorate with respect to occupational safety and health issues. It requests the Government to continue to provide information on the number of occupational accidents and cases of occupational disease notified to the labour inspectorate.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Labour inspection activities relating to undeclared work. Following its previous comments, the Committee notes the indication of the Government that, in 2019, a total of 2,879 employees were identified during inspection activities as uninsured. The suspension of work was ordered until the inclusion of these workers in the social and health insurance scheme and that subsequently 2,794 workers were provided with insurance. The Committee further notes the statistical information provided by the Government on undeclared work disaggregated by economic sectors and regions.The Committee requests the Government to continue to provide statistical data on the number of workers who, as a consequence of inspections, were granted their due rights concerning the legal provisions relating to conditions of work, including the payment of overdue wages and social security contributions, as well as the conclusion of employment contracts.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training. The Committee notes the information provided by the Government, in response to its previous request, regarding trainings provided to labour inspectors, including several trainings on labour legislation, sector-specific information, inspection methodology and child labour. In 2018, 128 inspectors received training, and 118 inspectors in 2019. The Committee also notes the detailed information provided by the Government regarding the launching of the “penalty matrix”, a platform aimed at enabling a clear orientation in the implementation of the labour legislation. The Government indicates that in 2018, 11 newly recruited inspectors and chief inspectors received training on this matrix.The Committee requests the Government to continue to provide information on the content, frequency and duration of the training given to inspectors as well as the number of participants.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of the labour inspection services. Following its previous comments, the Committee takes due note of the Government’s indication that the annual reports on the work of the labour inspection services are available online, and notes the detailed reports available on the inspectorate’s website.The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, and to ensure that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention 129, including statistical information on workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129).

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

COVID-19 measures. The Committee notes the Government’s statement in its report regarding the labour inspection activities related to COVID-19. In particular, the Government indicates that the State Labour Inspectorate and Social Services (SLSSI), together with the State Health Inspectorate, is part of a task force responsible for monitoring the relevant protocols to reduce the transmission of infection among employees with a view to ensuring a safe and healthy working environment.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted that the number of labour inspectors was not sufficient to perform fully the inspection tasks required by law and that the lack of financial resources limited the ability of inspectors to travel. The Committee notes with concern the Government’s indication in its report that the number of employees of the SLSSI remains unchanged at 155, with 37 at the central level and 118 at the regional level. It also notes the Government’s indication that the total budget of the SLSSI for 2020 amounts to 186,300,000 Albanian lek (ALL) (approximately US$1,781,000) of which ALL120,278,000 (approximately US$1,150,000) is the salary fund, ALL20,086,000 (approximately US$192,000) is the Social Insurance Fund and the rest are investments and operating expenses. Six vehicles are available, of which three are used by the Central Directorate. Only three out of 12 regional branches have a vehicle at their disposal. Moreover, the Government indicates that there are 46 tablets and 55 laptops available for inspectors. The Committee urges the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, including the provision of suitably equipped offices and necessary transport facilities. The Committee also once again requests the Government to provide specific information on the staffing and material means of the SLSSI in performing inspections in agriculture, including transportation and local offices.

Articles 12(1) and 16 of Convention No. 81 and Article 16(1) and 21 of Convention No. 129. Right of inspectors to free entry of workplaces and undertaking of inspections as often as is necessary to ensure the effective application of the relevant legal provisions. The Committee previously noted that 10 per cent of inspections were unscheduled and/or emergency inspections, for which an authorizing officer shall issue an authorization within 24 hours.

The Committee notes the Government’s information that 13,079 entities were inspected in 2019, of which 78 per cent were planned inspections. Among the 2,823 unscheduled inspections, 197 were due to occupational accidents, 600 were in response to complaints and 2,026 were carried out following indications of flagrant violations. During the first three months of 2020, a total of 2,524 entities were inspected, of which 90 per cent were planned inspections. Among the 239 unscheduled inspections, 38 were due to occupational accidents, 135 were in response to complaints and 66 were carried out following indications of flagrant violations.

