Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Albania (RATIFICATION: 1957)

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Previous comment

The Committee recalls that it previously requested the Government to provide its comments on the 2019 observations of the International Trade Union Confederation (ITUC) in which the latter alleged violations of trade union rights in practice and, in particular, that workers were often unable to join the union of their own choosing and it was difficult for union federations to open bank accounts. The Committee regrets that the Government provides no reply thereto. Emphasizing the importance of governments’ replies to the observations of the social partners, the Committee reiterates its above request.

Article 2 of the Convention. Right to organize of foreign workers. In its previous comments, the Committee requested the Government to take without delay the necessary measures, including through possible legislative amendments, to ensure that all foreign workers, whether or not they have a residence or a working permit, benefit from the trade union rights enshrined in the Convention. The Committee notes the adoption of Law No. 79/2021 on Foreigners, and the Government’s indication that according to section 5 of the Law, foreigners residing in the Republic of Albania shall enjoy the rights enshrined in the Constitution and the ratified international Conventions. Furthermore, pursuant to the same provision, in the course of their decision-making concerning foreigners, the designated authorities shall apply the provisions of the Law in accordance with the fundamental rights and freedoms enshrined in the Constitution, and the ratified international Conventions and agreements. The Committee further notes the Government’s indication that the Labour Code is the legislation that regulates freedom of association and the right to organize. The Committee notes the Government’s indication that foreigners with regular stay in the country enjoy the right to join organizations and foreigners whose stay is irregular must leave Albania. The Government further indicates that in light of the Committee’s request, it is necessary to carry out an analysis of the national legislation regulating the right of foreign workers to join trade unions with a special focus on workers without residence permits in order to prepare the necessary amendments to comply with the Convention. The Committee requests the Government to provide information on all measures taken to that end and recalls that the Governmentmay avail itself of the technical assistance of the ILO in this regard.

Article 3. Right of organizations to organize their activities and formulate their programmes. In its previous comments, the Committee requested the Government to indicate whether civil servants not exercising authority in the name of the state, and working in the transport and public television services may exercise the right to strike, subject to the possible establishments of minimum services and, if these civil servants are not able to exercise the said right, to take the necessary measures to amend the legislation (section 35 of the Act on civil servants (No. 152 of 2013)). The Committee notes the Government’s indication that while civil servants enjoy the right to strike, except those who exercise authority in the name of the state, the right to strike is not allowed in essential services, such as transport and public television. The Committee considers that essential services, for the purposes of restricting or prohibiting the right to strike, are only those “the interruption of which would endanger the life, personal safety or health of the whole or part of the population”, and that transport and public television are not essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraphs 131, 134 and 135). The Committee once again recalls that the introduction of a negotiated minimum service, as a possible alternative to the full prohibition of strike action in these public services in which it is important to deliver the basic needs of users, could be appropriate (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee once again requests the Government to take the necessary measures to amend section 35 of the Act on civil servants accordingly and to provide information on measures taken to that end.

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The Committee takes note of the Government’s comments in reply to the observations of the International Trade Union Confederation (ITUC), received in 2020, denouncing the persistence of restrictions on the right of workers to establish trade unions. The Committee observes that these matters are being examined by the Committee on Freedom of Association (Case No. 3388). Noting that the Government has not provided its comments on the ITUC’s observations received in 2019, which alleged violations of trade union rights in practice, the Committee once again requests it to provide its comments in this respect.

Article 2 of the Convention. Right to organize of foreign workers. Further to its previous comments on the exercise of trade union rights by all foreign workers irrespective of their residence status, the Committee notes that the Government indicates in its report that the Act on Foreigners (No. 108 of 2013), as amended by Act No. 13 of 2020, does not address whether foreigners who do not have a working permit have the right to organize in unions. The Committee notes that Act No. 13 of 2020 did not amend section 70 of the Act on Foreigners, which provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals. The Committee also notes that the Government has not provided any information on foreign workers’ exercise of trade union rights in practice. The Committee requests the Government to take, without delay, the necessary measures, including consideration of possible legislative amendments, to ensure that all foreign workers, whether or not they have a residence or a working permit, benefit from the trade union rights provided by the Convention, particularly the right to join organizations which defend their interests as workers. The Committee requests the Government to provide information on any progress made in this respect.

