Private Employment Agencies Convention, 1997 (No. 181) - Albania (Ratification: 1999)

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

Articles 1, 3 and 5, of the Convention. Definitions. Legal status. Non-discrimination. The Committee notes the Government’s indication that, to meet the requirements of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, as well as to give effect to the Convention, the 1995 Labour Code was amended by Law No. 136/2015 of 5 December 2015, (hereinafter the 2015 Labour Code). The amendments introduce provisions regulating domestic and cross-border activities of private employment agencies (PEAs) in the sense of Article 1(1)(b) of the Convention (temporary work agencies). In addition, the amendments update the provisions in the Labour Code on non-discrimination to include additional prohibited grounds of discrimination (section 9 of the 2015 Labour Code), as well as requirements for a written employment contract (section 18/5(2)(c) of the 2015 Labour Code). In this regard, the Committee notes with interest that, according to section 18/3(3)(a) of the 2015 Labour Code, agreements between the user enterprise and the temporary work agency (TWA) will be deemed to be invalid if they prohibit the conclusion of a direct employment contract between an employee and the user enterprise following the termination of the employment contract between the employee and the TWA. In addition, according to section 18/2(1)(e) of the 2015 Labour Code, the user enterprise is required to provide TWA workers about vacancies that arise, and to provide such workers with equal opportunities to access direct employment with the enterprise. The Committee also notes the Government’s indication that private employment mediation requires a Category X.2.A licence authorizing the PEA to engage in “Mediation in the Labour Market”, as stipulated in Law No. 10081 of 23 February 2009, entitled “On Licences, Authorizations and Permits in the Republic of Albania” and Decision No. 538 of 26 May 2009 of the Council of Ministers, entitled “On Licences and Permits Handled by or through the National Business Centre and Some Other Common Sub-Legal Rules”. The Government also refers to the Council of Ministers’ 2017 draft decisions entitled: “On the Establishment and Manner of Organization and Functioning of the Temporary Employment Agency” and “On the Establishment and Manner of Organization of the Private Employment Agencies” (the 2017 draft decisions). The Government indicates that these 2017 draft decisions, on which the social partners were consulted, seek to improve the legal framework for the functioning of PEAs, with the aim of preventing irregular migration and abusive conditions of employment. It adds that the 2017 draft decisions are still under consideration by the relevant ministries. The Committee requests the Government to indicate whether the licence requirement established under Law No. 10081 of 23 February 2009 and Decision No. 538 of 26 May 2009 is applicable to all types of PEAs, including TWAs (Article 3). Furthermore, it requests the Government to provide copies of Decision No. 538 to the Office, as well as copies of the 2017 draft decisions once they are adopted. The Committee further requests the Government to indicate the manner in which effect is given to the non-discrimination provisions of the 2015 Labour Code in practice (Article 5).

Article 2(4)(a). Prohibitions. The Committee notes that, according to section 18/1(5) of the 2015 Labour Code, the use of temporary agency work in certain cases, sectors or categories of employees is prohibited if matters of general interest are affected – in particular: health and safety conditions at work, the proper functioning of the labour market or the prevention of abuses. Whether or not to prohibit the use of TWAs in this context is a decision to be made by the Council of Ministers. The Committee requests the Government to provide further information on the circumstances in which the use of TWAs may be prohibited and on the manner in which this prohibition has been implemented in practice. It further requests the Government to provide information on consultations held with employers’ and workers’ organizations prior to the adoption of this prohibition.

Article 7. Fees and costs. The Government indicates that PEAs are not permitted to charge any direct or indirect fees for providing their services, except for necessary expenses incurred in terms of administrative fees. The Committee notes that, in respect of TWAs, pursuant to section 18/3(3)(b) of the 2015 Labour Code, an employment agreement will be deemed invalid if it “provides for the obligation of the employee to pay to the agency a fee for employment in the receiving enterprise or establishment of a legal relationship with the receiving enterprise”. In addition, the Committee notes that section 18/2(1)(c) of the 2015 Labour Code provides that “unless otherwise agreed, the agency shall cover all employment-related expenses provided for in the legal provisions”. Referring to its 2007 comments, the Committee once again requests the Government to specify the nature of the administrative services for which TWAs may require workers to pay fees and to indicate the reasons for authorizing such expenses. In addition, the Committee requests the Government to indicate what control is exercised over the amount of fees that may be charged, and whether employers’ and workers’ organizations were consulted prior to authorizing an exception in this regard. It also requests the Government to provide information on whether the general prohibition against charging fees is applicable to all types of PEAs, including TWAs and those operating in a cross-border context.