The Committee also notes the Government’s reference, regarding inspection procedures, to Law No. 10433 of 2011 on inspection and Law No. 9643 of 2006 on labour inspection. Section 13 of the Law on labour inspection provides that the labour inspector and controller are authorized to enter the working premises of any entity without prior notice. According to section 26 of the Law on inspection, inspections shall be carried out in the implementation of the inspection programme as a principle, and “off-programme” inspections may only be carried out in prescribed situations. Section 27 of the Law on inspection also provides that the administrative inspection procedure is initiated as a rule, upon the issuance of the authorization by the Chief Inspector or the chief inspector of the territorial branch. The inspection may only be initiated without authorization where a flagrant violation is found to be occurring or the occurrence of events, accidents or incidents that have affected or may affect life or health or the environment. The initiation of such an inspection shall be noted immediately in a special part of the inspection report, and the inspector is obliged to notify, without delay, the person responsible for the issuance of the authorization. Section 27 further provides that although the issuance of an authorization in violation of the relevant provisions shall not invalidate the decision of the inspection, it does constitute a disciplinary violation.

Referring to its 2006 General Survey, Labour Inspection, paragraphs 265 and 266, the Committee observes that, restrictions maintained on inspectors’ free initiative in this regard, such as the requirement for a formal authorization issued by a higher authority, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments. The Committee requests the Government to take the necessary legislative measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee requests the Government to provide information on the measures taken in this regard and to continue to provide information on the undertaking of inspections in practice, indicating the number of scheduled and unscheduled inspections, as well as the total number of workplaces liable to inspection. Lastly, the Committee requests the Government to provide information on any disciplinary measures imposed on labour inspectors related to the procedures for the authorization of inspection under the Law on inspection.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the Government’s indication, in response to the Committee’s previous comments on the remuneration scale and career prospects of labour inspectors, that the transfer and promotion of labour inspectors, as civil servants, is subject to Law No. 152 of 2013 on the Civil Service, as well as Decision of the Council of Ministers (DCM) No. 243 of 2015 on admission, movement, probationary period and appointment in the executive category and DCM No. 242 of 2015 on filling vacancies in the lower and middle management category. Regarding the current levels of remuneration, the Government provides information on the current salary categories of labour inspectors, and indicates that field inspectors receive a basic salary of ALL38,000, with a supplemental salary related to educational level and seniority. The Government also indicates that it is unable to provide comparative information between labour inspectors and tax inspectors due to limited data. The Committee further notes the Government’s indication that the issue of the payment of inspectors will be addressed in the framework of the salary and job classification reform in process. The Committee requests the Government to pursue its efforts to improve the conditions of service of labour inspectors within the framework of the current salary and job classification reform, and to provide information on any progress made or results achieved.It also requests the Government to strengthen its efforts to ensure the availability of comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers, and to provide this information, when available.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee previously noted the Government’s indication that the policy pursued by the SLSSI intended to reduce the number of fines in a rational way, and it requested the Government to provide statistical information regarding prosecutions and penalties.

The Committee notes the Government’s indication, and the information in the Annual Reports on Inspection Activities for 2018 and 2019 (available on the Government’s website), that 175 fines were imposed in 2018 and 160 fines in 2019 (compared with the 381 fines in 2011 previously noted by the Committee). Fines were collected with a total value of ALL26,138,600 (approximately US$249,900) and ALL559,268 (approximately US$5,340) in interest on arrears from fines. Moreover, in 2019, 53 inspections decisions were appealed to SLSSI, of which 45 were upheld. There were also 44 judicial processes related to the sanctions imposed on various entities, where the inspection decision was upheld in 23 cases (with an additional 18 cases still ongoing). The Committee also notes that, according to 2019 Annual Report on Inspection Activities, administrative measures (a warning, fine or a suspension of activities) were imposed following 27 per cent of the total inspections carried out. Moreover, a higher percentage of violations were detected during unscheduled inspections, including in 78.6 per cent of inspections undertaken following accidents, 64 per cent of inspections following indications of flagrant violations and 48 per cent of those following complaints. Noting with concern the significant decline in the number of fines imposed since 2011, the Committee requests the Government to provide information on the measures it is taking to ensure the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee requests the Government to provide information on the reasons for this decline, and to continue to provide detailed information on the number and nature of fines imposed, the outcomes of the judicial appeals of inspection decisions and the percentage of violations detected during unscheduled and scheduled inspections respectively.

