Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Also referring to its observation, the Committee notes the Albania labour inspection audit carried out in March 2009 (document: “Albania labour inspection audit. Joint outcome on labour inspection, LAB/ADMIN SAFEWORK,
March–April 2009”; hereinafter “labour inspection audit”), and requests the Government to communicate additional information and relevant documents in relation to the following points.

Articles 1 and 2 of the Convention. System of labour administration. Delegation of certain activities of labour administration to non-governmental organizations. According to the information provided in the labour inspection audit, the Ministry of Labour, Social Affairs and Equal Opportunities (hereinafter “MoLSAEO”) is the main competent administrative body for the implementation of the labour legislation in virtue of article 199 of the Albanian Labour Code. The mission of the MoLSAEO is the development, coordination and implementation of effective employment systems, promotion of labour market opportunities, social insurance and social assistance. Further labour administration activities are performed by specialized units/departments of the Ministry of Education and Science (through designing a framework of professional qualifications and providing accreditation for training institutions), Ministry of Economy, Trade and Energy (MoETE) (through issuing licences to private employment agencies), Ministry of Health (through carrying out public health inspection and control, including occupational health and hygiene), Ministry of Finance (through administering social security schemes in relation to old age, sickness, industrial accidents and unemployment), as well as tripartite bodies and structures (such as the National Labour Council).

The Committee would be grateful if the Government would give particulars concerning the manner in which the system of labour administration is organized in the country by providing information on the organizational set up of the MoLSAEO, its basic departments and functions, as well as on the arrangement of responsibilities of the aforementioned Ministries within the system of labour administration. Moreover, the Committee would be grateful if the Government would provide information on any semi-public or parastatal agency, local or regional agencies forming part of the labour administration system, and description of their attributions. The Committee would also be grateful if the Government would indicate if any activities of the labour administration have been delegated or entrusted to non-governmental organizations, in particular to organizations of employers or workers or to representatives of employers or workers, and indicate the nature of these organizations.

Article 4. Organization and effective operation of the system of labour administration, the functions and responsibilities of which are properly coordinated. According to the information provided by the labour inspection audit, there seems to be a certain duplication of the functions of the State Labour Inspectorate (SLI) with other state agencies, as well as within the inspectorate. For example, social security legislation seems to be enforced on the one hand by the SLI (article 13, paragraph 4(b), of Law No. 9634 on labour inspection) and on the other hand by the National Fiscal Administration, which monitors the payment of contributions for the social and health insurance from urban workers, and the Social Insurance Institute, which manages the collection of social contributions from rural workers. There also seems to be a duplication of functions within the SLI. For example, the Department of Legal and Administrative Issues, in particular, prepares cooperation agreements with other institutions, such as the State Sanitary Inspectorate (SSI), and harmonizes labour and occupational safety and health (OSH) related legislation with EU standards, while the Audit Department (with only one budgeted post) also monitors “compliance with cooperation agreements with other institutions, which, according to the labour inspection audit, should technically be part of the mandate of the Department of Legal and Administrative Issues within the inspection directorate. Moreover, the Audit Department should also survey if labour inspectors follow their code of conduct, proposing eventual disciplinary measures to the general inspector, which seems to be a task more suited to the legal department’s expertise.

The labour inspection audit notes with particular concern the lack of cooperation between the SLI, SSI and the Public Health Institution (PHI). Though a formal agreement is signed between the Ministers of Labour and of Health, to ensure close cooperation between the SLI and the SSI in the field of OSH inspections, in practice the cooperation is very weak; for instance, through joint inspections. Under the agreement, either inspection service may alert the other of poor working conditions in an enterprise inspected. For example, a labour inspector can ask a sanitary inspector to measure contaminants in the working environment and a sanitary inspector can inform a labour inspector of the suspected problems. However, if a violation is found by the SSI then its own sanctions will apply and the SLI will usually not be informed of the SSI’s findings. According to the audit, information about visits from other inspection services is passed through the employer. Moreover, there does not appear to be any cooperation between the two inspection services in the case of an occupational accident, which is the domain of the SLI, except in the case of acute occupational poisonings.