Article 3. Right of organizations to organize their activities and formulate their programmes. In its previous comments the Committee requested the Government to indicate any legal exceptions to the right to strike other than those provided in section 35 of the Act on civil servants (No. 152 of 2013) as well as to take any necessary measures to ensure that the legislation be amended so as not to unduly curtail the right of unions to organize their activities to defend the interest of workers. The Committee notes the Government’s indication that the exercise of the right to strike by civil servants must be in full compliance with section 35 of the Act on civil servants, as well as with the regulations set out in the Labour Code concerning the exercise of this right, which include providing for the possibility of requiring minimum services in essential services like water and electricity supply, as well as in other services of fundamental public importance. The Committee takes note that section 35 of the Act on civil servants remains in force and provides that the right to strike shall not be permitted for a list of services that includes both essential services in the strict sense of the term (such as water and electricity), as well as services which may not be considered essential services in the strict sense of the term – namely transport and public television. The Committee recalls in this regard that the right to strike may be restricted for public servants exercising authority in the name of the State, but as to other public servants and for services which are not considered essential in the strict sense of the term, the introduction of a negotiated minimum service, as a possible alternative to the full prohibition of strike action, could be appropriate in circumstances where strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population, or in public services of fundamental importance in which it is important to deliver the basic needs of users (see the 2012 General Survey on the fundamental Conventions, paragraphs 129 and 136). The Committee requests the Government to indicate whether civil servants not exercising authority in the name of the state and working in the transport and public television services may exercise the right to strike, subject to the possible establishment of minimum services; and if these civil servants are not able to exercise said right, to take the necessary measures to amend the legislation in light of the above.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 16 September 2020, denouncing the persistence of restrictions on the right of workers to establish trade unions through acts of retaliation, intimidation or even police abuse. Recalling that the 2019 ITUC observations had raised similar allegations, the Committee requests the Government to provide its comments on the 2019 and 2020 ITUC’s observations.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which allege violations of trade union rights in practice. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Article 2 of the Convention. Right to organize of foreign workers. With reference to section 70 of the Act on Foreigners (No. 108 of 2013), providing that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals, the Committee had requested the Government to take all necessary measures to ensure that all foreign workers, whether with a permanent or temporary residence permit or without residence permit, can exercise trade union rights. The Committee notes the Government’s position that articles 16(1), 46(1) and 50 of the Constitution of the Republic of Albania fully guarantee the rights of foreigners in this regard and that the Act on Foreigners provides foreigners with protection against any form of discrimination. The Committee requests the Government to confirm that all foreign workers, including those without a residence permit, may exercise trade union rights, and particularly the right to join organizations which defend their interests as workers. The Committee further requests the Government to provide information on foreign workers’ exercise of this right in practice, and otherwise to take any necessary measures to ensure they can exercise these rights under the Convention.

Article 3. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to take measures to: (i) amend section 197/7(4) of the Labour Code concerning sympathy strikes; and (ii) ensure that all public servants who do not exercise authority in the name of the State are able to exercise the right to strike.

The Committee notes with satisfaction that the Government informs that Act No. 136 of 5 December 2016 on some supplements and amendments to the Labour Code, amends article 197/7 to provide that sympathy strikes shall be lawful provided that it supports a legal strike.

The Committee further notes that the Government informs that Act No. 152/2013 on the civil servants provides for the right to join unions and professional associations and for the right to strike to civil servants except as otherwise provided by law. The Government indicates that in any case the right to strike is not permitted in relation to essential services of state activity. The Committee recalls in this regard that prohibitions to the right to strike, which curtail the right of unions to organize their activities to defend the interest of workers, may only be imposed in relation to public servants exercising authority in the name of the State, essential services in the strict sense of the term (the interruption of which would endanger the life, personal safety or health of the whole or part of the population) or in situations of acute national or local crisis (for a limited period of time and to the extent necessary to meet the requirements of the situation). The Committee observes that the list of essential services provided in article 35 of the Act on the civil servants includes services such as transport or public television, which may not be considered essential services in the strict sense of the term. The Committee requests the Government to indicate any further exceptions to the right to strike set out in the laws and to take any necessary measures to ensure that the legislation is amended in accordance with the above-mentioned principles.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which allege violations of trade union rights in practice. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

Article 2 of the Convention. Right to organize of foreign workers. With reference to section 70 of the Act on Foreigners (No. 108 of 2013), providing that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals, the Committee had requested the Government to take all necessary measures to ensure that all foreign workers, whether with a permanent or temporary residence permit or without residence permit, can exercise trade union rights. The Committee notes the Government’s position that articles 16(1), 46(1) and 50 of the Constitution of the Republic of Albania fully guarantee the rights of foreigners in this regard and that the Act on Foreigners provides foreigners with protection against any form of discrimination. The Committee requests the Government to confirm that all foreign workers, including those without a residence permit, may exercise trade union rights, and particularly the right to join organizations which defend their interests as workers. The Committee further requests the Government to provide information on foreign workers’ exercise of this right in practice, and otherwise to take any necessary measures to ensure they can exercise these rights under the Convention.

