Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s first report.

Legislation. The Committee notes with interest the adoption on 30 October 2006, of the Act on labour inspection and the national labour inspectorate (Labour Inspection Act). It requests the Government to send copies of the texts implementing this Act, once they are published, and any available information on the results of their implementation.

Articles 2 and 23 of the Convention. Workplaces liable to inspection. The Committee notes that the Labour Inspection Act is applicable to natural or legal persons, Albanian or foreign, public or private, who exercise an economic activity, for profit or otherwise, on Albanian territory. However, it notes that, under section 4(1)(b) of this Act, workplaces in which labour relations and occupational safety and health are governed by specific laws are excluded from the scope of competence of labour inspection. The Committee would be grateful if the Government would indicate, if applicable, the categories of industrial and commercial workplaces in respect of which the aforementioned provision applies.

Article 5. (a) Cooperation between the inspection services and other government services and public or private institutions. Noting that section 12 of the Labour Inspection Act provides for collaboration between the labour inspectorate, on the one hand, and the ministries and institutions attached to it, as well as other state bodies, including private bodies exercising similar activities, on the other hand, the Committee would be grateful if the Government would provide details of practical arrangements for collaboration with each of the abovementioned partners and supply, if appropriate, copies of documents reflecting this collaboration.

(b) Collaboration between officials of the labour inspectorate and employers and workers or their organizations. Inviting the Government to refer to the guidance contained in Paragraphs 4-7 of the Labour Inspection Recommendation, 1947 (No. 81), relating to the possible types of collaboration with regard to occupational health and safety, the Committee would be grateful if the Government would indicate if arrangements or agreements have been made for the application of section 12 of the Labour Inspection Act, which provides for such collaboration. If so, it requests the Government to describe the content of, and practical arrangements for, such collaboration and the results achieved.

Articles 6, 7 and 10. Recruitment, conditions of service, training and number of labour inspectors. Noting the Government’s indication that the inspection staff is composed of 75 men inspectors and 20 women inspectors, the Committee would be grateful if it would state the criteria on the basis of which the number of posts comprising inspection duties is fixed (including supervisors, as referred to by the new Act). It requests the Government also to provide information on conditions of staff recruitment (experience and/or diplomas required, competitions, etc.), and also on the measures taken to promote the recruitment of qualified men and women inspectors. The Government is also requested to supply information on the conditions of service (pay scale, career advancement) of inspectors and supervisors, and also the arrangements made for their initial and subsequent training (content, frequency, number of participants, etc.).

Articles 11 and 16. Inspection means and inspection visits. The Committee requests the Government to provide information on the means made available to labour inspectors and supervisors, particularly transport facilities and/or arrangements for the reimbursement of travelling expenses where suitable public facilities do not exist, to enable them to inspect workplaces as often and as thoroughly as necessary.

Article 12, paragraph 1. Inspectors’ right of free entry to workplaces. The Committee notes that, under section 4(2) of the Labour Inspection Act, inspectors’ access to workplaces depends on prior authorization from the competent authorities "in particular cases". It requests the Government to supply further details of the scope of application of this provision with regard to industrial and commercial workplaces covered by the Convention.

Article 13. Power of labour inspectors to issue orders in cases of threats to the safety and health of workers. The Committee notes with interest the provisions of section 15 of the Labour Inspection Act granting labour inspectors powers to issue orders to ensure the protection of workers against risks to their health and safety. It would be grateful if the Government would supply information on the application of these provisions in practice and send a copy of any relevant documents.

Articles 17 and 18. Prosecutions and penalties. The Committee notes with interest the detailed statistics concerning the number of fines imposed by labour inspectors and stating the provisions of labour legislation the violation of which has been reported. It notes that, under section 37 of the Labour Inspection Act, the Penal Code applies to all violations which are criminal offences. It would grateful if the Government would indicate the relevant provisions of the Penal Code. With reference to its general observation of 2007 which underlines the importance of effective cooperation between the labour inspection services and the judicial bodies to ensure the success of binding labour inspection measures, it also requests the Government to supply information on the measures taken or contemplated to this end and provide statistical information on the action taken by the judicial bodies on the files referred to them further to reports by labour inspectors.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee notes with interest that the Labour Inspection Act provides that periodic reports on inspection activities shall be sent to the central labour inspection services by local offices and regional directorates (section 27). It also notes with interest that sections 28 and 29 of this Act reproduce the provisions of Articles 20 and 21 of the Convention with respect to the obligations relating to the annual report (publication, communication to the Director-General of the ILO and information to be included). While duly noting the detailed statistics on the functioning of the labour inspectorate, the Committee would like to draw the Government’s attention to paragraph 331 of its General Survey of 2006 on labour inspection, which states that publication of the annual report is intended to ensure the necessary transparency with regard to the resources, activities, difficulties and results of labour inspection, giving the social partners and the public and private bodies concerned, including non-governmental organizations, the opportunity to better understand the work and objectives of the labour inspectorate, as well as the problems it faces, and to contribute their views as to how it can be improved. The Committee would be grateful if the Government would indicate the measures taken to ensure that the central inspection authority discharges its obligation, arising from this Convention and the national legislation, to publish an annual report. If such measures have not yet been taken, it hopes that the Government will ensure that the necessary conditions are met and that an annual report will soon be published and sent to the ILO.