Labour Inspection Convention, 1947 (No. 81) - Albania (Ratification: 2004)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Union of Independent Trade Unions of Albania (BSPSH) communicated with the Government’s report.

Articles 3(1)(a)–(b) and 14 of Convention No. 81 and Articles 6(1)(a)–(b) and 19 of Convention No. 129. Functions entrusted to labour inspectors. Notification of industrial accidents and cases of occupational disease. Following its previous comment, the Committee notes the indication of the Government that in 2021, 187 industrial accidents were reported to labour inspectors (195 in 2018 and 176 in 2019), and that 31 were fatal (27 in 2018 and 38 in 2019). The Committee notes that the ILO Decent Work Country Programme for 2023–26 indicates that in Albania non-fatal accidents and occupational diseases are underreported, and that psychological risks were not integrated in the Political Document on Safety and Health at Work (2016–2020). The Committee further notes that in 2020, the structure of the State Labour and Social Services Inspectorate was revised with the establishment of a new Department of Risk Assessment. The Committee requests the Government to continue to provide information on the number of industrial accidents and occupational diseases notified to the labour inspectorate and to indicate the reasons for the underreporting and the measures undertaken to address this problem. Moreover, the Committee once again requests the Government to provide information on the measures taken or envisaged in order to strengthen the capacity of the labour inspectorate with respect to occupational safety and health (OSH) issues and to provide information on the role of the Department of Risk Assessment in that regard.

Article 3(1)(a)–(b) and (2) of Convention No. 81 and Article 6(1)(a)–(b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comment, the Committee takes note of the statistical information provided by the Government on undeclared work disaggregated by economic sectors and regions for 2021 and January 2022. In particular, the Committee takes note that during 2021, the State Labour and Social Services Inspectorate identified 1,092 informal employees, that suspension of works was ordered in 1,041 cases, until the employees concerned were provided with the relevant insurance and that, meanwhile, uninsured employees have been reported to the tax offices. While noting the efforts to tackle undeclared work, the Committee requests the Government to continue to provide information on the number of workers who, as a consequence of inspections, were granted their due rights concerning the legal provisions relating to conditions of work, including the payment of overdue wages and social security contributions, as well as the conclusion of employment contracts. Noting the indication of the Government that uninsured workers are reported to the tax offices, the Committee requests the Government to provide information on the consequences for the uninsured workers of such reporting.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee notes that in its observations the BSPSH indicates that it has suggested the creation of an advisory board which would allow an exchange of information and views with the most representative organizations of employers and workers regarding the most effective way to implement the provisions of the Labour Code. The BSPSH adds that in case the creation of such a board would prove impossible, it suggests that the highest forum of the labour inspectorate organizes quarterly meetings with representatives of employers and workers’ organizations to exchange information. The Committee requests the Government to provide its comments in this respect.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training. The Committee notes that the Government does not provide information on this matter. The Committee also notes the planned ILO technical assistance within the framework of the Decent Work Country Programme for 2023–26 for the provision of training to labour inspectors in order to reach effective protection at work, including the prevention of violence and harassment in the world of work, and the improvement of the labour inspectorate’s services on OSH issues and labour law enforcement. The Committee requests the Government to provide information on the training for labour inspectors, including within the context of the Decent Work Country Programme. In particular, the Committee once again requests the Government to provide information on any progress made regarding the initial and further training provided to labour inspectors. The Committee also renews its request that the Government provide detailed information on the content, frequency and duration of the training given to inspectors, including the number of participants and the subjects covered at each training session.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of labour inspection services. Following its previous comment, the Committee notes that the Government provided statistics on labour inspection activities in 2021 and January 2022 but that the last report published by the central inspection authority on its website is for the year 2020. The Committee once again requests the Government to publish and provide annual reports to the ILO on the activities of the labour inspectorate, and to ensure that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

[The Government is asked to reply in full to the present comments in 2024.]

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. Following its previous comment, the Committee notes the indication of the Government that during the 207 inspections carried out in 2021 following notification of industrial accidents to labour inspectors, a warning was issued in 39 per cent of the cases and a fine was imposed in 28 per cent of the cases. Noting that the information provided by the Government only refers to measures taken following a violation of occupational safety and health (OSH) measures, the Committee requests once again that the Government indicate the measures it is taking to ensure the application of adequate penalties for violations of all legal provisions enforceable by labour inspectors. In addition, the Committee requests once again that the Government provide detailed information on the number and nature of fines imposed, the outcomes of the judicial appeals of inspection decisions and the percentage of violations detected during unscheduled and scheduled inspections respectively.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service.Noting the absence of any information on this matter,the Committee urges once again the Government to provide information on any progress made to improve the conditions of service of labour inspectors or results achieved within the framework of the salary and job classification reform. The Committee once again requests the Government to strengthen its efforts to ensure the availability of comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of Government employees exercising similar functions, such as tax inspectors or police officers, and to provide detailed information in this regard.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Staffing and material means of the labour inspection services. Noting the absence of information on this matter, the Committee once again urges the Government to: (i) take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the labour inspectorate, by providing it with adequate staffing and material means, such as suitably equipped offices and necessary transport facilities, and (ii) provide detailed information in this respect.

Articles 12(1) and 16 of Convention No. 81 and Articles 16(1) and 21 of Convention No. 129. Right of inspectors to enter freely any workplace and undertaking of inspections as often and as thoroughly as is necessary. Following its previous comment, the Committee notes that the Government indicates that in 2021, labour inspectors carried out 7,039 inspections, out of which 14 per cent were unscheduled inspections (627 inspections in response to complaints, 207 due to occupational accidents and 135 for indications of flagrant violations). The Committee notes that the Government does not provide information on the measures taken to amend sections 26 and 27 of the Law No. 10433 of 2011 on inspection which, as noted in its previous comment, restrict the free initiative of inspectors by providing that “off-programme” inspections may only be carried out in prescribed situations and by requiring a formal authorization to inspect, issued by the Chief Inspector or the chief inspector of the territorial branch. Therefore, the Committee once again requests that the Government adopt the necessary legislative measures to ensure that labour inspectors are empowered to enter workplaces liable to inspection freely and without previous notice in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee once again requests the Government to continue to provide information on the number of scheduled and unscheduled inspections as well as the total number of workplaces liable to inspection. In addition, the Committee renews its request for the Government to provide information on any disciplinary measures imposed on labour inspectors related to the procedures for the authorization of inspection under the Law on inspection.

Matters specifically relating to labour inspection in agriculture

Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129. Labour inspection activities in agriculture. Following its previous comment, the Committee notes the indication of the Government that in 2021, 213 workplaces (covering 1006 employees) were inspected in the agriculture, forestry and fishery sector, corresponding to three per cent of the total number of the workplaces inspected during that year. The Committee further notes that in 2021, out of the 207 workplaces that were inspected following the notification of industrial accidents to labour inspectors, only three were in the agriculture, forestry and fishery sector. Noting that the percentage of the inspection visits carried out in agriculture continues to be low, the Committee once again requests the Government to strengthen its efforts to ensure the enforcement of laws and regulations in agriculture, including with respect to OSH, and to continue to provide information on the number of inspections carried out in that sector. Noting the absence of information on this matter, the Committee also requests the Government to provide information on measures undertaken or envisaged to ensure that training is provided to labour inspectors on agriculture-related subjects, and on any progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

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 Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

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 occupational safety and health (OSH). The Committee previously noted the Government’s statement that, in general, the level of implementation of OSH legislation was not satisfactory, and that the number of occupational accidents remained high.

The Committee notes the statistical information provided by the Government in its report on the number of injuries and fatalities at work and suspected cases of occupational diseases from 2017 to the first three months of 2020. It notes with concern a rising number of fatalities due to occupational accidents (137 injuries including 18 fatalities in 2017, 195 injuries including 27 fatalities in 2018 and 176 injuries including 38 fatalities in 2019). The Government indicates however, that the first 3 months of 2020 saw a reduction in injuries and fatalities compared to the same period of 2019. The Government also indicates that measures were undertaken to raise the awareness on accident reporting, as well as steps to facilitate their reporting at any hour and day of the week and increase the channels of information collection through collaboration with other institutions.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. It requests the Government to continue to provide information on the number of occupational accidents and cases of occupational disease notified to the labour inspectorate.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Labour inspection activities relating to undeclared work. Following its previous comments, the Committee notes the indication of the Government that, in 2019, a total of 2,879 employees were identified during inspection activities as uninsured. The suspension of work was ordered until the inclusion of these workers in the social and health insurance scheme and that subsequently 2,794 workers were provided with insurance. The Committee further notes the statistical information provided by the Government on undeclared work disaggregated by economic sectors and regions.The Committee requests the Government to continue to provide statistical data on the number of workers who, as a consequence of inspections, were granted their due rights concerning the legal provisions relating to conditions of work, including the payment of overdue wages and social security contributions, as well as the conclusion of employment contracts.

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 trainings provided to labour inspectors, including several trainings on labour legislation, sector-specific information, inspection methodology and child labour. In 2018, 128 inspectors received training, and 118 inspectors in 2019. The Committee also notes the detailed information provided by the Government regarding the launching of the “penalty matrix”, a platform aimed at enabling a clear orientation in the implementation of the labour legislation. The Government indicates that in 2018, 11 newly recruited inspectors and chief inspectors received training on this matrix.The Committee requests the Government to continue to provide information on the content, frequency and duration of the training given to inspectors as well as the number of participants.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of the labour inspection services. Following its previous comments, the Committee takes due note of the Government’s indication that the annual reports on the work of the labour inspection services are available online, and notes the detailed reports available on the inspectorate’s website.The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, and to ensure that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention 129, including statistical information on workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129).

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat 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 (labour inspection) and 129 (labour inspection in agriculture) together.

