Night Work Convention, 1990 (No. 171) - Albania (RATIFICATION: 2004)

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Article 1(b) of the Convention. Definition of “night worker”. With reference to its previous comment, the Committee notes the Government’s statement that section 80 of the Labour Code will be amended to include a new paragraph defining “night workers” as employees who work during night time (that is between 10 p.m. and 6 a.m.) at least three hours of their normal everyday working hours. The Committee requests the Government to provide a copy of the revised text once it has been adopted.

Article 4. Health assessment and advice for night workers. The Committee notes that the Government’s report contains no new information concerning the implementation of this provision of the Convention. The Committee wishes to recall that this provision requires that night workers shall have the right to undergo, at their request and without charge, a health assessment during their assignment to night work and not only for those employed in hazardous or dangerous occupations, as prescribed under paragraph 16 of the Decision of the Council of Ministers No. 742 of 6 November 2003 on additional measures for occupational health and safety protection. Recalling that the Convention offers the possibility of progressive implementation of the specific measures required by the nature of night work (Article 3), the Committee requests the Government to take the necessary measures in order to give full effect to the requirements of this Article of the Convention.

Article 5. Medical service for night workers. The Committee notes the Government’s reference to Act No. 10237 of 18 February 2010 on safety and health at work which provides in section 23 for the obligation of the employer to provide medical services appropriate for the risks involved at the workplace and further provides for the issuance of ministerial regulations on the operation of the medical service at work. The Committee requests the Government to keep the Office informed of any progress made concerning the adoption of the ministerial regulations, including any measures specifically addressing health and safety protection of night workers.

Article 6. Treatment of workers medically unfit for work. The Committee notes the Government’s explanations that the employer is required to organise the workplace taking into account the presence of vulnerable groups at risk, such as pregnant or breastfeeding women and persons with disabilities, as provided for under sections 31 and 32 of Act No. 10237 of 2010. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits (for instance, unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. The Committee therefore requests the Government to take the necessary measures in order to give full effect to this provision of the Convention.

Article 7. Maternity protection. The Committee notes the Government’s statement that draft amendments to sections 104 and 108 of the Labour Code are being prepared to fully transpose the requirements of this Article of the Convention into domestic legislation. The Committee requests the Government to keep the Office informed of any further developments in this regard and to transmit the text of the amended provisions once adopted.

Article 9. Social services. The Committee notes the Government’s reference to sections 69 and 70 of the Labour Code which provide for the employer’s obligation to put at the workers’ disposal drinking water and dining facilities when this is justified by the number of employees, the distance from workplace, the place of residence, or the manner of the organization of work. The Committee recalls that by “social services” the Convention refers to a much broader range of measures, which are further explained in Paragraphs 13 to 18 of the Night Work Recommendation, 1990 (No. 178), such as collective transport arrangements, suitably equipped resting facilities, flexible hours for crèches, and adaptable cultural, sporting or recreational activities. Recalling that the Convention offers the possibility of progressive implementation of the specific measures required by the nature of night work, the Committee requests the Government to consider the necessary steps in order to give full effect to this provision of the Convention.

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Article 1(b) of the Convention. Definition of “night worker”. While noting the definition of the term “night work” in section 80(1) of the Labour Code to mean work carried out between 10 p.m. and 6 a.m., the Committee requests the Government to consider adopting a definition of the “night worker” along the lines suggested in this Article of the Convention.

Article 4. Health assessment and advice for night workers. The Committee notes the Government’s reference to paragraph 16 of the Instruction of the Ministers of Labour and Social Affairs and of Health No. 2 of 25 June 2004 concerning the implementation of the Decision of the Council of Ministers No. 742 of 6 November 2003 on additional measures for occupational health and safety protection, which requires regular medical examinations of workers to be undertaken every 12 months, or every six months for those employed in hazardous or dangerous occupations. For this latter group, paragraph 17 of the Instruction provides for special medical monitoring to be carried out by the company physician. The committee also notes that under sections 12/1 and 12/2 of the Decision of the Council of Ministers No. 692 of 13 December 2001 concerning special measures for the protection of occupational safety and health, a company physician is required in all establishments employing more than 15 workers as well as in all establishments dealing with hazardous or dangerous substances regardless the number of workers. No specific reference is made, however, to night work or night workers. The Committee therefore requests the Government to explain how effect is given to this Article of the Convention.

