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

Minimum Age Convention, 1973 (No. 138) - Albania (Ratification: 1998)

The Committee notes the information provided by the Government in its reports. The Committee also notes with interest that Albania ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and that it signed a Memorandum of Understanding (MOU) with IPEC in 1999. The Committee requests the Government to provide full information on the following points.

Article 1 of the Convention. The Committee understands that the Government has undertaken various programmes in cooperation with ILO/IPEC. The Committee requests the Government to provide information in its next report about national policy measures designed to effectively reduce and eliminate child labour.

Article 2, paragraph 1, of the Convention. Self-employment. The Committee notes that section 3(1) of the Labour Code is applicable to an employment contract which is defined as an agreement regulating the work relations between employers and employees. The Labour Code therefore appears to exclude self-employment from its scope of application. The Committee recalls that the Convention applies not only to work under an employment contract, but to all types of work or employment. The Committee requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraph 2. The Committee notes with interest that section 100(1) of the Labour Code provides that young persons under the majority age cannot be employed in work likely to jeopardize their health, safety or morals, and that a list of such hazardous work will be established by decree. The Committee takes note of Decree No. 205 dated 9 May 2002 on Protection of Minors at Work which contains a list of difficult and hazardous work.

Article 3, paragraph 3. The Committee notes that section 100(2) of the Labour Code provides that young persons from 16 years of age may be employed in difficult or hazardous work, under conditions determined by decree, which will limit the working hours and may regulate the working conditions. The Committee also takes note of section 5 of Decree No. 384, dated 20 may 1996, which sets conditions for young persons of 16 and above, employed in difficult or hazardous work, according to Article 3, paragraph 3, of the Convention. Regarding working hours, the Committee notes that according to section 78(3) of the Labour Code, they are limited to a maximum of six hours a day for employees under the age of 18, and that according to section 5 of Decree No. 384 dated 20 May 1996 on the Protection of Minors at Work, working hours in case of difficult or hazardous work are limited to a maximum of eight hours a day. Noting the inconsistency between these two provisions, the Committee requests the Government to indicate which of these two provisions is applicable. The Committee recalls that, under the Convention, the exception to the prohibition of employment in hazardous work can be authorized only from the age of 16 years on condition that their health, safety and morals are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. Observing that section 100(1) of the Labour Code provides that young persons under 18 years of age cannot be employed in work likely to jeopardize their health, safety or morals, the Committee requests the Government to indicate which provision of the legislation guarantees that young persons between 16 and 18 years of age have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 6. The Committee notes that according to section 98(2) of the Labour Code, young persons under the age of 14 engaged in vocational training activities or orientation are subject to rules defined by decree. The Committee further notes the statement of the Government in its report that in vocational schools, practical work is part of the educational training programme. It also notes that according to Decree No. 384, as modified by decree No. 205, minors who are under 14 years may be engaged in the vocational training system under authorization of the State labour inspectorate (section 3). The Committee reminds the Government that Article 6 of the Conventionallows work done in undertakings for vocational training only from the age of 14. The Committee requests the Government to indicate the measures taken or envisaged to limit training in enterprises to children who have reached 14 years of age. The Committee also requests the Government to provide information on the draft law on education and vocational training and to communicate practical information on the functioning of the vocational training system.

Article 7. The Committee takes note that section 99(1) of the Labour Code provides that young persons from 14 to 16 may be occupied in light work, provided it does not jeopardize their health, safety or morals, and only during school holidays. The Committee also notes that section 99(2) of the Labour Code provides that light work will be determined by decree, which will also determine the maximum working hours and may regulate working conditions. The Committee notes that section 4 of Decree No. 384 dated 20 May 1996 on Protection of Minors at Work states that young persons may work only during school holidays, provided they are hired to do light work and that the Labour Inspectorate has delivered an authorization to the employer. The Committee notes that under the terms of the same provision, in each case and taking into account the tasks and particular conditions, light work is defined as work which does not jeopardize the security, health or development of minors, and does not interfere with school attendance or participation in vocational orientation nor training programmes approved by the competent authorities, or their capacity to benefit from the education received. This provision also stipulates that hours of work are limited to six hours a day, 30 hours a week and that each year, young persons between 14 and 16 must have four weeks of holiday free of any school or work activity (section 4(b) of Decree No. 384). In its report of 2001, the Government indicated that the decree mentioned by section 99 of the Labour Code had not yet been adopted. The Committee recalls that according to Article 7, paragraph 3, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to provide information about any decree to implement section 99(2) of the Labour Code, which would determine light work activities and the conditions to which such employment or work may be undertaken by young persons from 14 years and above.

Article 8. The Committee notes that section 102 of the Labour Code authorizes the participation of young persons in artistic performances. It also notes that section 6 of Decree No. 384 of 20 May 1996 on the Protection of Minors at Work stipulates that the employment of a young person under 18 years to participate in activities of a cultural or artistic nature, in sports or advertising is subordinate to previous authorization by the labour inspectorate. The request for such authorization must include a number of data such as description of the work and working schedule. The Committee requests the Government to indicate if the permits granted prescribe the conditions in which such employment or work is allowed. It also requests the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.

Part V of the report form. The Committee notes the statement made by the Government according to which, from available information, the Convention has been satisfactorily applied. The Committee requests the Government to continue to provide a general appreciation of the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported.