Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Albania (Ratification: 1999)

The Committee takes note of the Government’s response to the comments previously received from the Confederation of Trade Unions of Albania (CTUA) to which the Committee had referred in its previous observation.

1. Articles 1 and 2 of the Convention. The Committee had noted in its previous comments that, according to the CTUA, Law No. 8549 of 11 November 1999 on the Status of the Civil Servant, which guarantees to civil servants as defined in article 2(1), the right to form and join labour unions and take part in decision-making processes relating to their working conditions, is not applicable to employees in the customs, taxation and local governance offices (prefectures). The Committee notes with interest that, according to the Government, the Labour Code, as revised by Law No. 9125 of 29 July 2003, covers these categories of public employees, and guarantees the implementation of the rights and freedoms of trade union organizations to all civil servants in the prefectures, customs and tax offices. The Committee requests the Government to specify in its next report the provisions which extend the guarantees provided for in the Convention to employees in customs offices, tax offices and prefectures.

2. Article 8. The Committee had indicated in its previous comments that according to the CTUA, the mediation, conciliation and arbitration procedures provided for in articles 188-196 of the Labour Code for the resolution of collective disputes have never functioned normally and that boards of conciliation are not always set up in order to settle labour disputes. The Committee notes that according to the Government, there are special mechanisms within the civil service and organs such as the Civil Service Commission (CSC) which ensures the observance of the employees’ rights. The Committee notes, however, that the CSC has competence to hear individual grievances, not to resolve collective disputes (article 8 of the Law on the Status of the Civil Servant No. 8549 of 11 November 1999). The Committee also recalls from previous comments made under Convention No. 154 that the Government has still not taken the necessary measures for the issuing of instructions and rules concerning the negotiation of civil servants’ working conditions as required by articles 4 and 20 of the Law on the Status of the Civil Servant No. 8549 of 11 November 1999. The Committee requests the Government to indicate in its next report any measures taken as required in articles 4 and 20 of Law No. 8549, so as to set up special mechanisms for the settlement of disputes arising in connection with the determination of terms and conditions of employment of public employees.

3. The Committee requests the Government to provide in its next report its reply to the comments which remain pending from the Committee’s previous observation concerning the application of Articles 4, 5, 6 and 7 of the Convention (see 2004 observation, 75th Session).