Matters specifically relating to labour inspection in agriculture

Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129.Labour inspection activities in agriculture. The Committee previously noted that the number of inspections in the agricultural sector constituted 0.8 per cent of total inspections, and that nearly half of the workforce in Albania was employed in the agricultural sector.

The Committee notes the Government’s indication that in 2019, 284 inspections were carried out in the agriculture, forestry and fishery sector (2.1 per cent of the total inspections carried out), covering 1,519 employees (0.5 per cent of the total number of employees in workplaces inspected). Nineteen administrative measures were imposed, including six suspensions of work (due to violations of legal provisions on employment), nine warnings and one fine. During the first three months of 2020, 67 inspections in agriculture, forestry and fishery (2.6 per cent of the total inspections carried out), covering 450 employees (0.8 per cent of employees in workplaces inspected). Ten administrative measures were imposed, including three suspensions of work, six warnings and one fine. The Government also indicates that there are no specific trainings targeting inspections in the agriculture sector, but the topics of trainings conducted in 2019 will have a direct impact on inspections in all economic sectors. Noting the continuing low percentage of the inspection visits carried out in agriculture, the Committee once again requests the Government to strengthen its efforts to ensure the enforcement of laws and regulations in agriculture, including with respect to occupational safety and health (OSH), and to continue to provide information on the number of inspections carried out in that sector. The Committee also requests the Government to provide information on measures undertaken or envisaged to ensure that training is provided to labour inspectors on agriculture-related subjects, and on any progress made in this respect.

Matters specifically relating to labour inspection in agriculture

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

Articles 1, 2, 22 and 23 of Convention No. 81. Labour inspection in sectors covered by special inspection services. The Committee notes the information provided in the Government’s report, in response to its previous request, concerning the respective ministries entrusted with the supervisory inspection and control of workplaces in the mining; electricity, gas and water; construction; road; railway; aircraft; and maritime sectors. For mining; electricity, gas and water; and construction, this includes information on the number of inspectors and inspections, the infringements detected and legal provisions to which they relate, and the number of accidents and occupational diseases which occurred. The Committee notes this information.

Article 4 of Convention No. 81. Organization of the labour inspection services. The Committee notes the information provided by the Government, in response to the Committee’s previous request concerning the reform of the labour inspection services, that Decision No. 295 of 20 March 2013 on “the Establishment, Organization and Functioning of the State Inspectorate of Labour and Social Services (SLISS)” establishes the SLISS as the central institution to guarantee compliance with the legal requirements of labour legislation. The Committee also notes that the SLISS is organized into central and regional levels, and that there are 12 regional branches of the SLISS.

Articles 3(1)(a)–(b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a)–(b) and (3), and 19 of Convention No. 129. Inspections in the field of OSH. The Committee notes the Government’s indication, in reply to its previous request, that the identification and listing of workplaces prone to a high risk of accidents and occupational diseases is administered by the Department of Inspection for Safety and Health at Work, which is part of the central inspectorate of the SLISS. In this capacity, the Department updates monthly a list of workplaces for priority inspection, which are then inspected by a team of three inspectors from the Central Department and inspectors from the relevant regions and as applicable, inspectors for the oil, extraction and processing, and energy sectors. The Committee also notes the information provided by the Government, in response to the Committee’s previous request, on the number of occupational diseases reported to the SLISS and the number of inspections performed following occupational accidents. In addition, the Committee notes the Government’s indication in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that labour inspectors have found that, in general, the level of implementation of OSH legislation was not satisfactory, and that the number of occupational accidents remained high. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of the labour inspectorate with respect to occupational safety and health issues as well as the number of occupational accidents and cases of occupational disease notified to the labour inspectorate.