Article 8. Migrant workers. The Committee welcomes the extracts provided by the Government from the agreement concluded with Qatar. It further notes the updated information on the Memorandum of Understanding signed with an international PEA, as well as information concerning the Triple Win Migration project with Germany, on the basis of which 20 nurses were recruited to work in Germany. The Government indicates that it has no information indicating the presence of fraudulent practices or abuses, adding that the Council of Ministers’ draft decision, “On the Establishment and Manner of Organization of the Private Employment Agencies”, establishes protections for workers mediated in a cross-border context. The Committee requests the Government to provide information on the manner in which it ensures adequate protection for and prevents abuses of migrant workers recruited or placed in its territory by all types of PEAs. It further requests the Government to continue to provide information on the nature and extent of penalties imposed against PEAs engaging in fraudulent practices or abuses involving migrant workers, as well as on the impact of the bilateral agreements concluded.

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Committee notes that during the period from April 2014 to June 2015, labour inspectors carried out inspections of two PEAs in response to inquiries made by jobseekers. The inspections concluded that both PEAs were operating in accordance with the applicable legal framework. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied by, for example, including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, the number of infringements reported, and examples of the remedies provided for and effectively applied in cases of violations of the principles of the Convention (Part V of the report form).

Articles 11 and 12. Adequate protection and allocation of responsibilities. The Committee notes that sections 18/1 to 18/5 of the 2015 Labour Code provide for the protection of workers employed by TWAs in regard to: (a) freedom of association; (b) collective bargaining; (c) minimum wages; (d) working time and other working conditions; (e) statutory social security benefits; (f) occupational safety and health; (g) compensation in case of occupational accidents or diseases; (h) maternity protection and benefits, and parental protection and benefits. Pursuant to section 18/2(1)(d)(i) to (iii) and (g) of the 2015 Labour Code, the user enterprise is responsible for the temporary agency worker’s health and safety at work, for ensuring equal treatment and for adhering to working times and rest requirements, as well as for providing compensation in case of occupational accidents or diseases. According to section 18/5(3) of the 2015 Labour Code, such workers are entitled to benefit from collective services and facilities in the user enterprise, including childcare facilities and transport services, equal to those enjoyed by the user enterprise’s employees, unless the difference in treatment is justified by objective reasons. The Committee requests the Government to indicate the manner in which adequate protections are ensured in respect of access to training, compensation in case of insolvency and protection of workers’ claims (Article 11(f) and (i) of the Convention). Furthermore, it asks the Government to clarify the meaning of the term “objective reasons justifying a difference in treatment” and to provide detailed information on the manner in which the allocation of responsibilities between TWAs and user enterprises is ensured in practice in relation to all the areas of responsibility set out in Article 12(a)–(i).

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Articles 1, 11 and 12 of the Convention. Adequate protection and determination of responsibilities of temporary work agencies. The Government refers in its report to the ongoing amendment to the 1995 Labour Code of Albania aimed at incorporating temporary employment agencies. The draft Code, approved by the Council of Ministers and submitted to Parliament, will also address other requirements of the Convention and sections 4 (Review of restrictions or prohibitions) and 6 (Access to employment, collective facilities and vocational training) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. The Committee requests the Government to provide information on the adoption of the draft Code in Parliament and to specify how the requirements under Articles 11 and 12 of the Convention are addressed in the applicable legislation. Please also provide a copy of the Code, once adopted, to the Office.

Article 7. Fees or costs. The Government indicates that Resolution No. 708 has been replaced by Decision of the Council of Ministers No. 538 of 26 May 2009. The Committee once again requests the Government to specify whether private employment agencies are allowed to charge fees or costs to workers under the current legislation. If so, please indicate the types of services and the categories of workers for which fees or costs can be charged and the reasons for authorizing such exceptions, as well as the consultations held with the social partners on this matter. Please also provide a copy of Decision of the Council of Ministers No. 538 of 26 May 2009.