COVID-19 measures. The Committee notes the Government’s statement in its report regarding the labour inspection activities related to COVID-19. In particular, the Government indicates that the State Labour Inspectorate and Social Services (SLSSI), together with the State Health Inspectorate, is part of a task force responsible for monitoring the relevant protocols to reduce the transmission of infection among employees with a view to ensuring a safe and healthy working environment.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted that the number of labour inspectors was not sufficient to perform fully the inspection tasks required by law and that the lack of financial resources limited the ability of inspectors to travel. The Committee notes with concern the Government’s indication in its report that the number of employees of the SLSSI remains unchanged at 155, with 37 at the central level and 118 at the regional level. It also notes the Government’s indication that the total budget of the SLSSI for 2020 amounts to 186,300,000 Albanian lek (ALL) (approximately US$1,781,000) of which ALL120,278,000 (approximately US$1,150,000) is the salary fund, ALL20,086,000 (approximately US$192,000) is the Social Insurance Fund and the rest are investments and operating expenses. Six vehicles are available, of which three are used by the Central Directorate. Only three out of 12 regional branches have a vehicle at their disposal. Moreover, the Government indicates that there are 46 tablets and 55 laptops available for inspectors. The Committee urges the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, including the provision of suitably equipped offices and necessary transport facilities. The Committee also once again requests the Government to provide specific information on the staffing and material means of the SLSSI in performing inspections in agriculture, including transportation and local offices.

Articles 12(1) and 16 of Convention No. 81 and Article 16(1) and 21 of Convention No. 129. Right of inspectors to free entry of workplaces and undertaking of inspections as often as is necessary to ensure the effective application of the relevant legal provisions. The Committee previously noted that 10 per cent of inspections were unscheduled and/or emergency inspections, for which an authorizing officer shall issue an authorization within 24 hours.

The Committee notes the Government’s information that 13,079 entities were inspected in 2019, of which 78 per cent were planned inspections. Among the 2,823 unscheduled inspections, 197 were due to occupational accidents, 600 were in response to complaints and 2,026 were carried out following indications of flagrant violations. During the first three months of 2020, a total of 2,524 entities were inspected, of which 90 per cent were planned inspections. Among the 239 unscheduled inspections, 38 were due to occupational accidents, 135 were in response to complaints and 66 were carried out following indications of flagrant violations.

The Committee also notes the Government’s reference, regarding inspection procedures, to Law No. 10433 of 2011 on inspection and Law No. 9643 of 2006 on labour inspection. Section 13 of the Law on labour inspection provides that the labour inspector and controller are authorized to enter the working premises of any entity without prior notice. According to section 26 of the Law on inspection, inspections shall be carried out in the implementation of the inspection programme as a principle, and “off-programme” inspections may only be carried out in prescribed situations. Section 27 of the Law on inspection also provides that the administrative inspection procedure is initiated as a rule, upon the issuance of the authorization by the Chief Inspector or the chief inspector of the territorial branch. The inspection may only be initiated without authorization where a flagrant violation is found to be occurring or the occurrence of events, accidents or incidents that have affected or may affect life or health or the environment. The initiation of such an inspection shall be noted immediately in a special part of the inspection report, and the inspector is obliged to notify, without delay, the person responsible for the issuance of the authorization. Section 27 further provides that although the issuance of an authorization in violation of the relevant provisions shall not invalidate the decision of the inspection, it does constitute a disciplinary violation.

Referring to its 2006 General Survey, Labour Inspection, paragraphs 265 and 266, the Committee observes that, restrictions maintained on inspectors’ free initiative in this regard, such as the requirement for a formal authorization issued by a higher authority, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments. The Committee requests the Government to take the necessary legislative measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee requests the Government to provide information on the measures taken in this regard and to continue to provide information on the undertaking of inspections in practice, indicating the number of scheduled and unscheduled inspections, as well as the total number of workplaces liable to inspection. Lastly, the Committee requests the Government to provide information on any disciplinary measures imposed on labour inspectors related to the procedures for the authorization of inspection under the Law on inspection.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the Government’s indication, in response to the Committee’s previous comments on the remuneration scale and career prospects of labour inspectors, that the transfer and promotion of labour inspectors, as civil servants, is subject to Law No. 152 of 2013 on the Civil Service, as well as Decision of the Council of Ministers (DCM) No. 243 of 2015 on admission, movement, probationary period and appointment in the executive category and DCM No. 242 of 2015 on filling vacancies in the lower and middle management category. Regarding the current levels of remuneration, the Government provides information on the current salary categories of labour inspectors, and indicates that field inspectors receive a basic salary of ALL38,000, with a supplemental salary related to educational level and seniority. The Government also indicates that it is unable to provide comparative information between labour inspectors and tax inspectors due to limited data. The Committee further notes the Government’s indication that the issue of the payment of inspectors will be addressed in the framework of the salary and job classification reform in process. The Committee requests the Government to pursue its efforts to improve the conditions of service of labour inspectors within the framework of the current salary and job classification reform, and to provide information on any progress made or results achieved.It also requests the Government to strengthen its efforts to ensure the availability of comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers, and to provide this information, when available.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee previously noted the Government’s indication that the policy pursued by the SLSSI intended to reduce the number of fines in a rational way, and it requested the Government to provide statistical information regarding prosecutions and penalties.

The Committee notes the Government’s indication, and the information in the Annual Reports on Inspection Activities for 2018 and 2019 (available on the Government’s website), that 175 fines were imposed in 2018 and 160 fines in 2019 (compared with the 381 fines in 2011 previously noted by the Committee). Fines were collected with a total value of ALL26,138,600 (approximately US$249,900) and ALL559,268 (approximately US$5,340) in interest on arrears from fines. Moreover, in 2019, 53 inspections decisions were appealed to SLSSI, of which 45 were upheld. There were also 44 judicial processes related to the sanctions imposed on various entities, where the inspection decision was upheld in 23 cases (with an additional 18 cases still ongoing). The Committee also notes that, according to 2019 Annual Report on Inspection Activities, administrative measures (a warning, fine or a suspension of activities) were imposed following 27 per cent of the total inspections carried out. Moreover, a higher percentage of violations were detected during unscheduled inspections, including in 78.6 per cent of inspections undertaken following accidents, 64 per cent of inspections following indications of flagrant violations and 48 per cent of those following complaints. Noting with concern the significant decline in the number of fines imposed since 2011, the Committee requests the Government to provide information on the measures it is taking to ensure the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee requests the Government to provide information on the reasons for this decline, and to continue to provide detailed information on the number and nature of fines imposed, the outcomes of the judicial appeals of inspection decisions and the percentage of violations detected during unscheduled and scheduled inspections respectively.

Matters specifically relating to labour inspection in agriculture

Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129.Labour inspection activities in agriculture. The Committee previously noted that the number of inspections in the agricultural sector constituted 0.8 per cent of total inspections, and that nearly half of the workforce in Albania was employed in the agricultural sector.

The Committee notes the Government’s indication that in 2019, 284 inspections were carried out in the agriculture, forestry and fishery sector (2.1 per cent of the total inspections carried out), covering 1,519 employees (0.5 per cent of the total number of employees in workplaces inspected). Nineteen administrative measures were imposed, including six suspensions of work (due to violations of legal provisions on employment), nine warnings and one fine. During the first three months of 2020, 67 inspections in agriculture, forestry and fishery (2.6 per cent of the total inspections carried out), covering 450 employees (0.8 per cent of employees in workplaces inspected). Ten administrative measures were imposed, including three suspensions of work, six warnings and one fine. The Government also indicates that there are no specific trainings targeting inspections in the agriculture sector, but the topics of trainings conducted in 2019 will have a direct impact on inspections in all economic sectors. Noting the continuing low percentage of the inspection visits carried out in agriculture, the Committee once again requests the Government to strengthen its efforts to ensure the enforcement of laws and regulations in agriculture, including with respect to occupational safety and health (OSH), and to continue to provide information on the number of inspections carried out in that sector. The Committee also requests the Government to provide information on measures undertaken or envisaged to ensure that training is provided to labour inspectors on agriculture-related subjects, and on any progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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 Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

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 occupational safety and health (OSH). The Committee previously noted the Government’s statement that, in general, the level of implementation of OSH legislation was not satisfactory, and that the number of occupational accidents remained high.

The Committee notes the statistical information provided by the Government in its report on the number of injuries and fatalities at work and suspected cases of occupational diseases from 2017 to the first three months of 2020. It notes with concern a rising number of fatalities due to occupational accidents (137 injuries including 18 fatalities in 2017, 195 injuries including 27 fatalities in 2018 and 176 injuries including 38 fatalities in 2019). The Government indicates however, that the first 3 months of 2020 saw a reduction in injuries and fatalities compared to the same period of 2019. The Government also indicates that measures were undertaken to raise the awareness on accident reporting, as well as steps to facilitate their reporting at any hour and day of the week and increase the channels of information collection through collaboration with other institutions. 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. It requests the Government to continue to provide information on the number of occupational accidents and cases of occupational disease notified to the labour inspectorate.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Labour inspection activities relating to undeclared work. Following its previous comments, the Committee notes the indication of the Government that, in 2019, a total of 2,879 employees were identified during inspection activities as uninsured. The suspension of work was ordered until the inclusion of these workers in the social and health insurance scheme and that subsequently 2,794 workers were provided with insurance. The Committee further notes the statistical information provided by the Government on undeclared work disaggregated by economic sectors and regions. The Committee requests the Government to continue to provide statistical data on the number of workers who, as a consequence of inspections, were granted their due rights concerning the legal provisions relating to conditions of work, including the payment of overdue wages and social security contributions, as well as the conclusion of employment contracts.