As regards the administration of licences, according to the Government’s report, employment services are also provided by private employment agencies, which until June 2009 were licensed by the MoLSAEO. After the effected reform in this field, old licences will continue to exist but the authority issuing licenses will be the National Licensing Centre under the MoETE. However, the MoLSAEO will continue controlling the activity of such agencies through the SLI. In this context, the Government indicates that Law No. 10081 “On licences, authorizations and permits” was adopted on 23 February 2009, with the purpose to improve the business climate by reducing administrative barriers to the free initiative in carrying out economic activities or using public goods. The Law envisages arrangement of a whole and coherent system of licences and permits, based on some key principles, through the establishment of an integrated electronic database for licences and permits by the National Licensing Centre.

The Committee would be grateful if the Government would describe the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities within the labour administration system, in particular between the MoLSAEO and its subordinated agencies, or between several ministries when performing labour administration activities. The Government is also requested to provide information on the measures taken both to eliminate the abovementioned duplication of functions and lack of cooperation, and to foster the exchange of information and access to relevant data between the various bodies within the labour administration system, and provide a copy of any relevant text.

Article 5. Tripartite consultation, cooperation and negotiation within the labour administration system. According to the information provided by the labour inspection audit, the National Labour Council (NLC) is the main tripartite body operating only at the central level. The NLC reviews issues that have to do with common interests of the employers and employees, especially those related to policies and legislation for the promotion of employment, vocational education, wages in the private and public sector, social insurance, occupational safety and health, and social issues. The NLC includes government representatives of different ministries, such as the MoLSAEO, Ministry of Finance and MoETE.

According to the labour inspection audit, the social partners are of the opinion that the social dialogue, ensured through the NLC and its tripartite committees, could be improved, while the employers would like it to become a decision-making body, with ministers participating in its deliberations. The trade unions would like to see the establishment of district and regional level labour councils, as social dialogue is missing at these levels, especially in the field of OSH, as a means to further cooperation, as no real collaboration, or exchange of information, exists. In this context, it is reported that the National Strategy for Development and Integration (NSDI) 2007–13 foresees the strengthening of social dialogue and a new law was foreseen for adoption in 2009 which would necessarily have to address the issue of responsibilities at the enterprise level and the issue of workers’ collaboration, both with employers and with labour inspectors, at least in the field of OSH.

According to the Government, the role of local tripartite councils at local employment offices was increased in law, while their duties were changed. It is reported that the composition of local tripartite councils is expected to be approved by the Administrative Council of the tripartite National Employment Service.

The Committee would be grateful if the Government would specify the laws governing and the measures taken to secure and/or improve tripartite consultation, cooperation and negotiation at the national, regional and local levels, and at the level of the various economic sectors, and to provide a copy of any relevant text.

The Government is requested to provide information on statutory frameworks, if any, for consultation with social partners in other labour policy sectors, for instance in the field of social security and copies of the texts determining the legal basis, organization and operation of the abovementioned bodies or other tripartite bodies participating in the labour administration system, as well as copies of reports on their work. The Government is also requested to provide information on the implementation of the National Strategy for Development and Integration (NSDI) 2007–13, which foresees the strengthening of social dialogue, on the change of role and duties of the local tripartite councils, as well as on the abovementioned law adopted in 2009.

Article 6(2)(b). Study and review of the situation of the employed, unemployed and underemployed. According to the Government, the official unemployment rate at the end of 2008 was at 13.1 per cent or 140,753 people and the unemployment was decreasing. During 2008, about 11,150 people were offered employment through employment offices and 3,302 people were employed on the basis of an action plan; another 1,095 people were employed after being trained. In 2008, out of 11,787 unemployed jobseekers about 43 per cent of them were women, while 27 per cent were young people up to the age of 25. Starting from 1 January 2008, the level of basic unemployment payment grew by 14.2 per cent, while from 1 May  2009, the base level of unemployment benefit rose by 6 per cent, from 5,980 to 6,340 Albanian leke per month.