Article 3. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to take measures to: (i) amend section 197/7(4) of the Labour Code concerning sympathy strikes; and (ii) ensure that all public servants who do not exercise authority in the name of the State are able to exercise the right to strike.

The Committee notes with satisfaction that the Government informs that Act No. 136 of 5 December 2016 on some supplements and amendments to the Labour Code, amends article 197/7 to provide that sympathy strikes shall be lawful provided that it supports a legal strike. 

The Committee further notes that the Government informs that Act No. 152/2013 on the civil servants provides for the right to join unions and professional associations and for the right to strike to civil servants except as otherwise provided by law. The Government indicates that in any case the right to strike is not permitted in relation to essential services of state activity. The Committee recalls in this regard that prohibitions to the right to strike, which curtail the right of unions to organize their activities to defend the interest of workers, may only be imposed in relation to public servants exercising authority in the name of the State, essential services in the strict sense of the term (the interruption of which would endanger the life, personal safety or health of the whole or part of the population) or in situations of acute national or local crisis (for a limited period of time and to the extent necessary to meet the requirements of the situation). The Committee observes that the list of essential services provided in article 35 of the Act on the civil servants includes services such as transport or public television, which may not be considered essential services in the strict sense of the term. The Committee requests the Government to indicate any further exceptions to the right to strike set out in the laws and to take any necessary measures to ensure that the legislation is amended in accordance with the abovementioned principles.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

Article 2 of the Convention. Right to organize of foreign workers. With reference to section 70 of the Act on Foreigners (No. 108 of 2013), providing that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals, the Committee had requested the Government to take all necessary measures to ensure that all foreign workers, whether with a permanent or temporary residence permit or without residence permit, can exercise trade union rights. The Committee notes the Government’s position that articles 16(1), 46(1) and 50 of the Constitution of the Republic of Albania fully guarantee the rights of foreigners in this regard and that the Act on Foreigners provides foreigners with protection against any form of discrimination. The Committee requests the Government to confirm that all foreign workers, including those without a residence permit, may exercise trade union rights, and particularly the right to join organizations which defend their interests as workers. The Committee further requests the Government to provide information on foreign workers’ exercise of this right in practice, and otherwise to take any necessary measures to ensure they can exercise these rights under the Convention.

Article 3. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to take measures to: (i) amend section 197/7(4) of the Labour Code concerning sympathy strikes; and (ii) ensure that all public servants who do not exercise authority in the name of the State are able to exercise the right to strike.

The Committee notes with satisfaction that the Government informs that Act No. 136 of 5 December 2016 on some supplements and amendments to the Labour Code, amends article 197/7 to provide that sympathy strikes shall be lawful provided that it supports a legal strike. 

The Committee further notes that the Government informs that Act No. 152/2013 on the civil servants provides for the right to join unions and professional associations and for the right to strike to civil servants except as otherwise provided by law. The Government indicates that in any case the right to strike is not permitted in relation to essential services of state activity. The Committee recalls in this regard that prohibitions to the right to strike, which curtail the right of unions to organize their activities to defend the interest of workers, may only be imposed in relation to public servants exercising authority in the name of the State, essential services in the strict sense of the term (the interruption of which would endanger the life, personal safety or health of the whole or part of the population) or in situations of acute national or local crisis (for a limited period of time and to the extent necessary to meet the requirements of the situation). The Committee observes that the list of essential services provided in article 35 of the Act on the civil servants includes services such as transport or public television, which may not be considered essential services in the strict sense of the term. The Committee requests the Government to indicate any further exceptions to the right to strike set out in the laws and to take any necessary measures to ensure that the legislation is amended in accordance with the abovementioned principles.

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The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC) concerning issues already being raised by the Committee.

Article 2 of the Convention. Right to organize of foreign workers. With reference to section 5(4) of the Act on Foreigners (No. 9959 of 2008), the Committee had previously requested the Government to take the required measures, where necessary through an amendment to the legislation, to ensure that all workers, including foreign workers without a residence permit, can exercise trade union rights and particularly the right to join organizations which defend their interests as workers. The Committee notes that the new Act on Foreigners (No. 108 of 2013), which repeals Act No. 9959 of 2008, no longer contains the abovementioned provision. However, the Committee notes that section 70 of the new Act provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals. Recalling the provisions of the Constitution of Albania relating to freedom of association (articles 16(1), 46(1) and 50), the Committee requests the Government to take all necessary measures to ensure that all foreign workers, whether with a permanent or temporary residence permit or without residence permit, can exercise trade union rights, and particularly the right to join organizations which defend their interests as workers.

