Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Articles 4 and 5 of the Convention. Protection against anti-union discrimination and interference. Noting the Government’s indication that a draft Labour Code was expected to be approved by the Parliament, the Committee had expressed the hope that the new Labour Code would provide for the protection of public employees against anti-union discrimination and interference set out in Articles 4 and 5 of the Convention. The Committee notes the Government’s indication that the Labour Code was amended by law no. 136/2015 which entered in force in June 2016. It observes that the Labour Code, as amended, maintains the provisions concerning: (i) the application of the Labour Code to civil servants covered by law no. 152/2013 on Civil Servants (section 4 of the Labour Code); (ii) protection against acts of anti-union discrimination (sections 10 and 146(1)(e) of the Labour Code); and (iii) protection against acts of interference by state bodies and employers in the establishment, functioning and administration of employees’ organizations (sections 184–186 and 202 of the Labour Code). Furthermore, it notes with interest that the Labour Code, as amended: (i) recognizes union membership as a ground of discrimination (section 9 of the Labour Code); and (ii) extends the protection provided to trade union representatives to one year after the expiration of their mandate (section 181 of the Labour Code).

The Committee recalls that, in its observations under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in the absence of tribunals specialized in labour issues and in view of allegations of long delays in the judicial examination of cases of anti-union discrimination and interference, it has been urging the Government to establish appropriate enforcement mechanisms without further delay. Recalling that the existence of general legal provisions prohibiting acts of anti-union discrimination and interference is insufficient unless accompanied by effective and rapid procedures to ensure their application in practice, the Committee therefore requests the Government to provide information on the enforcement mechanisms available to civil servants subject to anti-union discrimination and interference practices and to ensure that the mentioned procedures fully comply with Articles 4 and 5 of the Convention.

Article 6. Facilities for workers’ representatives. In its previous comments, having noted the Government’s indication that section 181 of the Labour Code requires employers to create all necessary facilities for the elected representatives of the organization of employees to normally exercise their functions, which are defined by collective contracts, the Committee had requested the Government to indicate whether civil servants had entered into collective agreements defining the necessary conditions and facilities to be extended to the elected representatives of their organization. It had also requested the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions. The Committee notes the Government’s indication that: (i) elements of the employment relationship in the civil service, such as working conditions and disciplinary measures, are provided in law no. 152/2013 on Civil Servants, and therefore cannot be defined in individual or collective agreements; (ii) only those aspects of the employment relationship which are not regulated by law no. 152/2013 shall be regulated by the Labour Code; and (iii) civil servants have not signed any collective agreement defining the conditions and facilities for elected representatives of the organization. The Committee recalls that the facilities to be granted to workers’ and public employees’ organizations representatives in the performance of their trade union activities and duties are a logical corollary of the functions of trade unions, namely the functions of bargaining, consultation, cooperation and supervision of labour standards (see the 2013 General Survey on collective bargaining in the public service, paragraph 129). In this respect, the Committee wishes also to recall that, in accordance with the aims of the Convention, several facilities should be granted by law or in practice and that (…) it considers for example, that merely providing a noticeboard and granting the right to distribute trade union newsletters would clearly not suffice to meet the requirements and aims of the Convention (see the 2013 General Survey on collective bargaining in the public service, paragraph 142). In light of the above, the Committee requests the Government to indicate the manner in which it ensures, in law and practice, that representatives of recognized organizations of civil servants and public employees are provided with the necessary facilities to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work.

Articles 7 and 8. Participation in the determination of conditions of employment. Settlement of disputes. Given that Albania has ratified the Collective Bargaining Convention, 1981 (No. 154), which recognizes the right of public servants to bargain collectively, the Committee will examine this matter within the framework of the application of Convention No. 154. In addition, noting that the observations formulated in previous years by the Confederation of Trade Unions of Albania alleging the inadequate functioning of the disputes settlement mechanisms referred to both the public and private sectors, the Committee is also examining this issue under Convention No. 154 that covers collective bargaining in both sectors.