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 trainings provided to labour inspectors, including several trainings on labour legislation, sector-specific information, inspection methodology and child labour. In 2018, 128 inspectors received training, and 118 inspectors in 2019. The Committee also notes the detailed information provided by the Government regarding the launching of the “penalty matrix”, a platform aimed at enabling a clear orientation in the implementation of the labour legislation. The Government indicates that in 2018, 11 newly recruited inspectors and chief inspectors received training on this matrix. The Committee requests the Government to continue to provide information on the content, frequency and duration of the training given to inspectors as well as the number of participants.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of the labour inspection services. Following its previous comments, the Committee takes due note of the Government’s indication that the annual reports on the work of the labour inspection services are available online, and notes the detailed reports available on the inspectorate’s website. The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, and to ensure that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention 129, including statistical information on workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129).

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

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 (labour inspection) and 129 (labour inspection in agriculture) together.

COVID-19 measures. The Committee notes the Government’s statement in its report regarding the labour inspection activities related to COVID-19. In particular, the Government indicates that the State Labour Inspectorate and Social Services (SLSSI), together with the State Health Inspectorate, is part of a task force responsible for monitoring the relevant protocols to reduce the transmission of infection among employees with a view to ensuring a safe and healthy working environment.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted that the number of labour inspectors was not sufficient to perform fully the inspection tasks required by law and that the lack of financial resources limited the ability of inspectors to travel. The Committee notes with concern the Government’s indication in its report that the number of employees of the SLSSI remains unchanged at 155, with 37 at the central level and 118 at the regional level. It also notes the Government’s indication that the total budget of the SLSSI for 2020 amounts to 186,300,000 Albanian lek (ALL) (approximately US$1,781,000) of which ALL120,278,000 (approximately US$1,150,000) is the salary fund, ALL20,086,000 (approximately US$192,000) is the Social Insurance Fund and the rest are investments and operating expenses. Six vehicles are available, of which three are used by the Central Directorate. Only three out of 12 regional branches have a vehicle at their disposal. Moreover, the Government indicates that there are 46 tablets and 55 laptops available for inspectors. The Committee urges the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, including the provision of suitably equipped offices and necessary transport facilities. The Committee also once again requests the Government to provide specific information on the staffing and material means of the SLSSI in performing inspections in agriculture, including transportation and local offices.

Articles 12(1) and 16 of Convention No. 81 and Article 16(1) and 21 of Convention No. 129. Right of inspectors to free entry of workplaces and undertaking of inspections as often as is necessary to ensure the effective application of the relevant legal provisions. The Committee previously noted that 10 per cent of inspections were unscheduled and/or emergency inspections, for which an authorizing officer shall issue an authorization within 24 hours.

The Committee notes the Government’s information that 13,079 entities were inspected in 2019, of which 78 per cent were planned inspections. Among the 2,823 unscheduled inspections, 197 were due to occupational accidents, 600 were in response to complaints and 2,026 were carried out following indications of flagrant violations. During the first three months of 2020, a total of 2,524 entities were inspected, of which 90 per cent were planned inspections. Among the 239 unscheduled inspections, 38 were due to occupational accidents, 135 were in response to complaints and 66 were carried out following indications of flagrant violations.

The Committee also notes the Government’s reference, regarding inspection procedures, to Law No. 10433 of 2011 on inspection and Law No. 9643 of 2006 on labour inspection. Section 13 of the Law on labour inspection provides that the labour inspector and controller are authorized to enter the working premises of any entity without prior notice. According to section 26 of the Law on inspection, inspections shall be carried out in the implementation of the inspection programme as a principle, and “off-programme” inspections may only be carried out in prescribed situations. Section 27 of the Law on inspection also provides that the administrative inspection procedure is initiated as a rule, upon the issuance of the authorization by the Chief Inspector or the chief inspector of the territorial branch. The inspection may only be initiated without authorization where a flagrant violation is found to be occurring or the occurrence of events, accidents or incidents that have affected or may affect life or health or the environment. The initiation of such an inspection shall be noted immediately in a special part of the inspection report, and the inspector is obliged to notify, without delay, the person responsible for the issuance of the authorization. Section 27 further provides that although the issuance of an authorization in violation of the relevant provisions shall not invalidate the decision of the inspection, it does constitute a disciplinary violation.

Referring to its 2006 General Survey, Labour Inspection, paragraphs 265 and 266, the Committee observes that, restrictions maintained on inspectors’ free initiative in this regard, such as the requirement for a formal authorization issued by a higher authority, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments. The Committee requests the Government to take the necessary legislative measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee requests the Government to provide information on the measures taken in this regard and to continue to provide information on the undertaking of inspections in practice, indicating the number of scheduled and unscheduled inspections, as well as the total number of workplaces liable to inspection. Lastly, the Committee requests the Government to provide information on any disciplinary measures imposed on labour inspectors related to the procedures for the authorization of inspection under the Law on inspection.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the Government’s indication, in response to the Committee’s previous comments on the remuneration scale and career prospects of labour inspectors, that the transfer and promotion of labour inspectors, as civil servants, is subject to Law No. 152 of 2013 on the Civil Service, as well as Decision of the Council of Ministers (DCM) No. 243 of 2015 on admission, movement, probationary period and appointment in the executive category and DCM No. 242 of 2015 on filling vacancies in the lower and middle management category. Regarding the current levels of remuneration, the Government provides information on the current salary categories of labour inspectors, and indicates that field inspectors receive a basic salary of ALL38,000, with a supplemental salary related to educational level and seniority. The Government also indicates that it is unable to provide comparative information between labour inspectors and tax inspectors due to limited data. The Committee further notes the Government’s indication that the issue of the payment of inspectors will be addressed in the framework of the salary and job classification reform in process. The Committee requests the Government to pursue its efforts to improve the conditions of service of labour inspectors within the framework of the current salary and job classification reform, and to provide information on any progress made or results achieved. It also requests the Government to strengthen its efforts to ensure the availability of comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers, and to provide this information, when available.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee previously noted the Government’s indication that the policy pursued by the SLSSI intended to reduce the number of fines in a rational way, and it requested the Government to provide statistical information regarding prosecutions and penalties.

The Committee notes the Government’s indication, and the information in the Annual Reports on Inspection Activities for 2018 and 2019 (available on the Government’s website), that 175 fines were imposed in 2018 and 160 fines in 2019 (compared with the 381 fines in 2011 previously noted by the Committee). Fines were collected with a total value of ALL26,138,600 (approximately US$249,900) and ALL559,268 (approximately US$5,340) in interest on arrears from fines. Moreover, in 2019, 53 inspections decisions were appealed to SLSSI, of which 45 were upheld. There were also 44 judicial processes related to the sanctions imposed on various entities, where the inspection decision was upheld in 23 cases (with an additional 18 cases still ongoing). The Committee also notes that, according to 2019 Annual Report on Inspection Activities, administrative measures (a warning, fine or a suspension of activities) were imposed following 27 per cent of the total inspections carried out. Moreover, a higher percentage of violations were detected during unscheduled inspections, including in 78.6 per cent of inspections undertaken following accidents, 64 per cent of inspections following indications of flagrant violations and 48 per cent of those following complaints. Noting with concern the significant decline in the number of fines imposed since 2011, the Committee requests the Government to provide information on the measures it is taking to ensure the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee requests the Government to provide information on the reasons for this decline, and to continue to provide detailed information on the number and nature of fines imposed, the outcomes of the judicial appeals of inspection decisions and the percentage of violations detected during unscheduled and scheduled inspections respectively.

Matters specifically relating to labour inspection in agriculture

Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129. Labour inspection activities in agriculture. The Committee previously noted that the number of inspections in the agricultural sector constituted 0.8 per cent of total inspections, and that nearly half of the workforce in Albania was employed in the agricultural sector.

The Committee notes the Government’s indication that in 2019, 284 inspections were carried out in the agriculture, forestry and fishery sector (2.1 per cent of the total inspections carried out), covering 1,519 employees (0.5 per cent of the total number of employees in workplaces inspected). Nineteen administrative measures were imposed, including six suspensions of work (due to violations of legal provisions on employment), nine warnings and one fine. During the first three months of 2020, 67 inspections in agriculture, forestry and fishery (2.6 per cent of the total inspections carried out), covering 450 employees (0.8 per cent of employees in workplaces inspected). Ten administrative measures were imposed, including three suspensions of work, six warnings and one fine. The Government also indicates that there are no specific trainings targeting inspections in the agriculture sector, but the topics of trainings conducted in 2019 will have a direct impact on inspections in all economic sectors. Noting the continuing low percentage of the inspection visits carried out in agriculture, the Committee once again requests the Government to strengthen its efforts to ensure the enforcement of laws and regulations in agriculture, including with respect to occupational safety and health (OSH), and to continue to provide information on the number of inspections carried out in that sector. The Committee also requests the Government to provide information on measures undertaken or envisaged to ensure that training is provided to labour inspectors on agriculture-related subjects, and on any progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat 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 Convention No. 81 and Convention No. 129 together.

Articles 3(1)(a) and (b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129. Labour inspection activities in the area of occupational safety and health (OSH) in agriculture. The Committee notes the Government’s indication, in reply to its previous request, that the number of inspections in the agricultural sector has remained at 0.8 per cent of total inspections. The Committee notes in this regard that, as indicated in the Government’s Occupational Safety and Health Policy Document and Action Plan (2016–20), nearly half of the workforce in Albania is employed in the agricultural sector. The Committee also notes the Government’s indication that no training has yet taken place for inspectors on agriculture-related subjects. The Committee once again requests the Government to provide information on the measures taken to secure the enforcement of laws and regulations in agriculture, including with respect to OSH, and to continue to provide information on the number of inspections carried out in that sector. The Committee requests the Government to report on training for labour inspectors on agriculture-related subjects, specifying the subjects, duration, participation and outcomes.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee previously noted the information in the 2009 ILO audit report on labour inspection services that the remuneration for labour inspectors was not attractive and that there was no real human resources strategy for recruitment and career development. The Committee notes the copy of Decision No. 726 of 21 December 2000 on salaries of employees of budgetary institutions provided with the Government’s report, which breaks down the monthly salaries of civil servants. The Committee requests the Government to indicate whether any measures have been adopted since the 2009 ILO audit report to improve the remuneration scale and career prospects of labour inspectors in relation to other comparable categories of public officials, and requests the Government for clarification regarding the actual remuneration scale and career prospects of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted the Government’s indication that 167 labour inspectors were not sufficient to fully perform the inspection tasks required by law. The Committee notes the Government’s indication in its report that the number of labour inspectors employed by the State Labour Inspectorate and Social Services (SLISS) is currently 155 employees, with 37 at the central level and 118 employees at the regional level. The Committee further notes that the Government reports that the regional offices still do not have sufficient office equipment, that the SLISS has only eight vehicles (for 12 regions) and that funds are insufficient for the reimbursement of labour inspectors performing their duties. It notes in this respect the Government’s indication in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the main problem for labour inspection is the lack of financial resources, which limits the ability of inspectors to travel to entities that should be inspected. The Committee requests the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, given the decrease in the number of labour inspection staff and the continuing inadequacy of equipment and vehicles. The Committee also requests the Government to continue to provide information on the staffing and material means of the SLISS in performing inspections in agriculture, including transportation and local offices.

Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Right of inspectors to free entry of workplaces. The Committee notes the Government’s indication that 90 per cent of inspections are conducted pursuant to a predetermined plan that is developed in cooperation with labour inspectors using the e-inspection portal, with the approval of the regional directorate of inspection. While the remaining 10 per cent of inspections are unscheduled and/or emergency inspections, which can be undertaken without authorization or notification, the Government reports that an authorizing officer shall issue an authorization within 24 hours. The Government indicates that labour inspectors are provided with cards so that they can identify themselves when entering workplaces and conducting inspection operations. The Committee observes that where only 10 per cent of all inspections are unscheduled and/or responding to emergency circumstances, this may undermine the effectiveness of predetermined scheduled inspections because problems may be concealed and thus remain undetected. The Committee requests the Government to indicate the procedure by which the authorizing officer must issue an authorization, and the consequences for the inspection if the authorization is not issued within the 24-hour time frame provided. In addition, the Committee requests the Government to indicate how often the 10 per cent of unscheduled and/or emergency inspections actually take place within 24 hours, how often they take place without advance notification, and how often they result in findings of violations or unsafe conditions.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee noted, in its previous comments, that the number of fines imposed was relatively low (in 2011, 381 imposed in relation to over 14,000 inspections). In this respect, the Committee notes the Government’s indication that Law No. 10279 of 2010 “on Administrative Offences” is used in conjunction with section 48 of Law No. 10433 “on Inspection” to provide appropriate administrative penalties where an infringement is detected during the inspection process. The Government indicates that the law aims to provide fair and equal treatment and non discriminatory rules to be applied by inspectors. The Government emphasizes that the main purpose of the policy pursued by the SLISS is to reduce the number of fines in a rational way, by focusing on prevention and awareness raising concerning safety and health at work rather than penalties. In addition, while the Committee noted in 2013 that it was not required for the labour inspectorate to pay an advance for the enforcement of fines issued, the Committee notes that the Government indicates that the SLISS repaid penalties in the amount of 11,487,713 Albanian lek (ALL) (approximately US$101,780) in 2014 and ALL4,070,255 (approximately US$46,060) from January to May 2015. Noting that the policy pursued by the SLISS intends to reduce the number of fines in a rational way, the Committee once again requests the Government to provide information on the number and nature of fines imposed by virtue of labour inspections, the number of judicial executions launched for the enforcement of orders, as well as the number of accidents reported and violations detected during the reporting period. In addition, the Committee further requests information regarding the repayment of penalties by the SLISS, indicating the conditions for such repayment and the total amount of advance payments not reimbursed to the labour inspectorate.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

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 2017.

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.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

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 Convention No. 81 and Convention No. 129 together.

Articles 3(1)(a) and (b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129. Labour inspection activities in the area of occupational safety and health (OSH) in agriculture. The Committee notes the Government’s indication, in reply to its previous request, that the number of inspections in the agricultural sector has remained at 0.8 per cent of total inspections. The Committee notes in this regard that, as indicated in the Government’s Occupational Safety and Health Policy Document and Action Plan (2016–20), nearly half of the workforce in Albania is employed in the agricultural sector. The Committee also notes the Government’s indication that no training has yet taken place for inspectors on agriculture-related subjects. The Committee once again requests the Government to provide information on the measures taken to secure the enforcement of laws and regulations in agriculture, including with respect to OSH, and to continue to provide information on the number of inspections carried out in that sector. The Committee requests the Government to report on training for labour inspectors on agriculture-related subjects, specifying the subjects, duration, participation and outcomes.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee previously noted the information in the 2009 ILO audit report on labour inspection services that the remuneration for labour inspectors was not attractive and that there was no real human resources strategy for recruitment and career development. The Committee notes the copy of Decision No. 726 of 21 December 2000 on salaries of employees of budgetary institutions provided with the Government’s report, which breaks down the monthly salaries of civil servants. The Committee requests the Government to indicate whether any measures have been adopted since the 2009 ILO audit report to improve the remuneration scale and career prospects of labour inspectors in relation to other comparable categories of public officials, and requests the Government for clarification regarding the actual remuneration scale and career prospects of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted the Government’s indication that 167 labour inspectors were not sufficient to fully perform the inspection tasks required by law. The Committee notes the Government’s indication in its report that the number of labour inspectors employed by the State Labour Inspectorate and Social Services (SLISS) is currently 155 employees, with 37 at the central level and 118 employees at the regional level. The Committee further notes that the Government reports that the regional offices still do not have sufficient office equipment, that the SLISS has only eight vehicles (for 12 regions) and that funds are insufficient for the reimbursement of labour inspectors performing their duties. It notes in this respect the Government’s indication in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the main problem for labour inspection is the lack of financial resources, which limits the ability of inspectors to travel to entities that should be inspected. The Committee requests the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, given the decrease in the number of labour inspection staff and the continuing inadequacy of equipment and vehicles. The Committee also requests the Government to continue to provide information on the staffing and material means of the SLISS in performing inspections in agriculture, including transportation and local offices.

Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Right of inspectors to free entry of workplaces. The Committee notes the Government’s indication that 90 per cent of inspections are conducted pursuant to a predetermined plan that is developed in cooperation with labour inspectors using the e-inspection portal, with the approval of the regional directorate of inspection. While the remaining 10 per cent of inspections are unscheduled and/or emergency inspections, which can be undertaken without authorization or notification, the Government reports that an authorizing officer shall issue an authorization within 24 hours. The Government indicates that labour inspectors are provided with cards so that they can identify themselves when entering workplaces and conducting inspection operations. The Committee observes that where only 10 per cent of all inspections are unscheduled and/or responding to emergency circumstances, this may undermine the effectiveness of predetermined scheduled inspections because problems may be concealed and thus remain undetected. The Committee requests the Government to indicate the procedure by which the authorizing officer must issue an authorization, and the consequences for the inspection if the authorization is not issued within the 24-hour time frame provided. In addition, the Committee requests the Government to indicate how often the 10 per cent of unscheduled and/or emergency inspections actually take place within 24 hours, how often they take place without advance notification, and how often they result in findings of violations or unsafe conditions.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee noted, in its previous comments, that the number of fines imposed was relatively low (in 2011, 381 imposed in relation to over 14,000 inspections). In this respect, the Committee notes the Government’s indication that Law No. 10279 of 2010 “on Administrative Offences” is used in conjunction with section 48 of Law No. 10433 “on Inspection” to provide appropriate administrative penalties where an infringement is detected during the inspection process. The Government indicates that the law aims to provide fair and equal treatment and non discriminatory rules to be applied by inspectors. The Government emphasizes that the main purpose of the policy pursued by the SLISS is to reduce the number of fines in a rational way, by focusing on prevention and awareness raising concerning safety and health at work rather than penalties. In addition, while the Committee noted in 2013 that it was not required for the labour inspectorate to pay an advance for the enforcement of fines issued, the Committee notes that the Government indicates that the SLISS repaid penalties in the amount of 11,487,713 Albanian lek (ALL) (approximately US$101,780) in 2014 and ALL4,070,255 (approximately US$46,060) from January to May 2015. Noting that the policy pursued by the SLISS intends to reduce the number of fines in a rational way, the Committee once again requests the Government to provide information on the number and nature of fines imposed by virtue of labour inspections, the number of judicial executions launched for the enforcement of orders, as well as the number of accidents reported and violations detected during the reporting period. In addition, the Committee further requests information regarding the repayment of penalties by the SLISS, indicating the conditions for such repayment and the total amount of advance payments not reimbursed to the labour inspectorate.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

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

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 Convention No. 81 and Convention No. 129 together.

