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

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the 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. The Committee also noted the various measures 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 implemented under the Action Plan for Children 2012–15.

The Committee notes the information provided by the Government in its report that the Decision of the Council of Ministers No. 129 of 13 March 2019 (Decision No. 129) establishes the procedures for the identification, immediate assistance, and referral of economically exploited children. Following Decision No. 129, in 2019, the field teams on the identification of economically exploited children were set up in 22 municipalities. Some 272 working children were identified in 2019 by the field teams and 150 in 2020. The Government indicates that the identified children received the necessary services, including medical care and placement in social care institutions and day care centers. The Committee also notes the adoption of the National Action Plan for the Protection of Children from Economic Exploitation, including Children in Street Situations for 2019–2021 (National Action Plan for 2019–2021) by the Decision of the Council of Ministers No. 704 of 21 October 2019. According to the 2019 periodic report of Albania to the Committee on the Rights of the Child, the main objectives of the National Action Plan for 2019-2021 are the prevention of children’s economic exploitation; protection based on the identified needs of the child; breaking the social and cultural barriers that provoke economic exploitation; and prosecution of the criminal cases related to the economic exploitation of children (CRC/C/ALB/5-6, paragraph 241). The Committee requests the Government to continue to pursue its efforts to combat child labour and to provide information on the specific measures taken, particularly under the framework of the National Action Plan for 2019–2021, and the results achieved in this regard. The Committee further requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons by age group and gender.

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 and the Regulation “On the Protection of Children at Work Decision No 108/2017” exclude, from their applicability, children engaged in work outside of an employment agreement, such as self-employed children or those working in the informal sector. The Committee further noted the measures taken by the Government to strengthen the labour inspection system to effectively monitor and enforce labour legislation, including in cases of finding informal employment.

The Committee notes the indication by the Government that in 2019, the State Labour Inspectorate and Social Services (SLISS) identified 255 working children under 18 years of age (88 girls and 167 boys), most of whom were working in manufacturing and trade. In January-March 2021, the SLISS identified 17 working children under 18 years of age. The Committee also notes the elaboration of a guide for labour inspectors on the identification of child labour for its effective monitoring. The Government further indicates that in 2019, 118 labour inspectors received training on the application of Decision No. 129, according to which labour inspectors shall immediately report on identified cases of child labour to the child protection officer. The Government also indicates that, due to the new structure of the SLISS established by virtue of the Prime Minister’s Order No. 156 of 24 November 2020, the total number of employees of the SLISS has increased from 154 to 165. The Committee, however, notes its comments on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129) indicating the need to take measures to ensure the provision of suitably equipped offices and necessary transport facilities to labour inspectors and the low percentage of the inspection visits carried out in agriculture. The Committee requests the Government to continue to strengthen the functioning of the labour inspectorate to enable it to effectively monitor and detect cases of child labour, and prevent and remedy conditions that inspectors have reasonable cause to believe constitute a threat to the health or safety of children, including children working on their own account as well as in agriculture and the informal economy. It also requests the Government to provide statistical information on the number and nature of violations detected by the SLISS related to children engaged in child labour.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s reference to the Action Plan for Children (2012–15), which aims to harmonize policies for the realization of children’s rights, strengthen measures to prevent child labour and upgrade the role of the State Labour Inspectorate to improve the situation of working children. The Committee also notes with interest the adoption of Act No. 10347 of 11 April 2014 on the protection of children’s rights which, among others, establishes the Child Protection Unit (CPU) to collaborate with labour inspectors in municipalities and communes, to strengthen sanctions for violations as well as to enhance the capacity of labour inspectors to identify children at risk. The Government indicates that there are currently 190 CPUs in the country. The Committee further notes the Government’s indication that, in 2014, Albania will begin an administrative-territorial reform that aims to further enhance the capacity of the CPU to provide services to children.

The Committee welcomes the Government’s Action Plan to strengthen the protections, policies and monitoring of child labour. It notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/ALB/CO/2-4, paragraphs 11 and 78) of 2012, expressed concern at the large number of children that remain subjected to economic exploitation and the absence of a specific budget allocated to the realization of the Action Plan. It further notes the results of the 2010 National Child Labour Survey, which was carried out with ILO–IPEC assistance, according to which 20,200 out of 35,500 child labourers were engaged in hazardous work (56.6 per cent). In addition, the Government indicates that some 54.2 per cent of child workers remain in unfavourable working conditions. The Committee requests the Government to provide information concerning the implementation of the Action Plan for Children (2012–15), including the measures taken by the CPU, to effectively remove children from child labour, particularly from hazardous work. The Committee also requests the Government to indicate any measures taken or anticipated to enhance its system of child labour monitoring, labour inspection and data collection. In addition, noting that the Action Plan is scheduled to terminate in 2015, the Committee requests the Government to provide updated information concerning any follow-up national programmes or policies.

