Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee takes note of the information contained in the Government’s report. The Committee also takes note of the observations made by the Confederation of Trade Unions of Albania (KSSH) and the International Trade Union Confederation (ITUC) as well as the Government’s reply thereto.

1. Article 1 of the Convention. Protection of workers against acts of anti‑union discrimination. In its previous comments, the Committee had requested the Government to specify the authority which has the competence to hear complaints of anti-union discrimination and impose relevant sanctions, and to provide statistical information on the number of complaints examined in the last five years, the decisions reached, etc. The Committee notes from the Government’s report that currently, sections specializing in industrial relations have been attached to the civil tribunals in order to hear labour disputes. It also notes that according to the KSSH, the arbitration tribunal and the labour court envisaged in the Labour Code of 2003 have still not been set up and this is causing delays in the resolution of disputes by the civil courts where three years are needed to issue a ruling. The Committee further notes that the ITUC refers in its comments to the existence of a high number of anti-union dismissals and transfers, while the Government responds that the tribunals are the only bodies authorized to decide whether such acts took place; moreover, tripartite training activities have taken place in this regard with ILO participation.

The Committee recalls that the basic regulations that exist in the national legislation prohibiting acts of anti-union discrimination are inadequate when they are not accompanied by procedures to ensure that effective protection against such acts is guaranteed. The Committee requests the Government to indicate in its next report steps taken to ensure a mechanism of rapid and effective protection against acts of anti-union discrimination, in particular, with a view to the establishment of the arbitration tribunal and the labour court envisaged in the Labour Code of 2003.

2. Articles 4 and 6. Right to collective bargaining of public employees. In its previous comments, the Committee had requested the Government to clarify the nature of the functions discharged by civil servants considered to be at the “implementing level” and the institutions other than the ministries to which civil servants are assigned, with a view to specifying whether they are engaged in the administration of the State for collective bargaining purposes. The Committee notes from the Government’s report that the terms and conditions of civil servants in Ministries, the Parliament, the Presidency and town halls, are governed by Act No. 8549 on civil servants’ status. Other public servants such as those working for prefectures, customs, teachers, doctors etc., whose terms and conditions are governed by the Labour Code, are entitled to collective bargaining. The Committee further notes from the Government’s report under Convention No. 151, that collective bargaining takes place in state-owned enterprises.

3. Article 4. Measures to promote collective bargaining. In its previous comments, the Committee noted that, according to section 161 of the Labour Code, a collective agreement can be entered into at the enterprise or branch levels, and requested the Government to indicate whether collective bargaining is possible at the national level. The Committee notes the Government’s statement that it is willing to promote collective bargaining at the national level but to no avail so far; since 1993, only one Memorandum of Understanding has been concluded at the national level between the KSSH, the Independent Trade Union of Miners and the Union of Independent Trade Unions of Albania (BSPSH). The Committee notes that, according to the ITUC, national-level negotiations only take place in the tripartite National Labour Council which has not functioned recently. The Committee also notes, however, that according to the Government, the National Labour Council functions again since July 2006. The Committee therefore requests the Government to provide in its next report information on any collective agreement concluded at the national level.