Articles 3(1)(a) and (b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129. Labour inspection activities in the area of occupational safety and health (OSH) in agriculture. The Committee notes the Government’s indication, in reply to its previous request, that the number of inspections in the agricultural sector has remained at 0.8 per cent of total inspections. The Committee notes in this regard that, as indicated in the Government’s Occupational Safety and Health Policy Document and Action Plan (2016–20), nearly half of the workforce in Albania is employed in the agricultural sector. The Committee also notes the Government’s indication that no training has yet taken place for inspectors on agriculture-related subjects. The Committee once again requests the Government to provide information on the measures taken to secure the enforcement of laws and regulations in agriculture, including with respect to OSH, and to continue to provide information on the number of inspections carried out in that sector. The Committee requests the Government to report on training for labour inspectors on agriculture-related subjects, specifying the subjects, duration, participation and outcomes.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee previously noted the information in the 2009 ILO audit report on labour inspection services that the remuneration for labour inspectors was not attractive and that there was no real human resources strategy for recruitment and career development. The Committee notes the copy of Decision No. 726 of 21 December 2000 on salaries of employees of budgetary institutions provided with the Government’s report, which breaks down the monthly salaries of civil servants. The Committee requests the Government to indicate whether any measures have been adopted since the 2009 ILO audit report to improve the remuneration scale and career prospects of labour inspectors in relation to other comparable categories of public officials, and requests the Government for clarification regarding the actual remuneration scale and career prospects of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted the Government’s indication that 167 labour inspectors were not sufficient to fully perform the inspection tasks required by law. The Committee notes the Government’s indication in its report that the number of labour inspectors employed by the State Labour Inspectorate and Social Services (SLISS) is currently 155 employees, with 37 at the central level and 118 employees at the regional level. The Committee further notes that the Government reports that the regional offices still do not have sufficient office equipment, that the SLISS has only eight vehicles (for 12 regions) and that funds are insufficient for the reimbursement of labour inspectors performing their duties. It notes in this respect the Government’s indication in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the main problem for labour inspection is the lack of financial resources, which limits the ability of inspectors to travel to entities that should be inspected. The Committee requests the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, given the decrease in the number of labour inspection staff and the continuing inadequacy of equipment and vehicles. The Committee also requests the Government to continue to provide information on the staffing and material means of the SLISS in performing inspections in agriculture, including transportation and local offices.

Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Right of inspectors to free entry of workplaces. The Committee notes the Government’s indication that 90 per cent of inspections are conducted pursuant to a predetermined plan that is developed in cooperation with labour inspectors using the e-inspection portal, with the approval of the regional directorate of inspection. While the remaining 10 per cent of inspections are unscheduled and/or emergency inspections, which can be undertaken without authorization or notification, the Government reports that an authorizing officer shall issue an authorization within 24 hours. The Government indicates that labour inspectors are provided with cards so that they can identify themselves when entering workplaces and conducting inspection operations. The Committee observes that where only 10 per cent of all inspections are unscheduled and/or responding to emergency circumstances, this may undermine the effectiveness of predetermined scheduled inspections because problems may be concealed and thus remain undetected. The Committee requests the Government to indicate the procedure by which the authorizing officer must issue an authorization, and the consequences for the inspection if the authorization is not issued within the 24-hour time frame provided. In addition, the Committee requests the Government to indicate how often the 10 per cent of unscheduled and/or emergency inspections actually take place within 24 hours, how often they take place without advance notification, and how often they result in findings of violations or unsafe conditions.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee noted, in its previous comments, that the number of fines imposed was relatively low (in 2011, 381 imposed in relation to over 14,000 inspections). In this respect, the Committee notes the Government’s indication that Law No. 10279 of 2010 “on Administrative Offences” is used in conjunction with section 48 of Law No. 10433 “on Inspection” to provide appropriate administrative penalties where an infringement is detected during the inspection process. The Government indicates that the law aims to provide fair and equal treatment and non discriminatory rules to be applied by inspectors. The Government emphasizes that the main purpose of the policy pursued by the SLISS is to reduce the number of fines in a rational way, by focusing on prevention and awareness raising concerning safety and health at work rather than penalties. In addition, while the Committee noted in 2013 that it was not required for the labour inspectorate to pay an advance for the enforcement of fines issued, the Committee notes that the Government indicates that the SLISS repaid penalties in the amount of 11,487,713 Albanian lek (ALL) (approximately US$101,780) in 2014 and ALL4,070,255 (approximately US$46,060) from January to May 2015. Noting that the policy pursued by the SLISS intends to reduce the number of fines in a rational way, the Committee once again requests the Government to provide information on the number and nature of fines imposed by virtue of labour inspections, the number of judicial executions launched for the enforcement of orders, as well as the number of accidents reported and violations detected during the reporting period. In addition, the Committee further requests information regarding the repayment of penalties by the SLISS, indicating the conditions for such repayment and the total amount of advance payments not reimbursed to the labour inspectorate.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Reform of the labour inspection services. The Committee notes the Government’s indications according to which the Government has embarked on a labour administration and inspection reform as part of the Business Environment Reform and Institutional Strengthening (BERIS) Project in cooperation with the World Bank under the auspices of the Ministry of Economy, Trade and Energy (METE). Following the conclusions of the METE concerning the need for improved efficiency of inspections and the reduction of costs for enterprises from inspections, Law No. 10433 of 16 June 2011 “On inspection in the Republic of Albania” and Council of Ministers Decision No. 630 of 14 September 2011 “On the organization and functioning of the Central Inspectorate” were approved, by which the Central Inspectorate (CI) for the coordination of all state inspections was established.

The Committee understands that, while there was no agreement on the merger of all inspections functions into a single inspectorate, the CI under the Prime Minister is competent, inter alia, for the coordination and harmonization, methodological direction, planning and general supervision of the inspection services assumed by the different governmental bodies, including the State Labour Inspectorate (SLI) at the Ministry of Labour, Social Affairs and Equal Opportunities (MLSAEO). According to the Government, the new inspection approach focuses on prevention, cooperation and risk-based inspections and is aimed at improving effectiveness, accountability and transparency, as well as at reducing corruption, promoting free competition and improving business conditions.

The Committee also understands that, in the framework of the reform of labour administration and labour inspection, to be implemented by the end of 2012, it was proposed to entrust the SLI with new functions, and that Law No. 10433 of 16 June 2011 replaces certain provisions of the current Labour Inspection Act No. 9634 of 30 October 2006. The Government indicates that the current structure of the MLSAEO, which is based on 12 regional directorates and one local office, will be further expanded to 24 offices covering the areas where the presence of the SLI is needed. Furthermore, at the headquarters of the SLI, a new directorate for social inspections was established, which took on the staff of the previous social inspectorate.

The Committee would be grateful if the Government would keep the Office informed of any measures taken in the framework of the abovementioned reform of the labour inspection services. In this regard, the Committee would be grateful if the Government would provide: (i) an organizational chart of the labour inspection system in its entirety; (ii) to describe its structure and functioning following the implementation of these measures, as well as (iii) to provide detailed information on the scope of activities carried out by the CI.

Furthermore, the Committee requests the Government to provide a copy where possible, in one of the working languages of the ILO of the following legal texts: (i) Decision No. 1139 “On the organization and functioning of the State Labour Inspectorate”, which according to the Government was adopted on 16 July 2008 under Law No. 9634 of 30 October 2006; (ii) Council of Ministers Decision No. 630 of 14 September 2011 “On the organization and functioning of the Central Inspectorate”; and (iii) Prime Minister’s Order No. 47 of 10 April 2012 “On the establishment of an inter institutional working group to monitor the implementation of the inspection reform”.

Articles 1, 2 and 23 of the Convention. Labour inspection in sectors covered by special inspection services. The Committee notes the Government’s information, in response to its previous request, that special laws regulate inspection services in the sectors excluded from the scope of competence of the SLI (such as parts of the oil and gas industry, mining, construction, road, railway, aircraft and the maritime sectors). These laws fall under the purview of the METE and the Ministry of Public Works, Transport and Telecommunication (MWTT). The Committee would be grateful if the Government would indicate the measures taken to ensure that these sectors are effectively inspected and provide relevant statistics (number of inspectors at the respective ministries entrusted with the supervision and control of workplaces in the abovementioned sectors, number of inspection visits carried out, infringements detected and legal provisions to which they relate, number of industrial accidents and occupational diseases occurred, etc.).

Please also provide information on whether inspection functions assumed by the inspection services at the METE and MWTT have been entrusted to the SLI following the reform of the labour inspection services referred to by the Government, and provide any relevant legal texts.

Article 3(1)(a)–(b) and (2). 1. Labour inspection activities in the area of occupational safety and health (OSH). The Committee notes that, in the framework of the Instrument for Pre-accession Assistance (IPA) 2010 Project on Human Resources Development in Albania, which is funded by the European Union (EU) and implemented with ILO assistance, Albania is in the process of aligning its legislation to the EU directives in the area of OSH. The Committee observes that this project is aimed at the modernization of the SLI, by means of the Labour Inspectorate Strategy Action Plan 2012–13, the transposition of EU OSH directives into Albanian legislation, the training of SLI staff, the development of an information system, and improved public awareness on OSH. The Committee would be grateful if the Government would provide information on the measures taken or envisaged in the framework of the abovementioned EU IPA 2010 Project, including on any measures taken with a view to improving the human and material resources of the SLI, and on the results attained in terms of compliance with the legal provisions relating to OSH and in reducing the number of industrial accidents and cases of occupational diseases.

2. Labour inspection activities relating to undeclared work. The Committee notes the Government’s information on the measures taken by the Labour Inspectorate to prevent illegal work, including the possibility to denounce cases via a toll-free number and through the website of the SLI, as well as a number of joint activities with the social partners and ILO support to raise awareness about undeclared work and address this issue through partnership and social dialogue (the broadcasting of live talk shows on television, the organization of workshops in several regions, etc.). Moreover, the Government refers to a number of legislative texts issued by the SLI aimed at controlling undeclared work in several sectors, such as construction, agriculture, fisheries, hotels and tourism, trade, textile manufacturing, etc. In this regard, the Committee notes that, according to the annual reports of the SLI for 2010, 2011 and 2012, as well as the information in the Government’s report, the SLI found 3,085 workers in 2009; 1,994 workers in 2010; 1,470 workers in 2011 and 307 workers in the first quarter of 2012 who had not been declared to the tax authorities. The Committee would be grateful if the Government would provide information on the number of workers who were granted their due rights as a consequence of inspections aimed at detecting undeclared work concerning the legal provisions relating to conditions of work and the protection of workers (such as the payment of outstanding wages, annual and sick leave and other social security benefits). In this regard, the Committee would be grateful if the Government would indicate the measures taken and the proceedings initiated by labour inspectors to resolve cases of undeclared work and provide copies of court decisions on this subject.

Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. The Committee previously noted, from the 2009 ILO audit of the labour inspection services (2009 ILO audit report), that despite the existence of agreements between the labour inspection services, on the one hand, and the State Sanitary Inspectorate (SSI), the Public Health Institution, the general directorate of taxation, the national employment service and the environmental inspectorate, on the other, cooperation is very limited in practice. In this regard, the Committee notes the information in the Government’s current report according to which Law No. 10433 of 16 June 2011 (establishing the CI) repeals all agreements on inter institutional cooperation between the different governmental bodies. With reference to the Government’s information on the CI’s function of coordination and harmonization of the different inspection services, the Committee notes that it is envisaged, as part of the labour inspection reform, to set up an “e-inspection” platform at the CI, which should help coordinating and synchronizing inspections at all governmental levels, with a view to facilitating work and to reducing administrative burdens on businesses. The CI will also establish and maintain a national register of state inspectors, which is accessible via the Internet.

The Committee previously noted with interest the establishment by the MLSAEO of a National Health and Safety Commission (NHSC), with the participation of the representatives of institutions responsible for matters relating to working conditions and OSH with a view to increasing the effectiveness and cooperation of the labour inspectorate with these institutions. In this regard, the Committee notes the Government’s information in the current report that the NHSC did not yet hold any meetings, but that a meeting with the relevant ministries is currently being organized in order to discuss, among other things, the Labour Inspectorate and Communication Strategy on Labour Health and Safety (LHS).

The Committee asks the Government to provide further information on the measures adopted or envisaged to increase cooperation between the different governmental services assuming labour inspection functions and information on their implementation in practice (including the establishment of the abovementioned e-register and national register of state inspectors, the conduct of joint inspections, the exchange of relevant data, etc.) as well as their impact on the work of the labour inspection services. The Committee also once again requests the Government to provide information on the work of the NHSC and the results achieved, including at the local level.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes that, by virtue of section 13(3) of the Labour Inspection Act (LIA 2006), the labour inspectors shall, upon the initiation of inspections, notify the trade union representative or a worker’s representative about their presence. In this regard, the Government indicates that an annex to the inspection form on trade union activity has been drafted which must be filled out for every subject inspected. Moreover, the Committee notes the Government’s information that a number of joint activities with regard to collaboration with the employers’ and workers’ organizations have been organized, particularly in relation to the implementation of Decision of the Council of Ministers No. 107 of 9 February 2011 “On the composition of the rules of operation of the NHSC and workers’ representatives” and Decision of the Council of Ministers No. 108 of 9 February 2011 “On the skills requirements to be met by employers, individuals and specialized services dealing with the issues of labour safety”. In addition, several round tables with employers’ and workers’ representatives were organized and the SLI has participated in activities organized by the workers and employers. The Committee would be grateful if the Government would continue to provide information on the arrangements made for collaboration between the labour inspection services and employers’ and workers’ organizations (such as information on the organization of conferences or joint committees, including on the subjects covered and the number of participants; the collaboration with the labour inspection services at the enterprise level, etc.) and to specify the impact of such collaboration on the achievement of the objective assigned to the labour inspectorate, namely improving conditions of work and the level of protection of workers while engaged in their work.

It would also be grateful if the Government would provide information on whether the social partners have been involved in the formulation and implementation of the current reform of the labour inspection services (including on relevant draft legislation), and are represented in the inter institutional working group to monitor the implementation of the inspection reform. Please provide information, if any, on the outcome of such consultations.

Articles 6 and 7. Conditions of service and training of labour inspectors. The Committee previously noted from the 2009 ILO audit report that the wages and bonuses of labour inspectors are not very attractive and that there is no real human resources strategy for recruitment and career development, or any real training plan. It also observed that the lack of mechanisms for entrusting responsibility in the public administration and the frequent replacement of officials may affect their independence.

The Committee notes the Government’s information concerning the recruitment procedure for labour inspectors. This procedure is carried out according the procedures set out in Law No. 8549 of 11 November 1999 “On the civil servant status”, which requires labour controllers to have held their positions for no less than a year before becoming eligible to compete for the position of labour inspector. To obtain the position of labour inspector, labour controllers must perform a written examination pertaining to labour legislation and inspection techniques. The Inspector General of the SLI then appoints the labour inspectors among those having attained the highest results, upon the approval of the Minister of Labour, and the employment contracts thus approved are indefinite. Moreover, labour inspectors and controllers are tested at least once a year to assess their professional skills. It furthermore notes from the Government’s report that labour inspectors are granted the status of civil servants.

While the Committee takes note of this information, it also notes that the Government does not provide any response in relation to the questions raised concerning the conditions of service and training of labour inspectors. The Committee once again asks the Government to specify the remuneration scale and career prospects of labour inspectors in relation to other comparable categories of public officials and any measures adopted to improve these conditions of service.

Please also specify whether labour controllers exercise labour inspection functions, and provide information on their status, conditions of service (wages and other benefits, etc.), and the qualifications required for their recruitment.

The Committee would be grateful if the Government would provide information on the content, frequency and duration of the training given to inspectors in the course of their employment, as well as on the exact number of inspectors concerned in each case.

Articles 10, 11 and 16. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted the indication in the 2009 ILO audit report that only 70 per cent of enterprises are covered by the inspection services due to the inadequacy of the personnel, equipment, vehicles, financial resources and the lack of reimbursement of travel expenses.

The Committee notes the Government’s indication that the current staff of 167 labour inspectors is not sufficient to fully perform their assigned tasks as set forth by the law. However, the Committee notes that one of the priorities of the EU IPA 2010 Project on Human Resources Development in Albania, funded by the EU and implemented by the ILO, is the development of a human resources strategy for labour inspection. The Committee further notes with interest that, in the framework of the current labour inspection reform referred to by the Government and the introduction of an e-inspection platform, it is envisaged to provide all labour inspectors with a computer, a printer and a localization system (GPS). The Committee requests the Government to provide detailed information on the measures taken or envisaged, including in the framework of the EU IPA 2010 Project and the current labour inspection reform, to improve the budget allocated to labour inspection so as to ensure an increase in the number of inspectors, appropriate equipment and sufficient transport facilities, as well as the reimbursement of the travelling and incidental expenses necessary for the performance of inspection duties.

Article 12(1). Right of inspectors to free entry of workplaces. The Committee previously noted that, under section 4(2) of the LIA 2006, the access of inspectors to workplaces depends on authorization issued by the competent authorities “in particular cases”. It further noted from the 2009 ILO audit report that the discretionary powers of inspectors for visiting any enterprise on their own initiative are limited, as 95 per cent of the inspections carried out are set out in the regional and central plan established previously by their respective authorities and they do not have real autonomy to organize inspections in their local areas at their own initiative.

The Committee notes the Government’s indications that, in accordance with section 13(1) of the LIA 2006, labour inspectors have been provided with identification badges and are authorized to freely enter any workplaces liable to inspection without prior notice, at any hour of the day or night. According to the Government, inspection visits are unannounced.

Moreover, the Committee notes the Government’s explanations, according to which, as the Committee understands them, the labour inspection system is decentralized and governed by its regional structures including the labour inspectors working therein, who plan their monthly inspections autonomously, by taking into account the established priorities at central level, but also the necessities arising, for instance, the need for inspections in workplaces with suspected shortcomings relating to conditions of work and the protection of workers. While the Committee takes due note of this information, it requests the Government to provide information on how it is ensured, in the new inspection system with inspections being coordinated, directed and planned at the central level by the CI, that labour inspectors throughout the structures of the labour inspectorate including at the local level have discretionary powers to visit any enterprises on their own initiative where deemed necessary without prior authorization of the central or regional authorities, and outside previously approved inspection plans by these authorities.

Articles 13 and 14. Inspections in the field of OSH, powers of injunction of labour inspectors in case of threats to the safety and health of workers and obligation to notify industrial accidents and cases of occupational disease. According to the statistics provided by the Government on industrial accidents and cases of occupational diseases, 126 industrial accidents (including 26 fatal) have been notified in 2011. These accidents occurred in the following sectors: manufacturing enterprises (21.4 per cent); mining and quarrying (21.4 per cent); construction (13 per cent); electricity, gas, and water (13 per cent); and other activities (14.2 per cent). However, the Committee notes once again that, according to the 2011 annual report, most inspections are not concentrated on sectors with the highest number of serious and fatal industrial accidents. According to a report of the labour inspectorate for the period of January to September 2012, 55.1 per cent of the 11,787 inspections conducted during the reporting period were done in the commercial bars/hotels/restaurants sector, 13.2 per cent in manufacturing enterprises, 7.8 per cent in construction, and only 0.8 per cent in mines and quarries.

The Committee further notes that the Government, in response to the question concerning a systematic data mechanism providing the labour inspectorate with the data it needs to identify high-risk activities and the most vulnerable categories of workers, and to seek the causes of occupational accidents and cases of diseases in workplaces liable to inspection, refers to relevant provisions in national law, namely: (i) section 22(1) of the LIA 2006, which contains the obligation of the employer to notify all industrial accidents and cases of occupational diseases; (ii) Chapter V of the OSH Act No. 10237 of 18 February 2010, which defines and regulates the notification, investigation, registration, classification and reporting of industrial accidents and cases of occupational diseases; and (iii) Decree No. 788 of 14 December 2005, which provides for the investigation procedure of industrial accidents. The Committee notes that no statistics of cases of occupational diseases are contained in the annual reports on the work of the SLI for 2011 and 2012. Noting the information provided by the Government, according to which the new inspection approach is focused on inspections in high-risk sectors for the safety and health of workers, the Committee once again asks the Government to indicate the measures adopted or envisaged to reinforce the activities of the labour inspection services in such sectors and the results achieved, including through the use by inspectors of powers of injunction in the event of imminent danger to the health and safety of the workers.

Further noting that a high rate of industrial accidents occurred in the mining, construction and gas sectors, which fall within the competences of the inspection services of the METE and MWTT, the Committee would be grateful if the Government would also provide information on how effective inspections are ensured in these sectors.