Article 8. Migrant workers. The Government reports that, in 2012 and 2014, it concluded two agreements concerning migrant workers with Germany and Qatar. The agreement with Germany – the Triple Win Migration – is aimed at sending Albanian medical staff to Germany and is a follow-up to a 1991 agreement. The agreement with Qatar will be based on direct cooperation between the Ministry of Labour and Social Affairs of the State of Qatar and the Albanian Ministry of Social Welfare and Youth (MSWY), and will involve Albanian state institutions in the process of recruiting Albanian citizens for work in Qatar in order to strengthen the protection of their rights. In April 2015, two cooperation agreements were signed between the MSWY and Italian tourist associations and with an international employment agency. The Memorandum of Understanding signed with the international employment agency entails direct collaboration and information sharing between the public employment services, the signatory agency and other Albanian private employment agencies. The Committee requests the Government to continue to provide information on the impact of the agreements concluded and on whether other agreements are envisaged. It also requests the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed by private employment agencies. Please also provide information on the penalties laid down and imposed against agencies engaging in fraudulent practices and abuses.

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Committee notes that in the period 2012–13, labour inspectors have been inspecting the two existing employment agencies. While the inspection of one entity was part of the standard procedure, the other inspection took place to investigate a complaint alleging violations of the Convention. The inspections concluded that neither employment agency violated the Convention. The Committee requests the Government to provide information on the remedies provided for and examples of sanctions effectively applied in cases of violations of the Convention and a general appreciation of the manner in which the Convention is applied, for example, by including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1, 11 and 12 of the Convention. Adequate protection and determination of responsibilities of temporary work agencies. The Government refers in its report to the ongoing amendment to the 1995 Labour Code of Albania aimed at incorporating temporary employment agencies. The draft Code, approved by the Council of Ministers and submitted to Parliament, will also address other requirements of the Convention and sections 4 (Review of restrictions or prohibitions) and 6 (Access to employment, collective facilities and vocational training) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. The Committee requests the Government to provide information on the adoption of the draft Code in Parliament and to specify how the requirements under Articles 11 and 12 of the Convention are addressed in the applicable legislation. Please also provide a copy of the Code, once adopted, to the Office.

Article 7. Fees or costs. The Government indicates that Resolution No. 708 has been replaced by Decision of the Council of Ministers No. 538 of 26 May 2009. The Committee once again requests the Government to specify whether private employment agencies are allowed to charge fees or costs to workers under the current legislation. If so, please indicate the types of services and the categories of workers for which fees or costs can be charged and the reasons for authorizing such exceptions, as well as the consultations held with the social partners on this matter. Please also provide a copy of Decision of the Council of Ministers No. 538 of 26 May 2009.

Article 8. Migrant workers. The Government reports that, in 2012 and 2014, it concluded two agreements concerning migrant workers with Germany and Qatar. The agreement with Germany – the Triple Win Migration – is aimed at sending Albanian medical staff to Germany and is a follow-up to a 1991 agreement. The agreement with Qatar will be based on direct cooperation between the Ministry of Labour and Social Affairs of the State of Qatar and the Albanian Ministry of Social Welfare and Youth (MSWY), and will involve Albanian state institutions in the process of recruiting Albanian citizens for work in Qatar in order to strengthen the protection of their rights. In April 2015, two cooperation agreements were signed between the MSWY and Italian tourist associations and with an international employment agency. The Memorandum of Understanding signed with the international employment agency entails direct collaboration and information sharing between the public employment services, the signatory agency and other Albanian private employment agencies. The Committee requests the Government to continue to provide information on the impact of the agreements concluded and on whether other agreements are envisaged. It also requests the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed by private employment agencies. Please also provide information on the penalties laid down and imposed against agencies engaging in fraudulent practices and abuses.

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Committee notes that in the period 2012–13, labour inspectors have been inspecting the two existing employment agencies. While the inspection of one entity was part of the standard procedure, the other inspection took place to investigate a complaint alleging violations of the Convention. The inspections concluded that neither employment agency violated the Convention. The Committee requests the Government to provide information on the remedies provided for and examples of sanctions effectively applied in cases of violations of the Convention and a general appreciation of the manner in which the Convention is applied, for example, by including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2017.]