Article 5. Medical service for night workers. The Committee notes the Government’s reference to section 75(2) and (3) of the Labour Code, which requires first aid equipment in every workplace and at least one worker in each group of an establishment to be trained to provide first aid. With respect to the arrangements for appropriate urgent medical treatment, the Committee notes section 2/4 of Decision No. 692 which prescribes the functions of the company physician but no provision is made for special arrangements whereby night workers can be taken quickly to a medical institution, if necessary. The Committee therefore requests the Government to explain how effect is given to this requirement of the Convention.

Article 6. Treatment of workers medically unfit for work. The Committee notes that section 101 of the Labour Code prohibits night work for those recognized as invalids on the basis of a medical report and in accordance with the law on social insurance, but there is no provision for their transfer to a similar day job (when they are fit for day work) or entitling them to the same sickness, disability or unemployment benefits as daytime workers (when they are not fit for day work). Nor does the Labour Code appear to contain any provisions concerning the protection against dismissal of night workers temporarily unfit for night work, which is also required. The Committee therefore requests the Government to explain how effect is given to this Article of the Convention.

Article 7. Maternity protection. The Committee notes that section 11 of Decision No. 692 provides that employers are under an obligation to protect pregnant women and breastfeeding mothers when a potential impact on pregnancy or their breast milk is observed. To this end, they must take measures to avoid exposure of the persons concerned to such risks, improve their working conditions and eventually transfer them to another position. However, these obligations are specific to protection against harmful agents or chemicals and do not meet the specific requirements of the Convention, i.e. an alternative to night work available to women workers for a period of at least 16 weeks, of which at least eight weeks before the expected date of childbirth, protection against unfair dismissal during the same period, and maintenance of their income and their benefits regarding status, seniority and access to promotion. As none of these requirements appears to be provided for in the national legislation, the Committee requests the Government to explain how effect is given to this Article of the Convention. The Committee also requests the Government to provide copies of the special rules of the Council of Ministers provided for in sections 104(2) and 108(2) of the Labour Code.

Article 9. Social services. Further to its previous comment, the Committee requests the Government to explain how it is ensured that establishments provide night workers with appropriate social services, and recalls that guidance in this respect is provided in paragraphs 13–18 of the Night Work Recommendation, 1990 (No. 178).

Article 10. Consultation with the social partners on protective measures. The Committee again requests the Government to explain how it is ensured in law and in practice that regular consultations take place at the enterprise level between the employer and the representatives of workers regarding the organization of night work and required occupational health measures and social services.

Part V of the report form. Practical application. The Committee notes the Government’s indication that, as of January 2011, the labour inspection services have begun collecting statistical data on night work. The Committee requests the Government to continue providing up-to-date information concerning the practical application of the Convention, including, for instance, statistics on the number of workers employed at night, the sectors of economic activity concerned, copies of any collective agreements which contain clauses on night work, and labour inspection results showing the number of any infringements of the labour legislation in respect of night work.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working-Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part-time and night work, remain relevant in the 21st century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

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The Committee notes the Government’s first report on the application of the Convention and wishes to draw its attention to the following points.

Article 1 of the Convention. Definition of “night worker”. The Committee notes that even though section 80 of the Labour Code (Act No. 7961 of 12 July 1995), as amended, defines the term, “night work” as the work carried out from 10 p.m. until 6 a.m., there is no specific definition of the term “night worker”. Recalling that several provisions of the Convention apply specifically to night workers (e.g. Article 4 on health assessment, Article 6 on treatment of workers medically unfit for night work or Article 8 on compensation), the Committee invites the Government to consider the possibility of introducing a definition of the term, “night worker”, as appropriate, along the lines suggested in this Article of the Convention.

Article 4. Health assessment. The Committee notes the Government’s reference to the Decree of the Council of Ministers No. 692 of 13 December 2001 concerning specific security and health protection measures at work. While noting that section 9 of the Decree provides, in general, for regular medical examinations of workers at the employer’s expenses, the Committee recalls that this Article of the Convention requires special protective measures in view of the inherent risks of night work, including health assessment before a night worker takes up an assignment, advice on how to reduce or avoid health problems associated with night work, or medical assistance whenever night workers experience health problems during their assignment. It therefore requests the Government to indicate how effect is given to this Article of the Convention.