The Committee asks the Government to indicate the legal and practical measures taken to determine the cases and manner in which, in accordance with Article 14, the labour inspectorate is notified of cases of occupational diseases, like that of industrial accidents. Please also ensure to systematically include relevant statistics in the annual report of the labour inspection services.

Finally, taking note of the abovementioned legal provisions in the LIA, OSH Act and Decree No. 788 of 14 December 2005, the Committee requests the Government to provide information on the practical application of these provisions, as well as any measure adopted or envisaged to improve the effectiveness of the system.

Articles 5(a), 17 and 18. Prosecutions and penalties. The Committee previously noted that, according to the annual report of the SLI for 2009, from the 11,724 inspections carried out, only 201 fines were imposed for reported violations. It further noted, from the 2009 ILO audit report, that in 2008, inspectors issued 212 fines and that in practice it is very rare for fines to be issued due to the fact that the inspectorate, in the event of a judicial execution for the enforcement of an order, has to pay an advance of 7 per cent of the amount of the fine pronounced, which it cannot recover.

In this regard, the Committee notes with interest the Government’s indications that following the enactment of Law No. 10279 of 20 May 2010 on administrative contraventions, there is no requirement for labour inspectors to pay an advance for the enforcement of fines issued, which according to the Government, are normally enforced by the bailiff’s office, in case they are not voluntarily paid by employers. In this regard, it notes the Government’s reference to section 43 of this Law, which provides that: “When executing decisions on administrative violations, governmental bodies shall be exempted from the obligation of an advance payment of court and service operation fees, which are enforced by the court administration and the bailiff.” However, the Committee notes that, according to the 2011 labour inspection report, the number of fines imposed in relation to the inspections imposed, is still relatively low (381 fines imposed in relation to 14,028 inspections). The Committee finally notes the Government’s reference to the Decision of the Council of Ministers No. 726 on the cooperation of the SLI with the Ministry of Justice.

The Committee once again refers to paragraph 284 of its 2006 General Survey on labour inspection and recalls that inspectors should be able to deal with non-compliance with legal provisions with appropriate severity to guarantee the effectiveness of the inspection system. It once again emphasizes that Article 18 of the Convention provides that adequate penalties for violations of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced.

The Committee requests the Government to provide a copy of the abovementioned Law No. 10279 of 20 May 2010 on administrative contraventions and Decision of the Council of Ministers No. 726 on the cooperation of the SLI with the Ministry of Justice if possible, in one of the working languages of the ILO.

Please also provide an appreciation of the causes for the low number of sanctions imposed and effectively enforced, as well as information on the measures taken to ensure effective cooperation between the labour inspection services and the justice system. In this regard, the Committee would be grateful if the Government would provide numerical data illustrating the manner in which the bailiff’s offices and courts deal with the cases of violations referred to them reported by labour inspectors.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee notes that annual labour inspection reports are published on the official website of the SLI (www.sli.gov.al). However, it observes that the annual reports on the work of the labour inspection activities for 2010 and 2011, as published on this website, do not contain statistics on the workplaces liable to inspection, in the absence of which it is impossible to assess the coverage rate of the labour inspection services and the adequacy of the number of inspectors in relation to needs. Furthermore, these reports do not contain statistics on cases of occupational diseases, and statistics of violations of the legislation are fairly brief and do not provide indications on the nature of the violations or the action taken as a result.

The Government is requested to provide more information on the development and content of the “e-inspection” platform at the CI, and the national register of state inspectors referred to by the Government, as well as on the progress made with the establishment and operation of these registers.

The Committee expresses the hope that the Government will soon be in a position, among others through the data collected electronically, to ensure that future annual reports will contain the required information on each of the subjects listed in Article 21(a) to (g) of the Convention. It draws the Government’s attention to the guidance given in Part VI of the Labour Inspection Recommendation, 1947 (No. 81), on the detailed information that should be supplied in the annual report, in the interests of making it a useful tool for evaluating and improving the operation of the labour inspectorate.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report received on 2 November 2010.

Legislation. The Government refers to a draft decision on the organization and functioning of the State Labour Inspectorate. The Committee would be grateful if the Government would provide a copy of this decision once it has been adopted and of any other text issued under the Labour Inspection Act of 30 October 2006, as well as information on the results of their implementation.

Articles 2 and 23 of the Convention. Workplaces liable to labour inspection. In its previous comments, the Committee noted that, under the terms of section 4(1)(b) of the Labour Inspection Act, workplaces in which labour relations and occupational safety and health are governed by specific laws are excluded from the scope of competence of the labour inspection. The Committee requests the Government to indicate whether commercial and industrial workplaces exist in the sectors covered by specific laws and whether those laws provide for dedicated labour inspection services.

Article 3(1). Functions of the system of labour inspection. The Committee notes that, according to the report on the activities of the labour inspection services for 2009, one of the priorities of labour inspection is the elimination of illegal employment in the hotels and restaurants sector during the tourist season. The Committee would be grateful if the Government would indicate the impact of inspections devoted to undeclared work regarding the application of legal provisions relating to conditions of work and the protection of workers, indicate the measures taken by labour inspectors to resolve cases of undeclared work and provide copies of court decisions on this subject.

Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. The Government refers in its report to cooperation agreements between the labour inspection services, on the one hand, and the general directorate of taxation, the health inspectorate, the national employment service and the environmental inspectorate, on the other. The Committee notes from the report of the 2009, ILO audit of the labour inspection services that, despite the existence of these agreements, cooperation is very limited in practice. It also notes from the same report the indication that, while cooperation between the labour inspection services and the public health inspectorate is good at the central and ministerial levels, it had not however worked at the local level for two to three years prior to the audit. The Committee notes with interest the information contained in the audit report, according to which the Ministry of Labour has established a National Health and Safety Commission, with the participation of the representatives of institutions responsible for matters relating to working conditions and safety and health with a view to increasing the effectiveness and cooperation of the labour inspectorate with these institutions. The Committee would be grateful if the Government would provide information on the work of this Commission and the results achieved, including at the local level. It also requests the Government to indicate the measures adopted or envisaged to increase cooperation with the other Government services referred to above and to provide copies of the cooperation agreements to which reference is made, as well as information on their implementation in practice, together with any document or report relating to such cooperation.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. With reference to its previous comments on collaboration with employers’ and workers’ organizations in the field of occupational safety and health, the Committee once again asks the Government to indicate whether arrangements or agreements have been concluded with a view to the application of section 12 of the Labour Inspection Act and, if so, to describe their content, modalities, arrangements and results.

Article 6, 7 and 15(a). Recruitment, conditions of service, training and ethics of labour inspectors. The Committee notes from the audit report that the wages and bonuses of labour inspectors are not very attractive and that there is no real human resources strategy for recruitment and career development, or any real training plan. It also observes that the lack of mechanisms for entrusting responsibility in the public administration and the frequent replacement of officials may affect their independence. The Committee recalls that, as indicated in its 2006 General Survey (paragraphs 202 and 204), it is vital that the levels of remuneration and career prospects of inspectors be such that high-quality staff are attracted, retained and protected from any improper influence. It also recalls that, in accordance with Article 7 of the Convention, labour inspectors shall be recruited with sole regard to their qualifications and shall be adequately trained for the performance of their duties; under the terms of Article 6, their status and conditions of service must be such that they are assured of stability of employment and are independent of changes of government and of improper external influences; finally, in accordance with Article 15(a), labour inspectors shall be prohibited from having any direct or indirect interest in the undertakings under their supervision.

The Committee requests the Government to indicate the measures adopted or envisaged to ensure that effect is given to Articles 6 and 7 of the Convention in both law and practice. In particular, the Committee would be grateful if the Government would specify the status, remuneration scale and career prospects of labour inspectors in relation to other comparable categories of public officials and any measures adopted to improve these conditions of service. It would also be grateful if the Government would indicate the measures adopted or envisaged to ensure the training of labour inspectors when they enter the service and during their employment.

Furthermore, noting that, in accordance with sections 17, 18 and 19 of the Labour Inspection Act, inspectors are liable to disciplinary procedures in the event of conflicts of interest or violations of the ethical code of the public service (Act No. 9131 of 2003), the Committee would be grateful if the Government would provide information on the effect given in practice to these provisions and provide a copy of Act No. 9131 of 2003.

Finally, noting that, according to the activities report of 2009, one of the priorities of the labour inspection services is the introduction of a new method for the periodic evaluation of the work of inspectors, the Committee would be grateful if the Government would provide details on this method and information on its impact on the results achieved by labour inspectors.

Articles 10, 11 and 16. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee notes the indication in the audit report that only 70 per cent of enterprises are covered by the inspection services due to the inadequacy of the personnel, equipment, vehicles, financial resources and the lack of reimbursement of travel expenses. The Committee recalls that, as underlined in paragraph 238 of its 2006 General Survey, it is the responsibility of the competent authority to make the necessary arrangements to make it possible for the functions of the labour inspectorate to be carried out effectively, not only through an adequate number of staff and appropriate conditions for hiring, training and service, but also through the provision of the necessary resources for the staff to perform their tasks. It also recalls that, in accordance with Article 10 of the Convention, the number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate, and that in accordance with Article 11, inspectors shall be furnished with suitably equipped local offices and the transport facilities necessary for the performance of their duties (paragraph 1), and any travelling and incidental expense to this end should be reimbursed to them (paragraph 2). The Committee requests the Government to indicate the measures adopted or envisaged, including through international cooperation, to improve the budget allocated to labour inspection so as to be able to ensure an increase in the number of inspectors, appropriate equipment and sufficient transport facilities, as well as the reimbursement of the travelling and incidental expenses necessary for the performance of inspection duties.

