Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee takes note of the Government’s response to the comments previously received from the Confederation of Trade Unions of Albania (CTUA) to which the Committee had referred in its previous direct request.

Article 5 of the Convention. 1. Law No. 8549 on the Status of the Civil Servant. In its previous comments the Committee had requested the Government, on the basis of comments made by the CTUA, to issue the instructions and rules required under articles 4(3) and 20(dh) of Law No. 8549 on the Status of the Civil Servant, in respect of the labour union activities of civil servants and the negotiation of their working conditions. The Committee notes from the Government’s report that, in the absence of such rules, the relevant provisions of the Labour Code apply to civil servants. Although the Committee takes note of this information, it once again requests the Government to take all necessary measures for the issuing of the instructions and rules in question, as required by Law No. 8549.

2. Comments of the CTUA on collective bargaining in the private sector in practice. The Committee takes note of the information provided by the Government on specific measures to promote collective bargaining in the private sector. While noting that the Government recognizes the low level of collective bargaining and collective agreements in the private sector, the Committee requests the Government to continue to provide information on specific measures taken or contemplated to promote collective bargaining in the private sector, the number of agreements reached, the percentage of workers covered as well as any sanctions imposed in conformity with article 202(2) of the Labour Code when employers fail to respect their obligation to commence negotiations under article 165(1) of the Code.

3. CTUA comments on collective bargaining with representative trade unions. The Committee notes the information provided by the Government, recalling that, in case of dispute, representative organizations have at their disposal procedures of mediation and conciliation as well as recourse to the courts.