Article 5. Medical services for night workers. The Committee notes the Government’s reference to section 75 of the Labour Code which requires all enterprises to provide their workers with first aid kits and to train at least one personnel member of each group of the enterprise to give first aid in emergency cases. In this connection, it recalls that the Convention requires that suitable first aid facilities be made available for workers performing night work, including arrangements whereby such workers, where necessary, can be taken quickly to a place where appropriate treatment can be provided. The Committee therefore requests the Government to explain how effect is given to this requirement of the Convention.

Article 6. Treatment of workers medically unfit for night work. The Committee notes that section 101 the Labour Code prohibits night work for those recognized as invalids on the basis of a medical report and in accordance with the law on social insurance. It recalls, however, that the Convention provides that workers who are permanently unfit to work at night – but may not necessarily be unfit for day work – should be either: (i) transferred to a similar job for which they are fit; or (ii) if their transfer to an alternative position proves impracticable, be entitled to the same benefits (for instance unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. Moreover, workers who are temporarily unfit for night work must be given the same protection against dismissal as other workers who are prevented from working for health reasons. It therefore requests the Government to specify how these provisions of the Convention are implemented in law and practice.

Article 7. Protection of women workers during maternity. The Committee notes that section 108(1) of the Labour Code prohibits pregnant women to perform night work. It also notes that section 104(1) of the Labour Code provides that pregnant women are forbidden to work during 35 days (five weeks) before the expected date of child birth and 42 days (six weeks) after the birth of the child. In this connection, the Committee recalls that this Article of the Convention requires that an alternative to night work (e.g. similar or equivalent day work) be available to women workers for a period of at least 16 weeks, of which at least eight weeks before the expected date of childbirth, or for longer periods if this is medically necessary for the health of the mother or the child. Apart from transfer to a day work post, the Convention also provides for the possible extension of the maternity leave and further requires that during the above periods women workers be protected against unfair dismissal and that the level of their income and benefits regarding status, seniority and access to promotion be maintained. The Committee accordingly requests the Government to explain how effect is given to the above requirements of the Convention. It would also appreciate it if the Government would provide a copy of the special rules for the working conditions concerning pregnant or breastfeeding women, as provided for in section 104(2) of the Labour Code, as well as a copy of the specific rules for cases where women and breastfeeding mothers are permitted to work at night, as provided for in section 108(2) of the Labour Code.

Article 9. Social services. The Committee recalls that by “social services” the Convention intends to cover a large variety of measures, including but not limited to the provision of food and beverages. It also ventures to draw the Government’s attention to Paragraphs 13–18 of the Night Work Recommendation, 1990 (No. 178), which offer guidance as to other measures which might be considered appropriate for night workers, such as collective transport arrangements, suitably equipped resting facilities, flexible hours for crèches, and adaptable cultural, sporting or recreational activities. It therefore requests the Government to indicate any concrete measures taken or envisaged to give effect to this provision of the Convention.

Article 10. Consultation with the social partners on night work. The Committee notes the Government’s reference to section 163 of the Labour Code, under which employers are under the obligation to negotiate, upon request by a representative organization of employees, binding collective agreements containing, among others, clauses on conditions of employment. The Committee recalls, however, that this Article of the Convention does not call for the conclusion of a collective agreement, but for simple consultations with workers’ representatives before introducing work schedules involving night work, particularly with a view to ensuring that all occupational safety and health aspects or social implications of night work are sufficiently taken into account. It therefore requests the Government to explain how effect is given to this Article of the Convention.

Finally, with regard to the specific points raised above concerning the application of Articles 4–10 of the Convention, the Committee considers it important to recall that the Convention offers the possibility of a progressive implementation of the specific measures required by the nature of night work.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide information regarding the application of the Convention in practice, including, for instance, extracts from inspection reports, copies of official studies on the extent and effects of night working in general, the approximate number of workers covered by relevant legislation as well as any difficulties encountered in the application or enforcement of the Convention.