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

The Committee notes the Government’s information concerning a 2014 initiative to address children who are involved in informal work through cross sectorial intervention and cooperation. The Committee further notes the Government’s reference to a task force that has been set up in this respect, as well as its reference to the National Council for the protection of children’s rights (NCPCR), a State Agency for the protection of children’s rights (SAPCR) and a coordination Minister for issues related to the protection of children’s rights.

While noting these legislative and policy initiatives, however, the Committee also understands, based on the statistical information contained in the Government’s reports in 2012 and in 2014, that over 14 per cent of children have been identified during labour inspections conducted by the State Labour Inspectorate as self-employed or working in the informal economy. It further notes that the CRC, in its concluding observations (CRC/C/ALB/CO/2-4, paragraphs 78–79), expressed concern with the large number of children subjected to economic exploitation, including those working in informal activities. The Committee accordingly requests the Government to continue to strengthen its efforts to ensure that the protection afforded by the Convention is granted to children carrying out economic activities without an employment agreement, including self-employed children and children working in the informal economy, as soon as possible. It further requests the Government to provide information on the impact of its initiatives to enhance cross-sectorial cooperation to protect these children.

Article 6. Apprenticeship and vocational training. The Committee previously noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205, minors under 14 years of age may be engaged in the vocational training system authorized by the State Labour Inspectorate. The Committee further noted that it seemed that children under 14 years of age could be authorized to undertake practical internships, 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 interest the Government’s information concerning proposed amendments to the Labour Code and Decree No. 205 which will increase the minimum age to participate in the vocational training programme to at least 14 years. The Committee further notes the Government’s indication that the Ministry of Social Welfare and Youth is drafting, with ILO technical assistance, a regulation on children’s work which will transpose the provisions of European Directive 94/33 of 22 June 1994 on the protection of young people at work. The Committee requests the Government to provide updated information concerning the outcome of proposed amendments.

Article 7(3). Determination of types of light work. The Committee recalls its previous comment which 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 interest the Government’s information concerning proposed amendments to identify such activities and to determine the maximum duration and conditions of such work. The Committee welcomes this information and requests the Government to provide updated information concerning the outcome of proposed amendments.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s reference to the Action Plan for Children (2012–15), which aims to harmonize policies for the realization of children’s rights, strengthen measures to prevent child labour and upgrade the role of the State Labour Inspectorate to improve the situation of working children. The Committee also notes with interest the adoption of Act No. 10347 of 11 April 2014 on the protection of children’s rights which, among others, establishes the Child Protection Unit (CPU) to collaborate with labour inspectors in municipalities and communes, to strengthen sanctions for violations as well as to enhance the capacity of labour inspectors to identify children at risk. The Government indicates that there are currently 190 CPUs in the country. The Committee further notes the Government’s indication that, in 2014, Albania will begin an administrative-territorial reform that aims to further enhance the capacity of the CPU to provide services to children.

The Committee welcomes the Government’s Action Plan to strengthen the protections, policies and monitoring of child labour. It notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/ALB/CO/2-4, paragraphs 11 and 78) of 2012, expressed concern at the large number of children that remain subjected to economic exploitation and the absence of a specific budget allocated to the realization of the Action Plan. It further notes the results of the 2010 National Child Labour Survey, which was carried out with ILO–IPEC assistance, according to which 20,200 out of 35,500 child labourers were engaged in hazardous work (56.6 per cent). In addition, the Government indicates that some 54.2 per cent of child workers remain in unfavourable working conditions. The Committee requests the Government to provide information concerning the implementation of the Action Plan for Children (2012–15), including the measures taken by the CPU, to effectively remove children from child labour, particularly from hazardous work. The Committee also requests the Government to indicate any measures taken or anticipated to enhance its system of child labour monitoring, labour inspection and data collection. In addition, noting that the Action Plan is scheduled to terminate in 2015, the Committee requests the Government to provide updated information concerning any follow-up national programmes or policies.