Labour inspection activities relating to undeclared work. The Committee previously noted measures taken to prevent undeclared work, including through a telephone and online complaints system, among other joint activities with the social partners and with the support of the ILO. The Committee notes the Government’s indication that the number of complaints has increased, and that 65 per cent of the 137 complaints received in 2014 were resolved in favour of the employee on issues ranging from illegal employment, overdue wages, unpaid social security contributions and non-payment of overtime and holiday wages. The labour inspectorate identified 2,886 informal workplaces in 2014, employing 4,638 workers who had not been declared to the tax authorities (up from 1,994 such workers detected in 2010). The Committee requests the Government to continue to provide statistical data on the number of workers who were granted their due rights concerning the legal provisions relating to conditions of work and the protection of workers’ rights as a consequence of inspections aimed at detecting undeclared work, including any judicial decisions in that respect, once available.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Cooperation between the inspection services and other government services and public or private institutions. The Committee notes Order No. 47 of 2012 which sets up an inter-institutional working group for the monitoring of the reform on inspections, and that this working group involves high-level representatives from many related government agencies to coordinate work on inspection. The Committee also takes due note of the Government’s indication that it has worked with the National Agency of Information Society to install and implement the e inspection hardware and software to coordinate the activities of the SLISS and the state inspectorates, which the Government reports has shortened timelines for inspections and increased effectiveness and transparency by enabling the exchange of data.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training. The Committee notes the information provided by the Government, in response to its previous request, regarding training of labour inspectors coordinated by the central inspectorate, including several trainings on inspection methodology, the use of the e inspection portal as well as the provision of inspection kits and training to 115 inspectors of the SLISS. Moreover, with respect to agriculture, the Committee notes the Government’s indication regarding the preparation of a practical guide for labour inspectors in relation to the monitoring of risk assessment in the area of agriculture. The Committee requests the Government to continue to provide information on the content, frequency and duration of the training given to inspectors, and also requests the Government to provide a copy of the draft rules to implement the programming of risk-based inspections, and any trainings provided on the reformed procedures.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of the labour inspection services. The Committee requests the Government to ensure that annual labour inspection reports are published, including information on each of the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and that these reports are transmitted to the International Labour Office.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 together.

Articles 3(1)(a) and (b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129. Labour inspection activities in the area of occupational safety and health (OSH) in agriculture. The Committee notes the Government’s indication, in reply to its previous request, that the number of inspections in the agricultural sector has remained at 0.8 per cent of total inspections. The Committee notes in this regard that, as indicated in the Government’s Occupational Safety and Health Policy Document and Action Plan (2016–20), nearly half of the workforce in Albania is employed in the agricultural sector. The Committee also notes the Government’s indication that no training has yet taken place for inspectors on agriculture-related subjects. The Committee once again requests the Government to provide information on the measures taken to secure the enforcement of laws and regulations in agriculture, including with respect to OSH, and to continue to provide information on the number of inspections carried out in that sector. The Committee requests the Government to report on training for labour inspectors on agriculture-related subjects, specifying the subjects, duration, participation and outcomes.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee previously noted the information in the 2009 ILO audit report on labour inspection services that the remuneration for labour inspectors was not attractive and that there was no real human resources strategy for recruitment and career development. The Committee notes the copy of Decision No. 726 of 21 December 2000 on salaries of employees of budgetary institutions provided with the Government’s report, which breaks down the monthly salaries of civil servants. The Committee requests the Government to indicate whether any measures have been adopted since the 2009 ILO audit report to improve the remuneration scale and career prospects of labour inspectors in relation to other comparable categories of public officials, and requests the Government for clarification regarding the actual remuneration scale and career prospects of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted the Government’s indication that 167 labour inspectors were not sufficient to fully perform the inspection tasks required by law. The Committee notes the Government’s indication in its report that the number of labour inspectors employed by the State Labour Inspectorate and Social Services (SLISS) is currently 155 employees, with 37 at the central level and 118 employees at the regional level. The Committee further notes that the Government reports that the regional offices still do not have sufficient office equipment, that the SLISS has only eight vehicles (for 12 regions) and that funds are insufficient for the reimbursement of labour inspectors performing their duties. It notes in this respect the Government’s indication in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the main problem for labour inspection is the lack of financial resources, which limits the ability of inspectors to travel to entities that should be inspected. The Committee requests the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, given the decrease in the number of labour inspection staff and the continuing inadequacy of equipment and vehicles. The Committee also requests the Government to continue to provide information on the staffing and material means of the SLISS in performing inspections in agriculture, including transportation and local offices.

Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Right of inspectors to free entry of workplaces. The Committee notes the Government’s indication that 90 per cent of inspections are conducted pursuant to a predetermined plan that is developed in cooperation with labour inspectors using the e-inspection portal, with the approval of the regional directorate of inspection. While the remaining 10 per cent of inspections are unscheduled and/or emergency inspections, which can be undertaken without authorization or notification, the Government reports that an authorizing officer shall issue an authorization within 24 hours. The Government indicates that labour inspectors are provided with cards so that they can identify themselves when entering workplaces and conducting inspection operations. The Committee observes that where only 10 per cent of all inspections are unscheduled and/or responding to emergency circumstances, this may undermine the effectiveness of predetermined scheduled inspections because problems may be concealed and thus remain undetected. The Committee requests the Government to indicate the procedure by which the authorizing officer must issue an authorization, and the consequences for the inspection if the authorization is not issued within the 24-hour time frame provided. In addition, the Committee requests the Government to indicate how often the 10 per cent of unscheduled and/or emergency inspections actually take place within 24 hours, how often they take place without advance notification, and how often they result in findings of violations or unsafe conditions.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee noted, in its previous comments, that the number of fines imposed was relatively low (in 2011, 381 imposed in relation to over 14,000 inspections). In this respect, the Committee notes the Government’s indication that Law No. 10279 of 2010 “on Administrative Offences” is used in conjunction with section 48 of Law No. 10433 “on Inspection” to provide appropriate administrative penalties where an infringement is detected during the inspection process. The Government indicates that the law aims to provide fair and equal treatment and non discriminatory rules to be applied by inspectors. The Government emphasizes that the main purpose of the policy pursued by the SLISS is to reduce the number of fines in a rational way, by focusing on prevention and awareness raising concerning safety and health at work rather than penalties. In addition, while the Committee noted in 2013 that it was not required for the labour inspectorate to pay an advance for the enforcement of fines issued, the Committee notes that the Government indicates that the SLISS repaid penalties in the amount of 11,487,713 Albanian lek (ALL) (approximately US$101,780) in 2014 and ALL4,070,255 (approximately US$46,060) from January to May 2015. Noting that the policy pursued by the SLISS intends to reduce the number of fines in a rational way, the Committee once again requests the Government to provide information on the number and nature of fines imposed by virtue of labour inspections, the number of judicial executions launched for the enforcement of orders, as well as the number of accidents reported and violations detected during the reporting period. In addition, the Committee further requests information regarding the repayment of penalties by the SLISS, indicating the conditions for such repayment and the total amount of advance payments not reimbursed to the labour inspectorate.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

Articles 1, 2, 22 and 23 of Convention No. 81. Labour inspection in sectors covered by special inspection services. The Committee notes the information provided in the Government’s report, in response to its previous request, concerning the respective ministries entrusted with the supervisory inspection and control of workplaces in the mining; electricity, gas and water; construction; road; railway; aircraft; and maritime sectors. For mining; electricity, gas and water; and construction, this includes information on the number of inspectors and inspections, the infringements detected and legal provisions to which they relate, and the number of accidents and occupational diseases which occurred. The Committee notes this information.

Article 4 of Convention No. 81. Organization of the labour inspection services. The Committee notes the information provided by the Government, in response to the Committee’s previous request concerning the reform of the labour inspection services, that Decision No. 295 of 20 March 2013 on “the Establishment, Organization and Functioning of the State Inspectorate of Labour and Social Services (SLISS)” establishes the SLISS as the central institution to guarantee compliance with the legal requirements of labour legislation. The Committee also notes that the SLISS is organized into central and regional levels, and that there are 12 regional branches of the SLISS.