Article 3. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to take measures to: (i) ensure that all public servants who do not exercise authority in the name of the State are able to exercise the right to strike; and (ii) amend section 197/7(4) of the Labour Code concerning sympathy strikes. The Committee notes from the Government’s report that: (i) it has been proposed that the new bill on the civil service provides for the right to strike of public servants; and (ii) the relevant provision in the bill on the review of the Labour Code has been, in consultation and agreement with the social partners, reworded to ensure that workers are able to stage sympathy strikes provided that the initial supported strike is itself lawful. The Committee requests the Government to provide information in its next report with respect to the adoption of the new bill on the civil service as well as of the bill on the review of the Labour Code.

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The Committee notes the Government’s reply to the 2009 observations made by the Confederation of Trade Unions of Albania (CTUA). Furthermore, the Committee notes the observations made by the International Trade Union Confederation (ITUC) in its communication dated 4 August 2011 on matters already examined by the Committee.

Article 2 of the Convention. Right to organize of foreign citizens. The Committee had previously requested the Government to take the required measures, where necessary through an amendment to the legislation, to ensure that all workers, including foreign workers without a residence permit, can exercise trade union rights, and particularly the right to join organizations which defend their interests as workers. The Committee notes the Government’s indication that the Committee’s recommendation will be taken into consideration when the Act on Foreigners will be reviewed. The Committee hopes that the Government’s next report will contain information on the amendment of section 5(4) of the Act on Foreigners, in order to ensure that foreign workers enjoy the right to organize as required by Article 2 of the Convention.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. The Committee has been commenting for many years on the need to ensure that public servants who do not exercise authority in the name of the State are able to exercise the right to strike. The Committee notes that the Government refers in its report to a conceptual draft paper on the new Law “On civil service” in Albania stipulating that civil servants will be entitled to the right to strike but with a number of restrictions, which have to be clearly defined in the law. The Committee firmly expects that the Government will take the necessary measures to amend the Act on the conditions of service of civil employees without further delay, so as to allow public servants who do not exercise authority in the name of the State to exercise the right to strike in conformity with Article 3 of the Convention. It requests the Government to submit copies of the revised legislation as soon as adopted.

In its previous observations, the Committee requested the Government to indicate the measures taken to amend section 197/7(4) of the Labour Code, under the terms of which a sympathy strike is lawful if it is organized in support of a lawful strike against an employer who is actively supported by the employer of the sympathy strikers. The Committee recalled that workers should be able to stage sympathy strikes provided that the initial strike that they are supporting is itself lawful. The Committee notes that the Government again indicates that solidarity strikes will be defined in compliance with ILO recommendations when the Labour Code will be reviewed. The Committee firmly expects that the necessary action will be taken in the near future to amend section 197/7(4) of the Labour Code so as to bring it into conformity with the Convention.

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The Committee notes the provisions of the Law on foreigners (Law No. 9959 of 17 July 2008), and particularly article 5(4) of the Law, which recognizes the right to organize of foreign nationals subject to obtaining a residence permit. In this respect, the Committee recalls that, under the obligations deriving from Article 2 of the Convention, the Government is required to recognize to all workers, with the sole exception of members of the armed forces and the police, the right to join organizations of their own choosing. The Committee therefore requests the Government to take the required measures, where necessary through an amendment to the legislation, to ensure that all workers, including foreign workers without a residence permit, can exercise trade union rights, and particularly the right to join organizations which defend their interests as workers.

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The Committee notes the comments of the Confederation of Trade Unions of Albania (CTUA) concerning the Government’s last report, and the comments made by the International Trade Union Confederation (ITUC) on matters already examined by the Committee in previous comments. The Committee notes that, according to the CTUA, it is only possible to call a strike after the completion of mediation and conciliation procedures and that, of the approximately 30 cases submitted by the union for mediation, only eight, all in the energy sector, have been examined over the past two years. The Committee recalls that while the requirement of the exhaustion of remedies before a strike is compatible in spirit with the principles of freedom of association, the procedures should not be so complex or slow that a lawful strike becomes impossible in practice or loses its effectiveness (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 171). The Committee requests the Government to provide its observations in reply to the comments of the CTUA, and to provide further information in its next report on the mediation and conciliation procedures required prior to calling a strike, including the number of appeals lodged and examined.