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

The Committee notes the Government’s information concerning a 2014 initiative to address children who are involved in informal work through cross sectorial intervention and cooperation. The Committee further notes the Government’s reference to a task force that has been set up in this respect, as well as its reference to the National Council for the protection of children’s rights (NCPCR), a State Agency for the protection of children’s rights (SAPCR) and a coordination Minister for issues related to the protection of children’s rights.

While noting these legislative and policy initiatives, however, the Committee also understands, based on the statistical information contained in the Government’s reports in 2012 and in 2014, that over 14 per cent of children have been identified during labour inspections conducted by the State Labour Inspectorate as self-employed or working in the informal economy. It further notes that the CRC, in its concluding observations (CRC/C/ALB/CO/2-4, paragraphs 78–79), expressed concern with the large number of children subjected to economic exploitation, including those working in informal activities. The Committee accordingly requests the Government to continue to strengthen its efforts to ensure that the protection afforded by the Convention is granted to children carrying out economic activities without an employment agreement, including self-employed children and children working in the informal economy, as soon as possible. It further requests the Government to provide information on the impact of its initiatives to enhance cross-sectorial cooperation to protect these children.

Article 6. Apprenticeship and vocational training. The Committee previously noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205, minors under 14 years of age may be engaged in the vocational training system authorized by the State Labour Inspectorate. The Committee further noted that it seemed that children under 14 years of age could be authorized to undertake practical internships, 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 interest the Government’s information concerning proposed amendments to the Labour Code and Decree No. 205 which will increase the minimum age to participate in the vocational training programme to at least 14 years. The Committee further notes the Government’s indication that the Ministry of Social Welfare and Youth is drafting, with ILO technical assistance, a regulation on children’s work which will transpose the provisions of European Directive 94/33 of 22 June 1994 on the protection of young people at work. The Committee requests the Government to provide updated information concerning the outcome of proposed amendments.

Article 7(3). Determination of types of light work. The Committee recalls its previous comment which 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 interest the Government’s information concerning proposed amendments to identify such activities and to determine the maximum duration and conditions of such work. The Committee welcomes this information and requests the Government to provide updated information concerning the outcome of proposed amendments.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(1) of the Convention. Scope of application. Self-employed children or children working in the informal sector. The Committee previously noted that section 3(1) of the Labour Code specifies that the Code is applicable to an employment contract, which is defined as an agreement regulating the work relations between employers and employees. It therefore observed that the Labour Code appeared to exclude children engaged in work outside of an employment agreement, such as self-employed children or those working in the informal sector.

The Committee notes the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that 13.3 per cent of children identified during labour inspections conducted by the State Labour Inspectorate did not have an individual work contract. It also notes the statement in the Government’s National Child Strategy of 2005 that child labour mostly occurs in the informal sector, in work such as street vending and windshield washing. The Committee further notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Albania of 28 and 30 April 2010, entitled “Internationally recognized core labour standards in Albania” (ITUC Report) that labour inspectors generally investigate only the formal labour sector, although most child labour occurs in informal economic activities. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is an employment contract or the work is carried out on a self-employed basis. The Committee therefore requests the Government to take the necessary measures to ensure that the protection afforded by the Convention is granted to children carrying out economic activities without an employment agreement, including self-employed children and children working in the informal economy, as soon as possible. In this regard, the Committee encourages the Government to take measures to adapt and strengthen the State Labour Inspectorate to improve the capacity of labour inspectors to identify cases of child labour in the informal sector.

Article 3(3). Authorization to work from the age of 16 years. Following its previous comments, the Committee notes with satisfaction that pursuant to section 100 of the Labour Code (as amended in 2003), only persons over 18 years of age may be employed to carry out difficult jobs or jobs that pose danger for their health or personality.

Article 6. Apprenticeship and vocational training. The Committee previously noted that, in accordance with section 98(2) of the Labour Code, young persons under the age of 14 years engaged in vocational training activities or orientation are subject to rules defined by decree. It also noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205 of 2002, minors under 14 years of age may be engaged in the vocational training system under authorization of the State Labour Inspectorate. The Committee requested the Government to provide information on the minimum age for entering an apprenticeship programme.