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

The Committee notes the Government’s report received in July 2013 in which it recalls that the authority issuing licences is the National Licensing Centre, operating under the Ministry of Economy, Trade and Energy. There are five private employment agencies currently operating in Albania and their activities relate to the placement of workers abroad. In reply to the Committee’s previous comments, the Government indicates that private employment agencies in Albania do not perform the preliminary employment of workers for purposes of making them available to a third party. It adds that private employment agencies offer the following services: informing, advising and assessing requests and applications for employment intermediation; looking for jobs; intermediating for determining the conditions and establishing employment relations between the jobseeker and the employer. The Committee recalls that, given the particularities of working arrangements in which employees work for a user enterprise that assigns and supervises the execution of the work and the indeterminacy of responsibility, it is necessary for member States to address these particularities through measures that ensure that in each case effective responsibility is determined (see 2010 General Survey concerning employment instruments, paragraph 313). The Committee invites the Government to indicate in its next report whether private employment agencies become a party to the employment relationship and, if so, to provide the relevant information requested in the report form under Articles 11 and 12 of the Convention. It also invites the Government to provide a general appreciation of the manner in which the Convention is applied by, for example, including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Article 7 of the Convention. Fees or costs. The Government indicates that Resolution No. 708 allowing private employment agencies to charge workers for necessary administrative expenses was abrogated. It also indicates that Albanian legislation does not make reference to administrative costs. However, it states that private employment agencies observe the requirements of the Convention. The Committee requests the Government to specify whether private employment agencies are allowed to charge workers for administrative expenses or costs. If so, please indicate the reasons for authorizing such expenses or costs and whether there is any control over their quantum, as well as the consultations held with the social partners on this matter.

Article 8. Migrant workers. The Committee notes that Law No. 9668 of 18 December 2006, as amended by Law No. 10389 of 3 March 2011, provides that the Ministry of Foreign Affairs shall, in cooperation with other state authorities in the Republic of Albania, be liable and responsible for the protection of the rights and interests of Albanian emigrants. The Ministry of Labour, Social Affairs and Equal Opportunities shall be responsible with respect to the care provided to Albanian emigrants before they leave the country and when they return. The Committee notes that bilateral employment agreements have been concluded and the Government provides information on its agreement with Italy. Furthermore, 36 migration offices were established throughout the country to provide advice to Albanian citizens who wish to migrate. The Committee invites the Government to continue to provide information in its next report on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed by private employment agencies (Article 8(1)) of the Convention. It also invites the Government to provide information on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses. Please also indicate whether any other bilateral agreements have been concluded (Article 8(2)).

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Government indicates that complaints are submitted and reviewed by the responsible institutions. It adds that the State labour inspectorate and social services are under the legal obligation to ensure enforcement of labour legislation. In the event of violation of the Convention, complaints may be submitted to the courts. The Committee invites the Government to provide examples of the remedies provided for and effectively applied in cases of violations of the Convention.

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

Protections for workers employed and responsibilities of private employment agencies. The Committee notes the information provided by the Government in the reports received in September 2009 and September 2010. The Government indicates that a general reform was introduced in February and May 2009 to improve the business climate by reducing administrative barriers. The National Licensing Centre was established under the responsibility of the Ministry of Economy, Trade and Energy. The Government indicates that to operate as a private employment agency, a licence will be provided by the National Licensing Centre which acts as a unique one-stop shop. It also indicates that the procedure of providing a private employment agency with a licence lasts for a maximum of four days. The Committee refers to its previous comments and wishes to highlight the need to have a clear legal framework in place to secure adequate protection in the areas enumerated in Articles 11 and 12 of the Convention. Given the particularities of working arrangements in which employees work for a user enterprise that assigns and supervises the execution of the work and the indeterminacy of responsibility, it is necessary for member States to address these particularities through measures that ensure that in each case, effective responsibility is determined (see General Survey of 2010 on employment instruments, paragraph 313). The Committee requests the Government to report in detail on the measures taken to ensure adequate protection for workers employed by private employment agencies and to allocate responsibilities between private employment agencies and made available to user enterprises and to allocate responsibilities between private employment agencies and user enterprises in each of the areas set forth in Articles 11 and 12 of the Convention.

Article 7(2) and (3). Exceptions to the prohibition to charge fees or costs to workers. The Committee recalls that section 4 of resolution No. 708 allowed private employment agencies to charge workers for necessary administrative expenses. It further recalls the Government’s statement that it did not authorize exceptions to Article 7(1) of the Convention. The Committee requests the Government to specify whether under the new legislative framework, private employment agencies are allowed to charge workers for administrative expenses. If so, please indicate the reasons for authorizing such expenses and whether there is any control over the quantum of fees, as well as the consultations held with the social partners on this matter.