Article 3 of the Convention. Right to strike. The Committee recalls that for many years it has been commenting on the need to ensure that public servants who do not exercise authority in the name of the State are able to exercise the right to strike. The Committee recalls that, in a previous report in 2007, the Government indicated that it envisaged amending the Law on the conditions of service of civil employees so as to authorize them to call a strike, subject to a minimum service requirement. The Committee notes that the Government’s latest report no longer refers to the amendment of the Law on the conditions of service of civil employees with a view to recognizing their right to strike. The Committee is bound to express the firm hope that the Government will take the necessary measures without delay to amend the Law on the conditions of service of civil employees so as to allow public servants who do not exercise authority in the name of the State to exercise the right to strike, and that it will provide a copy of the relevant text when it has been adopted.

In its previous observation, the Committee requested the Government to indicate the measures taken to amend section 197/7(4) of the Labour Code, under the terms of which a sympathy strike is lawful if it is staged in support of a lawful strike against an employer who is actively supported by the employer of the sympathy strikers. The Committee recalled that workers should be able to stage sympathy strikes provided that the initial strike that they are supporting is itself lawful. The Committee notes the Government’s indication in its report that it is considering the amendment of section 197/7(4) in accordance with the principles recalled above. The Committee trusts that the Government’s next report will contain information on the amendment of section 197/7(4) of the Labour Code to bring it into conformity with the principles of freedom of association.

Finally, the Committee previously requested the Government to clarify the meaning of the term “extraordinary situation” in which a strike may be suspended, under the terms of section 197/4 of the Labour Code. The Committee notes that, according to the Government, the expression “extraordinary situation” set out in section 197/4 of the Labour Code corresponds to a state of emergency decreed by the National Assembly under the terms of the National Constitution.

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The Committee takes note of the Government’s report as well as of the observations made by the Confederation of Trade Unions of Albania (KSSH) and the Government’s reply thereto. It also notes the comments made by the International Trade Union Confederation (ITUC) concerning issues already raised by the Committee and the Government’s response thereto.

Article 3 of the Convention. Right to strike. 1. The Committee recalls that its previous comments concerned the need to ensure that public servants who do not exercise authority in the name of the State are able to exercise the right to strike, given the comprehensive prohibition of this right for all workers in the public service. The Committee notes with interest from the Government’s report that an amendment of the law on civil employees’ status is being envisaged so as to provide authorization to stage a strike, subject to a minimum service requirement. The Committee recalls that the establishment of minimum services in the case of strike action should only be possible in: (1) services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (2) services which are not essential in the strict sense of the term but where the extent and duration of a strike might be such as to result in an acute national crisis endangering the normal living conditions of the population; and (3) in public services of fundamental importance. The Committee requests the Government to indicate in its next report any progress made with a view to amending the law on civil employees’ status so as to allow public servants who are not engaged in the administration of the State to exercise the right to strike and to communicate a copy of the draft amendment as soon as it is adopted.

2. The Committee observes that section 197/7(4) of the Labour Code provides that a sympathy strike shall be lawful if it is staged in support of a lawful strike, which is organized against an employer who is actively supported by the employer of the sympathy strikers. The Committee emphasizes that workers should be able to stage sympathy strikes provided the initial strike they are supporting is itself lawful (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 168). The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged with a view to amending section 197/7(4) of the Labour Code in line with the above.

3. Finally, noting that the Government’s report does not contain the information previously requested with regard to section 197/4 of the Labour Code, the Committee once again requests the Government to clarify the meaning of “extraordinary situation” in which a strike may be suspended and the body responsible for making the relevant determination.

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The Committee takes note of the information contained in the Government’s report and the text of the Labour Code as amended by Act No. 9125 of 29 July 2003. The Committee notes that the Labour Code as amended addresses the Committee’s previous comments with regard to the right to strike. The Committee addresses to the Government the following questions for clarification with regard to certain provisions of the Code.

1. Cases in which strikes may be suspended. The Committee notes that section 197/4 of the Labour Code provides that strikes may be suspended in special cases including an "extraordinary situation". The Committee requests that the Government indicate what is meant by "extraordinary situation" and specify what body is responsible for making the relevant determination.

2. Sympathy strikes. The Committee notes that section 197/7(4) of the Labour Code provides that a solidarity strike shall be lawful if it is staged in support of a lawful strike, which is organized against an employer who is actively supported by the employer of the solidarity strikers. Noting that workers should be generally able to stage sympathy strikes provided that the initial strike they are supporting is itself lawful, the Committee requests the Government to clarify the conditions for the lawful staging of solidarity strikes.