The Committee notes the Government’s statement that in technical schools, practical internships are part of the professional qualification programme. The Committee observes that, as minors under 14 years may be engaged in vocational training, it appears that these children may be authorized to undertake practical internships. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme, the Committee requests the Government to take the necessary measures to ensure that only persons from the age of 14 are permitted to undertake practical internships in enterprises.

Article 7(3). Determination of types of light work. Following its previous comments, the Committee notes that section 98(1) of the Labour Code (as amended in 2003) states that juveniles between the ages of 14–16 may be employed during their school holidays, provided that this employment does not harm their health and development. The Committee also notes the Government’s statement that no regulations have been issued pursuant to this section. In this regard, the Committee reminds the Government that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities which constitute 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 take the necessary measures to ensure the determination of the types of activities which constitute permissible school holiday work for persons between the ages of 14–16, in addition to number of hours during which and the conditions in which such employment may be undertaken. It requests the Government to provide information on the progress made in this regard, with its next report.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that a national survey on child labour was under preparation, and requested a copy of this national survey. The Committee notes the Government’s statement in its report submitted under Convention No. 182 that, in February 2010, implementation began of a national survey on child labour by INSTAT (the Government’s institute for statistics), in cooperation with ILO–IPEC. In this regard, the Committee notes the information in an ILO–IPEC Technical Progress Report for the project entitled “Upstream activities for the prevention and elimination of the worst forms of child labour in Central and Eastern Europe” of February 2010 that this survey will be completed by May 2011, and will include both quantitative and qualitative data on the labour market and child activities. The Committee also notes the information in the Government’s report that, during the reporting period, 7,123 enterprises were inspected and 503 working children under the age of 18 identified, 457 of whom were in the production sector. The Government also indicates that the State Labour Inspectorate fined six enterprises for violations of provisions in the Labour Code related to the employment of children.

Nonetheless, the Committee notes the statement in the ITUC Report that child labour is a severe and deep-rooted problem in Albania. The ITUC Report indicates a large number of children work in extremely hazardous occupations and under dangerous conditions in the following sectors: agriculture, construction, small shoe and clothing factories and the service sector. The ITUC Report also states that the majority of child labourers work as street or shop vendors, farmers or shepherds, textile factory workers, miners, shoeshine boys, in small trade and services, transport, or street construction, and that the Construction Workers’ Trade Union reports that 20 per cent of construction workers are less than 16 years of age. The ITUC Report further indicates that children working in these sectors are exposed to chemicals, carrying heavy loads, exhaustion owing to long working hours, injuries from tools, and denial of access to schooling and social activities necessary for proper growth and development. Lastly, the ITUC Report indicates that these children were employed both as permanent workers and as seasonal or day workers, and refers to figures from Education International estimating that 50,000 children work part time or full time in Albania. Therefore, while noting the efforts made by the Government to combat child labour, the Committee expresses its concern at reports of a large number of working children in the country, as well as the significant number of children engaged in hazardous occupations. The Committee accordingly requests the Government to strengthen its efforts to address the problem of child labour in the country, in continued collaboration with ILO–IPEC. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved. Lastly, the Committee requests the Government to provide information from the national survey on child labour, once completed, particularly on the number of working children under the minimum age of 16.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee had previously noted that the Government undertook several programmes in cooperation with ILO/IPEC aimed at preventing and eliminating child labour in Albania. In particular, it had noted the Government’s indication that the Ministry of Labour and Social Affairs (MLSA), together with ILO/IPEC, established a two-phase project with the long-term objective of eliminating child labour in Albania. The National Steering Committee established under the said project would continue to lead the political process on the elimination of child labour and take the required steps to ensure the efficient implementation of programmes in the field.