Drawing the Government’s attention to paragraph 110 of its General Survey of 1997 on labour administration, where it is noted that the monitoring under this provision “requires not only the study of people’s situation in regard to their conditions of work and working life and terms of employment but, in a general way, carrying out research with a view to adapting national labour policy to the situation as it evolves”, the Committee would be grateful if the Government would provide more information on the arrangements made to ensure that the situation of employed, unemployed and underemployed persons is studied and kept under review to detect the shortcomings in conditions of their work, working life and terms of employment.

Article 10(1). Recruitment, conditions of service and training of the staff of the labour administration system. According to the information provided by the labour inspection audit, salaries of state labour inspectors are low, averaging €300 per month, and there seems to be no clear methodology on hiring new inspectors and evaluating their qualifications. There neither seems to be a real training plan, aside from the three-month orientation course for all newly recruited civil servants, and everything is learned on the job or by on-the-spot courses. In some cases, additional exams shall be taken to validate the knowledge obtained in the training. In this context, it is reported that the Department of Public Administration (DoPA) is currently drafting a strategy on public administration reform, which includes plans on sectoral training.

In this regard, the Committee notes with interest the establishment of the National Agency of Education and Professional Training in 2006 in virtue of Decree No. 273 of 10 May 2006, the main objective of which is to create a national system of unique professional qualifications, known at national and international level, and prepare the implementation of policies for the development of education and professional training approved by the Ministry of Education and Science and the MoLSAEO. The Agency drafts and reviews the national list of occupations and their corresponding descriptions, the national vocational qualifications, professional qualifications of curricula framework, accredits institutions providing education and vocational training and sets standards of professional training, initial and continuing education of the teaching staff. Moreover, it is reported that work is in progress on amending Law No. 8872 of 29 March 2002 “On education and vocational training” and drafting the Albanian Qualifications Framework.

The Committee would be grateful if the Government would provide detailed information on the recruitment process of the labour administration staff (experience required, competitions, etc.), its composition, status and conditions of service (pay scale, career advancement), its access to initial and subsequent training (content, frequency, number of participants, etc.), and on the measures taken to ensure their independency from external influences. Moreover, the Government is requested to keep the ILO updated on the progress made in creating a national system of unique professional qualifications, amending the abovementioned Law No. 8872 and drafting the Albanian Qualifications Framework, and provide a copy of any relevant text.

Article 10(2). Material means and financial resources of the staff of the labour administration. According to the information provided by the labour inspection audit, only 70 per cent of enterprises are covered by labour inspection services, due to shortage in personnel, vehicles and financial resources. It is reported that understaffing and insufficient equipment is a normal occurrence at the central and regional levels. For example, in the Tirana regional office only one car, seven computers, some landline telephones (no mobile phones) and a photocopy machine are available. No personal protective equipment, such as hard hats, boots, goggles, are provided, and no technical measurement tools are available at the headquarters or regional level. To add to the problem, no work-related transport costs or other reimbursements are provided.

The Committee would be grateful if the Government would provide detailed information on the material means and financial resources allocated to the staff of the labour administration system (other than labour inspectors), the percentage of financial resources allocated to the MoLSAEO and the arrangements made for the reimbursement of work-related expenses.

Other information needed to assess the level of application of the Convention. Finally, the Committee would also be grateful if the Government would provide information on the legal basis and practice of implementation of the following provisions of the Convention: Article 3; Article 6(2)(c)-(d) and Articles 7 and 9.

Part V of the report form. Assistance received through technical cooperation with the ILO. Referring the Government to its previous comment, the Committee requests the Government to indicate the measures affecting the organization and working of the labour administration that have been taken as a result of the implementation of the ILO technical assistance project (ALB/92/MO1/DDA).