Articles 3(1)(a)–(b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a)–(b) and (3), and 19 of Convention No. 129. Inspections in the field of OSH. The Committee notes the Government’s indication, in reply to its previous request, that the identification and listing of workplaces prone to a high risk of accidents and occupational diseases is administered by the Department of Inspection for Safety and Health at Work, which is part of the central inspectorate of the SLISS. In this capacity, the Department updates monthly a list of workplaces for priority inspection, which are then inspected by a team of three inspectors from the Central Department and inspectors from the relevant regions and as applicable, inspectors for the oil, extraction and processing, and energy sectors. The Committee also notes the information provided by the Government, in response to the Committee’s previous request, on the number of occupational diseases reported to the SLISS and the number of inspections performed following occupational accidents. In addition, the Committee notes the Government’s indication in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that labour inspectors have found that, in general, the level of implementation of OSH legislation was not satisfactory, and that the number of occupational accidents remained high. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of the labour inspectorate with respect to occupational safety and health issues as well as the number of occupational accidents and cases of occupational disease notified to the labour inspectorate.

Labour inspection activities relating to undeclared work. The Committee previously noted measures taken to prevent undeclared work, including through a telephone and online complaints system, among other joint activities with the social partners and with the support of the ILO. The Committee notes the Government’s indication that the number of complaints has increased, and that 65 per cent of the 137 complaints received in 2014 were resolved in favour of the employee on issues ranging from illegal employment, overdue wages, unpaid social security contributions and non-payment of overtime and holiday wages. The labour inspectorate identified 2,886 informal workplaces in 2014, employing 4,638 workers who had not been declared to the tax authorities (up from 1,994 such workers detected in 2010). The Committee requests the Government to continue to provide statistical data on the number of workers who were granted their due rights concerning the legal provisions relating to conditions of work and the protection of workers’ rights as a consequence of inspections aimed at detecting undeclared work, including any judicial decisions in that respect, once available.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Cooperation between the inspection services and other government services and public or private institutions. The Committee notes Order No. 47 of 2012 which sets up an inter-institutional working group for the monitoring of the reform on inspections, and that this working group involves high-level representatives from many related government agencies to coordinate work on inspection. The Committee also takes due note of the Government’s indication that it has worked with the National Agency of Information Society to install and implement the e inspection hardware and software to coordinate the activities of the SLISS and the state inspectorates, which the Government reports has shortened timelines for inspections and increased effectiveness and transparency by enabling the exchange of data.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training. The Committee notes the information provided by the Government, in response to its previous request, regarding training of labour inspectors coordinated by the central inspectorate, including several trainings on inspection methodology, the use of the e inspection portal as well as the provision of inspection kits and training to 115 inspectors of the SLISS. Moreover, with respect to agriculture, the Committee notes the Government’s indication regarding the preparation of a practical guide for labour inspectors in relation to the monitoring of risk assessment in the area of agriculture. The Committee requests the Government to continue to provide information on the content, frequency and duration of the training given to inspectors, and also requests the Government to provide a copy of the draft rules to implement the programming of risk-based inspections, and any trainings provided on the reformed procedures.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of the labour inspection services. The Committee requests the Government to ensure that annual labour inspection reports are published, including information on each of the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and that these reports are transmitted to the International Labour Office.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 together.