The Committee notes with interest the Government’s information that, in the framework of the ILO/IPEC Programme “Development of a National Plan on the Elimination of Child Labour in Albania”, the Child Labour Unit (CLU) of the MLSA has implemented various action plans. In particular, the action plan “Enhancing the capacity of the MLSA in combating the problem of child labour in Albania” contributed to the progressive elimination of child labour through increasing the institutional capacity of the CLU to plan, coordinate and implement the child labour-related policies programmes. This plan also contributed to increasing the skills of the labour inspectors of the MLSA to monitor child labour. Moreover, under the action plan “Enhancing the capacity of labour inspectors to combat the worst forms of child labour in Albania”, 20 labour inspectors were trained on child labour issues. Another 75 labour inspectors were trained more specifically on identifying and monitoring the worst forms of child labour. Finally, under the action plan “Child Labour Monitoring System (CLMS) in Albania”, which aims at eliminating the worst forms of child labour through the CLMS, three CLMS local action committees (LACs) were set up in Tirana, Berat and Kiorca, composed of the heads of municipalities, labour inspectors, social welfare officers, education officers, trade unions, employment officers and the police. These LACs have the following objectives: (a) identifying working children and the risks to which they are exposed; (b) providing working children and children at risk of being involved in the worst forms of child labour with rehabilitative services; and (c) tracking those children to verify that they are removed from child labour, including its worst forms, and that they have access to satisfactory alternatives. As a result of this plan, 300 working children and children at risk were identified and referred to the LACs in the three abovementioned districts. Out of the 300 children, 223 were prevented and 77 withdrawn from child labour, including its worst forms. The Committee also notes the Government’s information that the Children’s National Strategy, approved on 31 May 2005, and its action plan, include among their main objectives: (a) protecting children from all forms of child labour and providing them with rehabilitative services; and (b) improving the quality of education and raising primary-school attendance.

Article 2, paragraph 1. Self-employment. The Committee had previously noted 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. It had observed, therefore, that the Labour Code appears to exclude self-employment from its scope of application. The Committee once again requests it to indicate any measures taken or envisaged to ensure the application of the Convention to all types of work, including self-employment.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had previously noted 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. Regarding working hours, it had noted that section 78(3) of the Labour Code provides that employees under the age of 18 years may only work up to six hours a day. It had also noted, however, that, according to section 5 of Decree No. 384 of 20 May 1996 on the protection of minors at work, working hours in cases of difficult or hazardous work are limited to a maximum of eight hours a day. The Committee had observed the inconsistency between these two provisions. The Committee notes that the Government has not provided any information on this point. The Committee urges the Government to indicate in its next report the measures taken or envisaged to ensure that young persons between 16 and 18 years of age performing hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention, and to specify if the organizations of employers and workers have been consulted on the matter.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that, in accordance with section 98(2) of the Labour Code, young persons under the age of 14 years engaged in vocational training activities or orientation are subject to rules defined by decree. It had further noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205 of 2002, minors under 14 years of age may be engaged in the vocational training system under authorization of the State Labour Inspectorate. The Committee notes that the Government provides no information regarding apprenticeship and, more specifically, on the minimum age for entering an apprenticeship programme. It recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme. The Committee requests the Government to provide information on the minimum age for entering an apprenticeship programme.

Article 7, paragraph 3. Determination of types of light work. The Committee had previously noted that section 99(2) of the Labour Code provides that light work will be determined by a decree, which will also determine the maximum working hours and may regulate working conditions. It notes the Government’s information that, while the Labour Code allows children between 14 and 16 years to engage in “easy jobs” during school breaks, there are no criteria set up in the Labour Code for what constitutes “easy jobs”. It also notes the Government’s information that no decree pursuant to section 99(2) of the Labour Code has been adopted yet. The Committee reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work is permitted. It once again requests the Government to provide information on the measures taken or envisaged in respect of provisions which would determine light work activities which may be undertaken by young persons from 14 years and above, in conformity with Article 7, paragraph 3, of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the information communicated by the Confederation of Trade Unions of Albania (CTUA) dated 30 September 2004, young persons under the minimum age are widely employed to do heavy and hazardous work. It notes that, according to the Government’s communication in reply to the CTUA’s allegations, dated 5 May 2005, as a result of different inspections practiced by the state labour inspectorate and by the unit working for the project for eliminating child labour, no cases of children performing heavy work dangerous for their health were detected. The Committee notes that, according to the final report of the ILO/IPEC project “Development of a National Programme on Elimination of Child labour in Albania” of 28 January 2007, a national survey on child labour and research on several specific forms of child labour were carried out. The Committee requests the Government to provide with its next report a copy of the national survey on child labour and on the research conducted on this issue in the framework of the ILO/IPEC “Development of a National Programme on Elimination of Child labour in Albania”.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that, according to information available at the Office, the Government has undertaken several programmes in cooperation with ILO/IPEC. These include: “Initiating action on the prevention and elimination of child labour in Albania”, implemented by the Children’s Human Rights Centre in Albania; “Enhancing the capacity of the Albanian trade unions in combating child labour”, implemented by the Confederation of Albanian Trade Unions for Education; “Enhancing the capacity of the employers’ organizations in combating child labour in Albania”, implemented by the Council of Employers, Albania; and “National report and programme framework on the elimination of child labour”, implemented by the Ministry of Labour and Social Affairs.