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The Committee takes note of the observations made by the Confederation of Trade Unions of Albania (CTUA) on the application of the Convention as well as the Government’s reply thereto. It also takes note of the text of the Labour Code as amended by Act No. 9125 of 29 July 2003.

Article 2 of the Convention. Right to organize of public servants. The Committee notes that according to the CTUA, public employees’ trade unions should have the same rights as other trade unions under the Labour Code and the Government should adopt measures, as required under article 20 of the Law on the Status of the Civil Servant No. 8549 of 11 November 1999, in order to issue rules on public employees’ trade union activities. The Committee notes that according to the Government, civil servants are not allowed to strike and regulations giving them this right have not been approved yet.

Recalling that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State (see General Survey on freedom of association and collective bargaining, 1994, paragraph 158), the Committee requests the Government to indicate in its next report any measures taken or contemplated to extend this right to public servants who do not exercise authority in the name of the State.

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The Committee notes the information contained in the Government’s report. It notes in particular the references to amendments to the Labour Code, which it understands were recently adopted. With regard to its previous comments on Articles 3 and 10 of the Convention, the Committee notes with interest from the Government’s report that Chapter XVII of the new Labour Code includes provisions which abrogate the Decree on Strikes No. 7458 of 22 February 1991 and provides that any trade union has the right to go on strike. The Committee will examine the new Code once a complete translation is available.

The Committee also takes note of the observations made by the Confederation of Trade Unions of Albania which are being dealt with in the framework of comments concerning Convention No. 98.

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The Committee notes with interest the information contained in the Government’s report and, in particular, the preparation of a new draft law for the revision of the Labour Code. The Committee notes that the draft law has been approved by the National Labour Council after consultations with the most representative employers’ and workers’ organizations and that it has been forwarded to relevant agencies and institutions for their comments and remarks. After revision of these comments, it will be forwarded to the Council of Ministers for approval. The Committee requests the Government to keep it informed of the progress made in this respect and to transmit a copy of the law as soon as it is adopted.

The Committee trusts that in drafting Chapters XVI and XVII of the new law concerning professional organizations and collective conflicts, due account will be taken of its previous comments, in particular with respect to Articles 3 and 10 of the Convention, so that the new law will be in full conformity with the Convention. The Committee requests the Government to provide information in this respect in its next report.

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The Committee notes the Government’s report.

Articles 2 and 7 of the Convention. The right of workers to establish unions without previous authorization and the acquisition of legal personality by a union. With respect to the provisions of Act No. 7516 of 1991, as amended by Act No. 7795 of 1994, and of the Law on Trade Unions of 1992 previously commented upon by the Committee, it notes with interest the Government’s indication to the effect that the entry into force of the Labour Code has resulted in the repeal of all other Acts adopted before it including the Law on Trade Unions.

Articles 3 and 10 of the Convention. The right of workers’ organizations to organize their activities without interference from the public authorities. With regard to the prohibition of strikes subject to a criminal penalty of three months’ imprisonment in the case when the strike has begun on public holidays and two days before or after them or when serious consequences for production could result (sections 6(c), (ch) and 12 of Decree No. 7458 of 22 February 1991, as amended by Decrees Nos. 7636 of 12 November 1992 and 7711 of 20 May 1993), the Committee notes that the Government once again states in its report that a working group was set up to study the provisions of the Decree in order to bring its legislation into compliance with the Convention but mentions no proposals made by this working group. The Committee also takes note of the fact that, at the request of the Government, an ILO technical assistance mission took place in December 2000 to advise on new strike legislation. It regrets, however, that the Government’s report contains no information on the progress made in this respect.

The Committee therefore once again requests that the Government indicate in its next report any progress made in revising its strike legislation in respect of the above matter.

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The Committee notes that the Government’s report has not been received.

The Committee recalls that its previous comments concerned the following points:

1.  Articles 2, 3 and 7 of the Convention.  The right of workers to establish unions without previous authorization and the acquisition of legal personality by a union; the right of unions to organize their management without interference from the public authorities.  In its previous comment the Committee noted with interest that the provisions of sections 177 to 179 of the 1995 Labour Code (social law document, 1995 ALB 1) provided in particular that the statutes of any trade union must be signed by at least 20 founder members and that the statutes must be lodged with the competent tribunal in order for the trade union organization to acquire legal personality. The Committee trusts that sections 177 to 179 of the Labour Code have resulted in the repeal of the provisions of Act No. 7516 of 1991, as amended by Act No. 7795 of 1994, on the automatic dissolution of unions which do not have 300 members. It requests the Government to confirm this in its next report.