Articles 3(1)(a) and (b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129. Labour inspection activities in the area of occupational safety and health (OSH) in agriculture. The Committee notes the Government’s indication, in reply to its previous request, that the number of inspections in the agricultural sector has remained at 0.8 per cent of total inspections. The Committee notes in this regard that, as indicated in the Government’s Occupational Safety and Health Policy Document and Action Plan (2016–20), nearly half of the workforce in Albania is employed in the agricultural sector. The Committee also notes the Government’s indication that no training has yet taken place for inspectors on agriculture-related subjects. The Committee once again requests the Government to provide information on the measures taken to secure the enforcement of laws and regulations in agriculture, including with respect to OSH, and to continue to provide information on the number of inspections carried out in that sector. The Committee requests the Government to report on training for labour inspectors on agriculture-related subjects, specifying the subjects, duration, participation and outcomes.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee previously noted the information in the 2009 ILO audit report on labour inspection services that the remuneration for labour inspectors was not attractive and that there was no real human resources strategy for recruitment and career development. The Committee notes the copy of Decision No. 726 of 21 December 2000 on salaries of employees of budgetary institutions provided with the Government’s report, which breaks down the monthly salaries of civil servants. The Committee requests the Government to indicate whether any measures have been adopted since the 2009 ILO audit report to improve the remuneration scale and career prospects of labour inspectors in relation to other comparable categories of public officials, and requests the Government for clarification regarding the actual remuneration scale and career prospects of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted the Government’s indication that 167 labour inspectors were not sufficient to fully perform the inspection tasks required by law. The Committee notes the Government’s indication in its report that the number of labour inspectors employed by the State Labour Inspectorate and Social Services (SLISS) is currently 155 employees, with 37 at the central level and 118 employees at the regional level. The Committee further notes that the Government reports that the regional offices still do not have sufficient office equipment, that the SLISS has only eight vehicles (for 12 regions) and that funds are insufficient for the reimbursement of labour inspectors performing their duties. It notes in this respect the Government’s indication in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the main problem for labour inspection is the lack of financial resources, which limits the ability of inspectors to travel to entities that should be inspected. The Committee requests the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, given the decrease in the number of labour inspection staff and the continuing inadequacy of equipment and vehicles. The Committee also requests the Government to continue to provide information on the staffing and material means of the SLISS in performing inspections in agriculture, including transportation and local offices.

Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Right of inspectors to free entry of workplaces. The Committee notes the Government’s indication that 90 per cent of inspections are conducted pursuant to a predetermined plan that is developed in cooperation with labour inspectors using the e-inspection portal, with the approval of the regional directorate of inspection. While the remaining 10 per cent of inspections are unscheduled and/or emergency inspections, which can be undertaken without authorization or notification, the Government reports that an authorizing officer shall issue an authorization within 24 hours. The Government indicates that labour inspectors are provided with cards so that they can identify themselves when entering workplaces and conducting inspection operations. The Committee observes that where only 10 per cent of all inspections are unscheduled and/or responding to emergency circumstances, this may undermine the effectiveness of predetermined scheduled inspections because problems may be concealed and thus remain undetected. The Committee requests the Government to indicate the procedure by which the authorizing officer must issue an authorization, and the consequences for the inspection if the authorization is not issued within the 24-hour time frame provided. In addition, the Committee requests the Government to indicate how often the 10 per cent of unscheduled and/or emergency inspections actually take place within 24 hours, how often they take place without advance notification, and how often they result in findings of violations or unsafe conditions.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee noted, in its previous comments, that the number of fines imposed was relatively low (in 2011, 381 imposed in relation to over 14,000 inspections). In this respect, the Committee notes the Government’s indication that Law No. 10279 of 2010 “on Administrative Offences” is used in conjunction with section 48 of Law No. 10433 “on Inspection” to provide appropriate administrative penalties where an infringement is detected during the inspection process. The Government indicates that the law aims to provide fair and equal treatment and non discriminatory rules to be applied by inspectors. The Government emphasizes that the main purpose of the policy pursued by the SLISS is to reduce the number of fines in a rational way, by focusing on prevention and awareness raising concerning safety and health at work rather than penalties. In addition, while the Committee noted in 2013 that it was not required for the labour inspectorate to pay an advance for the enforcement of fines issued, the Committee notes that the Government indicates that the SLISS repaid penalties in the amount of 11,487,713 Albanian lek (ALL) (approximately US$101,780) in 2014 and ALL4,070,255 (approximately US$46,060) from January to May 2015. Noting that the policy pursued by the SLISS intends to reduce the number of fines in a rational way, the Committee once again requests the Government to provide information on the number and nature of fines imposed by virtue of labour inspections, the number of judicial executions launched for the enforcement of orders, as well as the number of accidents reported and violations detected during the reporting period. In addition, the Committee further requests information regarding the repayment of penalties by the SLISS, indicating the conditions for such repayment and the total amount of advance payments not reimbursed to the labour inspectorate.