The Committee further notes the Government’s indication that the Ministry of Labour and Social Affairs, together with ILO/IPEC, have established a two-phase project with the long-term objective of eliminating child labour in Albania. The first phase of the project includes the implementation of a programme that shall focus on: establishing a database covering both the formal and informal economic sector in order to fill the information gap on child labour; improving national legislation for the purpose of harmonizing it with international standards; and establishing a constructive dialogue between the Government and the organizations of employers and workers. The Committee further notes that policies to be pursued during the second phase of the project include: targeting more accurately the children that would benefit from the project; cooperation with the Ministry of Education in the area of reducing the number of children dropping out of school; putting into effect a nine-year compulsory schooling; and conducting an intensive media campaign on child labour in order to make people aware of the problem and to alter any wrong perceptions that people might have of child labour. The Committee also observes from the information provided by the Government that the National Steering Committee, established under the said project, will continue to lead the political process on the elimination of child labour and take the required steps to assure the efficient implementation of programmes in the field. The Committee takes due note of this information and requests the Government to provide information in its next report on the results attained by the abovementioned programmes with regard to the abolition of child labour.

Article 2, paragraph 1, of the Convention. Self-employment. The Committee had previously noted 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 notes that the Government has not communicated any information on this point and therefore reminds the Government that the Convention applies not only to work under an employment contract, but to all types of work or employment regardless of the existence of a contractual relationship. The Committee once again requests the Government to indicate any measures taken or envisaged to ensure the application of the Convention to all types of work, including self-employment.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had previously noted 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. Regarding working hours, the Committee had noted that section 78(3) of the Labour Code provides that employees under the age of 18 years may only work up to six hours a day. It had also noted that, according to section 5 of Decree No. 384 of 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. The Committee had noted the inconsistency between these two provisions. The Committee notes, however, that the Government has not provided any information on this point. It therefore recalls that, under the terms of Article 3, paragraph 3, of the Convention, the exception to the prohibition of employment of young persons 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. The Committee once again asks the Government to indicate in its next report the measures taken or envisaged to ensure that young persons between 16 and 18 years of age performing hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention, and to specify if the organizations of employers and workers have been consulted on the matter.

Article 6. Vocational training. The Committee had previously noted that, in accordance with section 98(2) of the Labour Code, young persons under the age of 14 years engaged in vocational training activities or orientation are subject to rules defined by decree. It had further noted the statement made by the Government, that in vocational schools, practical work is part of the educational training programme. The Committee had also noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205, minors who are under 14 years of age may be engaged in the vocational training system under authorization of the State Labour Inspectorate. The Committee notes the Government’s indication that, according to section 5(c) of Act No. 8872 dated 29 March 2002, persons under 18 years of age may be subject to vocational training. The Committee recalls that Article 6 of the Convention allows work done by persons in undertakings (or enterprises) for vocational training only from the age of 14 years. It accordingly asks the Government to indicate the measures taken or envisaged to limit vocational training in enterprises to children who have reached 14 years of age. The Committee further asks the Government to supply a copy of Decree No. 394 dated 23 April 2004 on Tariffs of Occupational Training Systems.

Article 7, paragraph 3. Determination of types of light work. Referring to its previous comments, the Committee had noted that section 99(2) of the Labour Code provides that light work will be determined by a decree, which will also determine the maximum working hours and may regulate working conditions. The Committee once again 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 in which such employment or work may be undertaken by young persons from 14 years and above.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on this point. It therefore once again asks the Government to provide information on the manner in which the Convention is applied in practice including, if possible, statistical data on the number of children engaged in any form of employment or work by age group and the occupations or types of work involved, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the communication of the Confederation of Trade Unions of Albania dated 30 September 2004. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that, according to information available at the Office, the Government has undertaken several programmes in cooperation with ILO/IPEC. These include: "Initiating action on the prevention and elimination of child labour in Albania", implemented by the Children’s Human Rights Centre in Albania; "Enhancing the capacity of the Albanian trade unions in combating child labour", implemented by the Confederation of Albanian Trade Unions for Education; "Enhancing the capacity of the employers’ organizations in combating child labour in Albania", implemented by the Council of Employers, Albania; and "National report and programme framework on the elimination of child labour", implemented by the Ministry of Labour and Social Affairs.