2.  Article 3.  The Committee notes that section 1A of the Law on Trade Unions of 1992 provides that trade unions are prohibited from engaging in political activity. The Committee, while being aware of the political problems which the country may have faced, considers that the overall prohibition to engage in political activity is not in conformity with the right of workers to organize their activities and programmes in full freedom. The Committee requests the Government to take the necessary measures to lift the total ban on political activities of unions.

In addition, the Committee notes that section 6 requires all unions to provide at the end of each semester a document certifying the bank deposit of union subscriptions under threat of immediate administrative dissolution. In this regard, the Committee considers that this type of supervision should be limited to the obligation of submitting annual reports and that the lack of submission should not entail administrative dissolution, and thus requests the Government to take measures in order to modify its legislation on this point.

3.  Articles 3 and 10.  With regard to the prohibition of strikes under threat of three months’ imprisonment contained in sections 6(c) and (ch) and 9, paragraph 2, of Decree No. 7458 of 22 February 1991, as amended by Decrees Nos. 7636 of 12 November 1992 and 7711 of 20 May 1993, the Committee notes the Government’s statement in its last report that a working group was set up to study the provisions of the Decree in order to bring them into compliance with the Convention. The Committee requests the Government to indicate in its next report any progress made on this matter.

4.  Right to organize of public servants.  The Committee takes note of the Civil Servants Act of 21 March 1996 which grants the right to organize and to bargain collectively to civil servants (section 33). It nevertheless notes that, according to the information supplied by the Government in its last report, public officials do not have the right to strike (section 35). The Committee recalls that prohibition of the right to strike in the civil service should be restricted to public servants engaged in positions of authority in the name of the State. The Committee requests the Government to indicate in its next report if, in particular, teachers, postal workers and railway workers in the public sector have the right to strike.

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The Committee has noted the information supplied by the Government in its report.

1. Articles 2, 3 and 7 of the Convention. The right of workers to establish unions without previous authorization and the acquisition of legal personality by a union; the right of unions to organize their management without interference from the public authorities. The Committee notes with interest that the provisions of sections 177 to 179 of the 1995 Labour Code (social law document, 1995 ALB 1) provide in particular that the statutes of any trade union must be signed by at least 20 founder members and that the statutes must be lodged with the competent tribunal in order for the trade union organization to acquire legal personality. The Committee trusts that sections 177 to 179 of the Labour Code have resulted in the repeal of the provisions of Act No. 7516 of 1991, as amended by Act No. 7795 of 1994, on the automatic dissolution of unions which do not have 300 members. It requests the Government to confirm this in its next report.

2. Article 3. The Committee notes that section 1A of the Law on Trade Unions of 1992 provides that trade unions are prohibited from engaging in political activity. The Committee, while being aware of the political problems which the country may have faced, considers that the overall prohibition to engage in political activity is not in conformity with the right of workers to organize their activities and programmes in full freedom. The Committee requests the Government to take the necessary measures to lift the total ban on political activities of unions.

In addition, the Committee notes that section 6 requires all unions to provide at the end of each semester a document certifying the bank deposit of union subscriptions under threat of immediate administrative dissolution. In this regard, the Committee considers that this type of supervision should be limited to the obligation of submitting annual reports and that the lack of submission should not entail administrative dissolution, and thus requests the Government to take measures in order to modify its legislation on this point.

3. Articles 3 and 10. With regard to the prohibition of strikes under threat of three months' imprisonment contained in sections 6(c) and (ch) and 9, paragraph 2, of Decree No. 7458 of 22 February 1991, as amended by Decrees Nos. 7636 of 12 November 1992 and 7711 of 20 May 1993, the Committee notes the Government's statement that a working group has been set up to study the provisions of the Decree in order to bring them into compliance with the Convention. The Committee requests the Government to indicate in its next report any progress made on this matter.

4. Right to organize of public servants. The Committee takes note of the Civil Servants Act of 21 March 1996 which grants the right to organize and to bargain collectively to civil servants (section 33). It nevertheless notes that, according to the information supplied by the Government in its report, public officials do not have the right to strike (section 35). The Committee recalls that prohibition of the right to strike in the civil service should be restricted to public servants engaged in positions of authority in the name of the State. The Committee requests the Government to indicate in its next report if, in particular, teachers, postal workers and railway workers in the public sector have the right to strike.

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The Committee takes note of the information provided by the Government in its report.

