Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes from the Government’s report that Law No. 18/2017 on the right and protection of children which provides, among others, for the right of every child to free and quality education and the right to protection from economic exploitation was adopted. Section 34 of this Law establishes various central and state institutional advisory and coordination mechanisms on the rights and protection of children, including: the National Council for the Rights and Protection of the Child; the inter-sectoral technical group at the municipality or local administrative level; a Minister for coordination of issues related to the rights and protection of the child; the State Agency for the Protection of Children’s Rights; and the Child Protection Unit.

The Committee notes from the Report on Implementation of Action Plan for Children 2012–15 (Report of the Action Plan) that around 70 per cent of the measures stipulated in the Action Plan, including in the field of social protection and inclusion; protection from all forms of violence, abuse and economic exploitation; and the right to quality and comprehensive education, have been implemented while the long-term measures are still ongoing. In this regard, the Committee notes the following measures taken in the field of social protection and inclusion: (i) social protection strategies to address issues concerning payments of social assistance, including economic aid and other social care services were introduced; (ii) in order to reduce poverty and prevent negative social phenomena that increase exclusion of poor children, a new scheme under the Economic Aid Programme was implemented as a pilot project in three regions of Tirana, Durres and Elbasan whereby children from poor families were provided 3,000 Albanian lek (ALL) during the period of their school attendance; (iii) social care institutions, residential services and foster care services provided care, accommodation and other services for children in need and in difficult situations and made operational all over the country; and (iv) an operating service standards which will serve to measure and improve the quality of service for the protection of children was approved by the Child Protection and Rights Units (CPUs and CRUs). The Committee also notes from the Report of the Action Plan that in 2015, there were 26 foster families, nine public residential institutions and 15 non-public institutions providing services to 309 children; and there were 202 CPUs at the local level and 12 CRUs at regional level to coordinate children protection services and case monitoring at the local level. It also notes that from January to March 2015, the CPUs managed 849 cases of children at risk. With regard to the Action Plan concerning the protection from all forms of violence, abuse and economic exploitation, the most important measures were those linked with the improvement of the legal frameworks in this field. The amendments to the Criminal Code increased the punishment for sexual offences against children and defined the exploitation of children for labour as a criminal offence. However, the Committee notes from the Report of Action Plan that according to a recent assessment of the welfare status of children in Albania, the proportion of children living in absolute poverty is 17.4 per cent or 147,432 children. While noting the measures taken by the Government, the Committee requests the Government to strengthen its efforts to combat child labour. It requests the Government to provide information on the specific measures taken in this regard as well as the measures taken by the National Council for the Rights and Protection of the Child; the inter-sectoral technical group; the State Agency for the Protection of Children’s Rights; and the CPUs and CRUs to effectively remove children from child labour and the results achieved. Finally, the Committee requests the Government continue to provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group.

Article 2(1). Scope of application and labour inspection. Self-employed children or children working in the informal sector. The Committee previously noted that section 3(1) of the Labour Code, exclude children engaged in work outside of an employment agreement, such as self-employed children or those working in the informal sector, from the Labour Code’s coverage.

The Committee notes that the newly adopted regulation “On the Protection of Children at Work Decision No 108/2017” under section 1(2) also excludes, from its applicability, children working outside an employment contract. The Committee notes the Government’s information contained in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has taken legislative measures to strengthen the labour inspection system in order to effectively monitor and enforce labour legislation at the central and local level. In this regard, the Committee notes the adoption of Law No. 57/2017 “On some amendments and addenda to Law No. 9634/2006 on Labour Inspection”. The Committee notes that section 12 of Law No. 57/2017 empowers the labour inspectors to impose urgent measures, including in cases of finding informal employment. It also notes the Government’s information that in 2016, the State Labour Inspectorate identified 226 children between the ages of 15 to 18 years who were working in the manufacturing enterprises, trade, call centers and transport department, in violation of the provisions related to the employment of children, for which administrative punishment was issued to four entities. The Committee, however, has noted in its comments of 2017, under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129) (combined), that the number of inspections in the agricultural sector remained low at 0.8 per cent of the total inspections and that the number of labour inspectors employed by the State Labour Inspectorate and Social Services was low. It also noted that the regional offices did not have sufficient office equipment, or enough vehicles and that the lack of financial resources was also a matter of concern. The Committee requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human, financial and material resources in order to enable it to effectively monitor children working on their own account as well as in the agricultural sector and other informal economy. It also requests the Government to provide information on the measures taken in this regard and on the results achieved as well as to submit any statistical information collected on the number and nature of violations detected related to children engaged in child labour.

Article 6. Apprenticeship and vocational training. The Committee previously noted that section 3 of Decree No. 384, as amended by Decree No. 205, authorized minors under 14 years of age to be engaged in the vocational training system authorized by the State Labour Inspectorate, in contradiction with Article 6 of the Convention which authorizes work to be carried out by persons aged at least 14 years.

The Committee notes with satisfaction that section 98(4) of the new Labour Code No. 136/2015, which provides that children between the ages of 15 and 16 may undertake vocational guidance and training according to the rules established by a decision of the Council of Ministers, has been adopted.

Article 7(3). Determination of types of light work. In its previous comments, the Committee noted that no regulations had been issued to determine the activities that constitute light work or prescribe the number of hours during which and the conditions in which such employment or work may be undertaken.

The Committee notes with satisfaction that according to section 99(1) of the Labour Code No. 136/2015, teenagers (children between the ages of 16 and 18) may be hired in light work. “Light work” as defined by this section, include any work that, because of the indivisible nature of the particular duties and conditions in which it is performed, does not prejudice: (i) the safety, health or development of the child; and (ii) the participation of children in school, in vocational training programmes, or the ability of children to take advantage of this training. The Committee also notes that according to section 7(1)(b) and (c) of the Regulation on the Protection of Children at Work (Decision No 108/2017), a teenager (16 to 18 years) may work for up to two hours per day in school days, and 12 hours per week for work performed outside of school hours; and up to six hours a day and 30 hours a week during school holidays. The Committee further notes that according to section 98(3) of the Labour Code and section 9 of the Decision No. 108/2017, children aged between 15 and 16 are permitted to work only during school holidays in light work as authorized by the Labour Inspectorate.