Article 12(1). Right of inspectors to free entry of workplaces. In its previous comments, the Committee noted that, under section 4(2) of the Labour Inspection Act, the access of inspectors to workplaces depends on authorization issued by the competent authorities “in particular cases”. It notes from the audit report that the discretionary powers of inspectors for visiting any enterprise on their own initiative are limited, as 95 per cent of the inspections carried out are set out in the regional and central plan established previously by their respective authorities and they do not have real autonomy to organize inspections in their local areas at their own initiative. The Committee recalls that, as explained in its 2006 General Survey (paragraphs 265 and 266), the requirement of prior authorization is not in conformity with the principle of the free entry of inspectors into workplaces liable to inspection, as set out in Article 12. The Committee once again requests the Government to provide, in the light of the above, further details on the scope of the practical application of this provision in relation to the industrial and commercial workplaces covered by virtue of the Convention. It also requests the Government to indicate the measures adopted or envisaged to entrust labour inspectors with the right of free entry to workplaces liable to their control, while performing inspections planned from time to time by the central and regional level authorities.

Articles 13 and 14. Inspections in the field of safety and health, powers of injunction of labour inspectors in case of threats to the safety and health of workers and obligation to notify industrial accidents and cases of occupational disease. The Committee notes that, according to the activities report of the labour inspection services for 2009, one of the priorities of the labour inspectorate is the supervision of safety and health in high-risk activities. Nevertheless, according to the statistics contained in the annual report, inspections are not concentrated on sectors with the highest number of serious and fatal industrial accidents, such as construction, manufacturing and mining. According with the statistics provided by the Government on industrial accidents and cases of occupational diseases, 2009, 112 industrial accidents (including 35 fatal) and 29 cases of occupational diseases had been notified. The Committee also notes that the Government refers to a case in 2008 concerning the suspension of operations of a melting steel company’s department due to repeated failure to comply with technical and safety standards, which had previously caused serious accidents, including fatal ones.

The Committee emphasizes the importance of a systematic data mechanism so that the labour inspectorate is provided with the data it needs to identify high-risk activities and the most vulnerable categories of workers, and to seek the causes of occupational accidents and cases of disease in workplaces liable to inspection. The Committee cannot overemphasize the importance of the preventive function of labour inspection, which is increasingly a major factor in the economic and social health of the community as a whole. The existence of a close link between the prevention of occupational risks and economic growth is therefore widely accepted (see the 2006 General Survey, paragraph 118).

The Committee would be grateful if the Government would indicate the measures adopted or envisaged to reinforce the activities of the labour inspection services in sectors with a high level of risk for safety and health and the results achieved, including through the use by inspectors of powers of injunction in the event of imminent danger to the health and safety of the workers. The Committee would also be grateful if the Government would describe the procedure followed for the notification of industrial accidents and cases of occupational disease, as well as any measure adopted or envisaged to improve the effectiveness of this system and to ensure appropriate follow-up by labour inspectors for the investigation of such cases. In this respect, the Committee draws the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and cases of diseases, which is available at the following site: http://www.ilo.org/wcmsp5 /groups/public/---ed_protect/---protrav/---safework/documents/normative instrument/wcms_07800.pdf.

Articles 17 and 18. Prosecutions and penalties. The Committee notes that, according to the 2009 inspection report, from the 11,724 inspections carried out, only 201 fines were imposed for reported violations. It also notes from the audit report on labour inspection that, in 2008, inspectors issued 212 fines and that in practice it is very rare for fines to be issued due to the fact that the inspectorate, in the event of a judicial execution for the enforcement of an order, has to pay an advance of 7 per cent of the amount of the fine pronounced, which it cannot recover. The Committee recalls that, according to its 2006 General Survey (paragraph 284), inspectors should be able to deal with non-compliance with legal provisions with appropriate severity to guarantee the effectiveness of the inspection system. It emphasizes that Article 18 of the Convention provides that adequate penalties for violations of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced. Considering that the obligation of the advance payment of 7 per cent of the amount of the fine to be judicially enforced is such as to detract from the effectiveness of the labour inspection system, the Committee requests the Government to specify the action taken on the recommendations made by the audit on this subject and, where applicable, to indicate the measures adopted or envisaged to relieve the labour inspectorate of the payment of an advance on the collection of fines through judicial channels.

With reference to its previous comments, and its general observation of 2007 on the importance of cooperation between the labour inspection services and the justice system, the Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure effective cooperation between the labour inspection services and the justice system with a view to ensuring the success of binding labour inspection measures, as well as numerical data illustrating the manner in which the justice system deals with the cases referred to them of violations reported by labour inspectors.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. While noting with interest the annual report on labour inspection of 2009 transmitted to the Office, the Committee recalls that, in accordance with Article 20, such report has to be published. The Committee would be grateful if the Government would indicate any measures adopted or envisaged to ensure the publication of the annual labour inspection report.

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

The Committee notes the Government’s first report.

Legislation. The Committee notes with interest the adoption on 30 October 2006, of the Act on labour inspection and the national labour inspectorate (Labour Inspection Act). It requests the Government to send copies of the texts implementing this Act, once they are published, and any available information on the results of their implementation.

Articles 2 and 23 of the Convention. Workplaces liable to inspection. The Committee notes that the Labour Inspection Act is applicable to natural or legal persons, Albanian or foreign, public or private, who exercise an economic activity, for profit or otherwise, on Albanian territory. However, it notes that, under section 4(1)(b) of this Act, workplaces in which labour relations and occupational safety and health are governed by specific laws are excluded from the scope of competence of labour inspection. The Committee would be grateful if the Government would indicate, if applicable, the categories of industrial and commercial workplaces in respect of which the aforementioned provision applies.

Article 5. (a) Cooperation between the inspection services and other government services and public or private institutions. Noting that section 12 of the Labour Inspection Act provides for collaboration between the labour inspectorate, on the one hand, and the ministries and institutions attached to it, as well as other state bodies, including private bodies exercising similar activities, on the other hand, the Committee would be grateful if the Government would provide details of practical arrangements for collaboration with each of the abovementioned partners and supply, if appropriate, copies of documents reflecting this collaboration.

(b) Collaboration between officials of the labour inspectorate and employers and workers or their organizations. Inviting the Government to refer to the guidance contained in Paragraphs 4-7 of the Labour Inspection Recommendation, 1947 (No. 81), relating to the possible types of collaboration with regard to occupational health and safety, the Committee would be grateful if the Government would indicate if arrangements or agreements have been made for the application of section 12 of the Labour Inspection Act, which provides for such collaboration. If so, it requests the Government to describe the content of, and practical arrangements for, such collaboration and the results achieved.

Articles 6, 7 and 10. Recruitment, conditions of service, training and number of labour inspectors. Noting the Government’s indication that the inspection staff is composed of 75 men inspectors and 20 women inspectors, the Committee would be grateful if it would state the criteria on the basis of which the number of posts comprising inspection duties is fixed (including supervisors, as referred to by the new Act). It requests the Government also to provide information on conditions of staff recruitment (experience and/or diplomas required, competitions, etc.), and also on the measures taken to promote the recruitment of qualified men and women inspectors. The Government is also requested to supply information on the conditions of service (pay scale, career advancement) of inspectors and supervisors, and also the arrangements made for their initial and subsequent training (content, frequency, number of participants, etc.).

Articles 11 and 16. Inspection means and inspection visits. The Committee requests the Government to provide information on the means made available to labour inspectors and supervisors, particularly transport facilities and/or arrangements for the reimbursement of travelling expenses where suitable public facilities do not exist, to enable them to inspect workplaces as often and as thoroughly as necessary.

Article 12, paragraph 1. Inspectors’ right of free entry to workplaces. The Committee notes that, under section 4(2) of the Labour Inspection Act, inspectors’ access to workplaces depends on prior authorization from the competent authorities "in particular cases". It requests the Government to supply further details of the scope of application of this provision with regard to industrial and commercial workplaces covered by the Convention.

Article 13. Power of labour inspectors to issue orders in cases of threats to the safety and health of workers. The Committee notes with interest the provisions of section 15 of the Labour Inspection Act granting labour inspectors powers to issue orders to ensure the protection of workers against risks to their health and safety. It would be grateful if the Government would supply information on the application of these provisions in practice and send a copy of any relevant documents.

Articles 17 and 18. Prosecutions and penalties. The Committee notes with interest the detailed statistics concerning the number of fines imposed by labour inspectors and stating the provisions of labour legislation the violation of which has been reported. It notes that, under section 37 of the Labour Inspection Act, the Penal Code applies to all violations which are criminal offences. It would grateful if the Government would indicate the relevant provisions of the Penal Code. With reference to its general observation of 2007 which underlines the importance of effective cooperation between the labour inspection services and the judicial bodies to ensure the success of binding labour inspection measures, it also requests the Government to supply information on the measures taken or contemplated to this end and provide statistical information on the action taken by the judicial bodies on the files referred to them further to reports by labour inspectors.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee notes with interest that the Labour Inspection Act provides that periodic reports on inspection activities shall be sent to the central labour inspection services by local offices and regional directorates (section 27). It also notes with interest that sections 28 and 29 of this Act reproduce the provisions of Articles 20 and 21 of the Convention with respect to the obligations relating to the annual report (publication, communication to the Director-General of the ILO and information to be included). While duly noting the detailed statistics on the functioning of the labour inspectorate, the Committee would like to draw the Government’s attention to paragraph 331 of its General Survey of 2006 on labour inspection, which states that publication of the annual report is intended to ensure the necessary transparency with regard to the resources, activities, difficulties and results of labour inspection, giving the social partners and the public and private bodies concerned, including non-governmental organizations, the opportunity to better understand the work and objectives of the labour inspectorate, as well as the problems it faces, and to contribute their views as to how it can be improved. The Committee would be grateful if the Government would indicate the measures taken to ensure that the central inspection authority discharges its obligation, arising from this Convention and the national legislation, to publish an annual report. If such measures have not yet been taken, it hopes that the Government will ensure that the necessary conditions are met and that an annual report will soon be published and sent to the ILO.