1. Right of workers' organizations to formulate their programmes without interference from the public authorities, including strike action. The Committee notes that under section 4 of Decree No. 7458 of 22 February 1991 on the right to strike, as amended by Decree No. 7636 of 12 November 1992 and Decree No. 7711 of 20 May 1993, a strike may be launched only after 15 days' prior notice, and on condition that the duration of the strike has been declared. In addition, a strike that has been declared for the first time may not last longer than one day. Furthermore, under the terms of section 6 of Decree No. 7636 of 12 November 1992, read in conjunction with section 6(c) and (ch) and section 9(2) of Decree No. 7458, strikers are liable to a penalty of three months' imprisonment. The Committee considers that notice conceived as an additional stage in the bargaining process and designed to encourage the parties to engage in final negotiations before resorting to strike action is acceptable (see 1994 General Survey on freedom of association and collective bargaining, paragraph 172). Noting, however, that legislation requires strike organizers to indicate the duration of the strike, the Committee requests the Government to indicate the consequences for workers who remain on strike beyond the stated duration.

The Committee noted previously that under section 2 of the strike Act, a strike may be declared only after agreement by a majority vote of workers. The Committee considers that only votes cast should be taken into account (see General Survey, op. cit., paragraph 170).

As regards the prohibitions of strike action contained in section 6(c) and (ch) and section 9(2) under penalty of three months' imprisonment, the Committee considers that the prohibition of strikes on public holidays and on the two days before and after a public holiday, or in sectors where strikes have serious consequences for production or when an order to stop the strike has been issued by a court at the request of an employer, is not in conformity with the principles of freedom of association. Furthermore, the Committee considers that sanctions for strike action should only be possible where the prohibitions of strike action are in conformity with freedom of association principles, and the sanctions should not be disproportionate to the seriousness of the violation (see General Survey, op. cit., paragraph 177).

The Committee in addition requests the Government to communicate any judicial decisions that have the effect of declaring a strike illegal, to enable it to examine the conformity of those decisions with the principles of freedom of association.

2. Establishment of employers' organizations. The Committee requests the Government to provide a copy of the Civil Code of 1994 which governs the establishment of employers' organizations.

3. Restrictions on public servants' right to organize. The Committee notes that, according to information provided by the Government in its report, public servants do not have the right to strike. The Committee recalls that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State (see General Survey, op. cit., paragraph 158). The Committee requests the Government to indicate in its next report the measures taken or contemplated to ensure that public servants who do not exercise authority in the name of the State are not subject to sanctions for exercising the right to strike.

The Committee requests the Government to provide additional information on these points in its next report.

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The Committee notes the information supplied by the Government.

Article 2 of the Convention. The Committee notes that article 20 of the Constitution (as amended up to 1993) allows restrictions to the right to collective organization of civil servants. The Committee requests the Government to indicate in what way the right of civil servants to freedom of association for the defence of their economic and social interests is regulated and to specify whether this right has been subject to restrictions, and to supply the applicable texts. The Committee has only the text in Albanian of Act No. 8095 on the civil service of 21 March 1996 published in the Official Journal of 13 May 1996. It intends to examine the content in regard to civil servants' right to freedom of association at its next session.

The Committee notes that several provisions of the Labour Code of 1995 mention employers' organizations. It understands, however, that the Code is not applicable to the establishment of these organizations. It requests the Government to supply the texts governing the establishment of employers' organizations, if any.

Article 3. The Committee notes that under section 2 of Decree No. 7458 of 22 February 1991 on the right to strike, a strike may be declared only after agreement by a majority vote of workers. The Committee expressed the opinion that only votes cast should be taken into account (see 1994 General Survey on freedom of association and collective bargaining, paragraph 170).

The Committee understands from section 4 of Decree No. 7458 that once a strike is declared, with 15 days' notice, it may not last more than one day. The Committee requests the Government to confirm whether this is the case.

The Committee notes that in the sectors aimed at meeting essential needs, such as provision of bread, essential everyday consumer products, water and electric power, public transport, health, civil protection, the judiciary, posts and telecommunications, radio and television, state education, social welfare and customs services, strikes are permitted only if the people can be assured that these needs will be met (Decree No. 7458, section 7). The Committee recalls that restrictions to the right to strike are admissible only in the essential services which are those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). The Committee requests the Government to supply information on how it is determined that these conditions will be met, on the applicable criteria and the competent authorities, as well as on possibilities for the workers concerned to defend their interests if they are not allowed to strike (see paragraph 160 of the General Survey, on determination of the essential services).

Article 7. The Committee observes that the legal personality of a trade union is recognized after deposit of the statutes with the court in Tirana, except where the court decides otherwise (Labour Code, section 178). The Committee requests the Government to specify the criteria on which the court bases its decisions.

The Committee recalls that restrictions on the right to strike are only admissible in essential services, that is to say services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraph 159).