Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Equal Remuneration Convention, 1951 (No. 100) - Albania (Ratification: 1957)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous comments, the Committee notes from the statistical information provided by the Government that the average monthly wage of women amounts to 68 per cent of that of men. While concerning most occupations the differential is between 75 and 80 per cent, the Committee notes that among plant and machine operators, the difference in remuneration between men and women is particularly high, with women only earning 59 per cent of men’s salaries. The Committee asks the Government to provide information on the practical measures taken or envisaged to reduce the existing inequalities in respect to remuneration for men and women for work of equal value. The Government is also requested to continue to provide statistical information on the levels of remuneration of men and women, as outlined in the Committee’s general observation of 1998 on the application of the Convention.

2. The Committee recalls that section 115(1), read in conjunction with section 110 of the Labour Code (1995), provides for the application of the principle of equal remuneration for men and women for work of equal value in both individual and collective labour contracts. Recalling also that section 4 of the Labour Code excludes from its application persons whose employment is regulated by other legislation, the Committee reiterates its request to the Government to provide a copy of the Members of Peoples’ Assembly Act No. 7503 of 1998 and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994. The Committee recalls its request with regard to the types of activities and persons excluded under section 5(b) of the Code and hopes that the Government will provide information on this matter in its next report.

3. The Committee notes that, according to section 18 of Act No. 8549 of 1999 on the status of the civil servant, the salary of a civil servant is composed of a basic salary, which has three subcomponents: (a) a group salary based on the education level required by the position; (b) a seniority supplement; (c) a training supplement. The Committee notes that the position supplement reflects its relative value and special circumstances, that working conditions supplement reflects special working conditions; and that superior job performance bonuses are awarded on performance reviews and budgetary resources of each institution. The Committee asks the Government to provide a copy of the regulations that, pursuant to paragraph 3 of section 18(4) of the Act, govern the operation of the salary structure of the public service. The Committee notes that, by virtue of Instruction No. 2 on the "Annual Results Appreciation System of the Civil Servant", dated 7 September 2000, based on sections 16 and 29 of the Act, decisions on the outcome of probation periods, promotions and parallel transfers are based on objective criteria, such as merit, performance and attainment of goals. Please provide information on the implementation of the above provisions in practice.

4. The Committee notes the Government’s statement that the Committee for Equal Opportunities (CEO) considers the elimination of any kind of discrimination as its main priority; that it has a programme to raise awareness about equality issues between men and women in state and private organizations; and, that it intends to raise women’s awareness of their rights. The Committee asks the Government to provide details on the CEO’s activities to promote the principle of equal remuneration for men and women for work of equal value and the results obtained in this respect. Noting that in the Government’s view parliamentary Commission for Youth and Women set up in 1997 has not been effective so far, the Committee asks the Government to provide information on the work of this Commission and on any measures taken to improve its effectiveness with respect to promoting the principle of the Convention.

5. The Committee notes the establishment of the National Labour Council, pursuant to section 200 of the Labour Code, composed of subcommittees in which representatives of Government, employers’ and workers’ organizations participate. Noting that the subcommittees periodically discuss issues of equal pay between men and women, the Committee asks the Government to provide more detailed information on the work of the Council and its subcommittees on this matter.

6. The Committee noted in its previous direct request that the Council of Ministers had appointed a Committee on Women and Family (CWF) which finalized a platform of the Albanian Government for women for the years 1999-2000. This platform had identified, inter alia, the following priorities for government action: (1) to ensure that the Labour Code, and the provisions of equal pay for work of equal value, are respected both in the public and private sectors, by reinforcing labour inspection; (2) to improve juridical procedures in order to redress discrimination in employment; and (3) to carry out periodic surveys on the state of women concerning discrimination in employment. The Committee would be grateful if the Government would provide further information on the practical follow-up by the Government, including by the CWF, of these recommendations in relation to the application of the principle of equal remuneration as well as on other activities relevant to the application of the Convention. More specifically, concerning the role of the labour inspectorate in ensuring the implementation of equal pay provisions, the Committee reiterates its previous request for information on the activities undertaken by the labour inspectorate in this regard, including information on the number of inspections made, the incidence of wage discrimination detected and the action taken to redress any such occurrences.