The Committee further notes the Government’s indication that the Ministry of Labour and Social Affairs, together with ILO/IPEC, have established a two-phase project with the long-term objective of eliminating child labour in Albania. The first phase of the project includes the implementation of a programme that shall focus on: establishing a database covering both the formal and informal economic sector in order to fill the information gap on child labour; improving national legislation for the purpose of harmonizing it with international standards; and establishing a constructive dialogue between the Government and the organizations of employers and workers. The Committee further notes that policies to be pursued during the second phase of the project include: targeting more accurately the children that would benefit from the project; cooperation with the Ministry of Education in the area of reducing the number of children dropping out of school; putting into effect a nine-year compulsory schooling; and conducting an intensive media campaign on child labour in order to make people aware of the problem and to alter any wrong perceptions that people might have of child labour. The Committee also observes from the information provided by the Government that the National Steering Committee, established under the said project, will continue to lead the political process on the elimination of child labour and take the required steps to assure the efficient implementation of programmes in the field. The Committee takes due note of this information and requests the Government to provide information in its next report on the results attained by the abovementioned programmes with regard to the abolition of child labour.

Article 2, paragraph 1, of the Convention. Self-employment. The Committee had previously noted 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 notes that the Government has not communicated any information on this point and therefore reminds the Government that the Convention applies not only to work under an employment contract, but to all types of work or employment regardless of the existence of a contractual relationship. The Committee once again requests the Government to indicate any measures taken or envisaged to ensure the application of the Convention to all types of work, including self-employment.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had previously noted 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. Regarding working hours, the Committee had noted that section 78(3) of the Labour Code provides that employees under the age of 18 years may only work up to six hours a day. It had also noted that, according to section 5 of Decree No. 384 of 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. The Committee had noted the inconsistency between these two provisions. The Committee notes, however, that the Government has not provided any information on this point. It therefore recalls that, under the terms of Article 3, paragraph 3, of the Convention, the exception to the prohibition of employment of young persons 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. The Committee once again asks the Government to indicate in its next report the measures taken or envisaged to ensure that young persons between 16 and 18 years of age performing hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention, and to specify if the organizations of employers and workers have been consulted on the matter.

According to information communicated by the Confederation of Trade Unions of Albania, dated 30 September 2004, young persons under the minimum age are widely employed to do heavy and hazardous work. The Committee requests the Government to provide further information on this point.

Article 6. Vocational training. The Committee had previously noted that, in accordance with section 98(2) of the Labour Code, young persons under the age of 14 years engaged in vocational training activities or orientation are subject to rules defined by decree. It had further noted the statement made by the Government, that in vocational schools, practical work is part of the educational training programme. The Committee had also noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205, minors who are under 14 years of age may be engaged in the vocational training system under authorization of the State Labour Inspectorate. The Committee notes the Government’s indication that, according to section 5(c) of Act No. 8872 dated 29 March 2002, persons under 18 years of age may be subject to vocational training. The Committee recalls that Article 6 of the Convention allows work done by persons in undertakings (or enterprises) for vocational training only from the age of 14 years. It accordingly asks the Government to indicate the measures taken or envisaged to limit vocational training in enterprises to children who have reached 14 years of age. The Committee further asks the Government to supply a copy of Decree No. 394 dated 23 April 2004 on Tariffs of Occupational Training Systems.

Article 7, paragraph 3. Determination of types of light work. Referring to its previous comments, the Committee had noted that section 99(2) of the Labour Code provides that light work will be determined by a decree, which will also determine the maximum working hours and may regulate working conditions. The Committee once again 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 in which such employment or work may be undertaken by young persons from 14 years and above.

Article 8. Artistic performances. The Committee had previously noted that section 102 of the Labour Code authorizes the participation of young persons in artistic performances. It had also noted 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 a description of the work and the working schedule. The Committee notes the Government’s indication that, according to section 102(2) of the Labour Code, the individual authorizations specify the maximum duration of work and working conditions for juveniles carrying out social and cultural activities. The Committee takes due note of this information.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on this point. It therefore once again asks the Government to provide information on the manner in which the Convention is applied in practice including, if possible, statistical data on the number of children engaged in any form of employment or work by age group and the occupations or types of work involved, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

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

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.