Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Albania

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2004)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2007)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

Articles 1, 2, 22 and 23 of Convention No. 81. Labour inspection in sectors covered by special inspection services. The Committee notes the information provided in the Government’s report, in response to its previous request, concerning the respective ministries entrusted with the supervisory inspection and control of workplaces in the mining; electricity, gas and water; construction; road; railway; aircraft; and maritime sectors. For mining; electricity, gas and water; and construction, this includes information on the number of inspectors and inspections, the infringements detected and legal provisions to which they relate, and the number of accidents and occupational diseases which occurred. The Committee notes this information.

Article 4 of Convention No. 81. Organization of the labour inspection services. The Committee notes the information provided by the Government, in response to the Committee’s previous request concerning the reform of the labour inspection services, that Decision No. 295 of 20 March 2013 on “the Establishment, Organization and Functioning of the State Inspectorate of Labour and Social Services (SLISS)” establishes the SLISS as the central institution to guarantee compliance with the legal requirements of labour legislation. The Committee also notes that the SLISS is organized into central and regional levels, and that there are 12 regional branches of the SLISS.

Articles 3(1)(a)–(b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a)–(b) and (3), and 19 of Convention No. 129. Inspections in the field of OSH. The Committee notes the Government’s indication, in reply to its previous request, that the identification and listing of workplaces prone to a high risk of accidents and occupational diseases is administered by the Department of Inspection for Safety and Health at Work, which is part of the central inspectorate of the SLISS. In this capacity, the Department updates monthly a list of workplaces for priority inspection, which are then inspected by a team of three inspectors from the Central Department and inspectors from the relevant regions and as applicable, inspectors for the oil, extraction and processing, and energy sectors. The Committee also notes the information provided by the Government, in response to the Committee’s previous request, on the number of occupational diseases reported to the SLISS and the number of inspections performed following occupational accidents. In addition, the Committee notes the Government’s indication in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that labour inspectors have found that, in general, the level of implementation of OSH legislation was not satisfactory, and that the number of occupational accidents remained high. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of the labour inspectorate with respect to occupational safety and health issues as well as the number of occupational accidents and cases of occupational disease notified to the labour inspectorate.

Labour inspection activities relating to undeclared work. The Committee previously noted measures taken to prevent undeclared work, including through a telephone and online complaints system, among other joint activities with the social partners and with the support of the ILO. The Committee notes the Government’s indication that the number of complaints has increased, and that 65 per cent of the 137 complaints received in 2014 were resolved in favour of the employee on issues ranging from illegal employment, overdue wages, unpaid social security contributions and non-payment of overtime and holiday wages. The labour inspectorate identified 2,886 informal workplaces in 2014, employing 4,638 workers who had not been declared to the tax authorities (up from 1,994 such workers detected in 2010). The Committee requests the Government to continue to provide statistical data on the number of workers who were granted their due rights concerning the legal provisions relating to conditions of work and the protection of workers’ rights as a consequence of inspections aimed at detecting undeclared work, including any judicial decisions in that respect, once available.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Cooperation between the inspection services and other government services and public or private institutions. The Committee notes Order No. 47 of 2012 which sets up an inter-institutional working group for the monitoring of the reform on inspections, and that this working group involves high-level representatives from many related government agencies to coordinate work on inspection. The Committee also takes due note of the Government’s indication that it has worked with the National Agency of Information Society to install and implement the e inspection hardware and software to coordinate the activities of the SLISS and the state inspectorates, which the Government reports has shortened timelines for inspections and increased effectiveness and transparency by enabling the exchange of data.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training. The Committee notes the information provided by the Government, in response to its previous request, regarding training of labour inspectors coordinated by the central inspectorate, including several trainings on inspection methodology, the use of the e inspection portal as well as the provision of inspection kits and training to 115 inspectors of the SLISS. Moreover, with respect to agriculture, the Committee notes the Government’s indication regarding the preparation of a practical guide for labour inspectors in relation to the monitoring of risk assessment in the area of agriculture. The Committee requests the Government to continue to provide information on the content, frequency and duration of the training given to inspectors, and also requests the Government to provide a copy of the draft rules to implement the programming of risk-based inspections, and any trainings provided on the reformed procedures.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of the labour inspection services. The Committee requests the Government to ensure that annual labour inspection reports are published, including information on each of the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and that these reports are transmitted to the International Labour Office.