Article 8. Measures to provide adequate protection for workers and prevent abuses and fraudulent practices in their recruitment, placement and employment. In the report received in September 2009, the Government indicated that in 2008 there were seven private employment agencies operating in the country and that their activity was very limited and oriented to the placement of workers abroad. The Committee requests the Government to include in its next report information on the measures taken to provide adequate protection for Albanian citizens who are placed for employment abroad. It further invites the Government to provide information on the extent to which protections are contemplated to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers in the issuing of licences and on any bilateral agreements concluded to this end.

Articles 10 and 14(3). Adequate machineries for the investigation of complaints and the application of remedies in case of violations. In the report received in September 2009, the Government indicated that the Ministry of Labour, Social Affairs and Equal Opportunities, will continue to play the role of monitoring private employment agencies through the State Labour Inspectorate. The Committee requests the Government to provide information on the machinery and procedures for the investigation of complaints concerning private employment agencies, particularly on procedures for the investigation of workers’ complaints. Please supply examples of the operation of remedies and their particulars applied in cases of violations of the Convention.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information in the Government’s report received in September 2007 which refers to resolution No. 708 of the Council of Ministers which relates to the way private employment agencies are licensed and operate.

2. Articles 1, paragraph 1, and 11 of the Convention. Services offered by private employment agencies (PEAs) and measures of protection for workers directly employed by PEAs. The Committee notes sections 1 and 2 of resolution No. 708 which indicate that only services falling under Article 1, paragraph 1, subparagraphs (a) and (c), of the Convention are offered. It further notes the Government’s information that section 7 of resolution No. 708, which states that the jobseeker placed by PEAs enjoys several of the rights enumerated in Article 11 of the Convention which ensures protection for workers employed by PEAs as provided under paragraph 1, subparagraph (b), of the Convention. The rights encompassed in section 7 of resolution No. 708 are the rights of collective negotiation, minimum wage, job duration and job conditions, social security benefits and occupational safety and health. The Committee invites the Government to indicate if PEAs are permitted to provide services as described in Article 1, paragraph 1(b), of the Convention. Please also describe the measures taken to afford adequate protection to workers employed by PEAs in those areas set forth in subparagraphs (f), (i) and (j) of Article 11 of the Convention.

3. Article 7, paragraphs 2 and 3. Exceptions to the prohibition to charge fees or costs to workers. The Committee notes, that although stating that jobseekers are to be offered free services and no direct or indirect charges are to be imposed upon them, section 4 of resolution No. 708 nevertheless allows PEAs to charge workers for necessary administrative expenses. It further notes the Government’s statement that it has not authorized exceptions to Article 7, paragraph 1, of the Convention. The Committee invites the Government to specify the kind of administrative services for which workers may be required by agencies to pay fees and to indicate the reasons for authorizing such expenses and whether there is any control over the quantum of fees under resolution No. 708.

4. Article 8. Measures to provide adequate protection for workers and prevent abuses and fraudulent practices in their recruitment, placement and employment. The Committee notes the legal framework, including section 27 of resolution No. 708, which provides protection for and prevents abuses of migrant workers within Albania. It further notes the Government’s statement concerning the obligation of PEAs to conform with bilateral agreements between Albania and other countries and that PEAs have not been involved in the trafficking of human beings. The Committee requests information on the licences issued for the placement of Albanian citizens for employment abroad, and the extent to which protections are contemplated to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers in the issuing of such licences and on any bilateral agreements concluded to this end.

5. Articles 10 and 14, paragraph 3. Adequate machineries for the investigation of complaints and the application of remedies in case of violations. The Committee notes section 26 of resolution No. 708, requiring the Labour Inspection to carry out periodical inspections and to report violations to the Ministry of Labour and Social Affairs’ Licensing Commission, which issues, updates, suspends and revokes licences. The Government indicates that there have been no cases of complaints or claims of mistreatment. The Committee requests the Government to provide further information on the machinery and procedures for the investigation of complaints concerning PEAs, particularly on procedures for the investigation of workers’ complaints. Please supply examples of the operation of remedies and their particulars applied in cases of violations of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It understands that Decision No. 71 of 11 February 1999 has been repealed and replaced by resolution No. 708 of 16 October 2003. It requests the Government to provide a report for examination by the Committee at its next session containing copies of the laws and regulations which give effect to the Convention, as well as detailed replies to the matters raised in its 2002 direct request concerning the following points:

Article 7 of the Convention. Please indicate any laws or regulations ensuring that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

Article 8, paragraph 1. Please indicate the measures taken or envisaged to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in the national territory.

Article 8, paragraph 2. Please indicate whether the bilateral agreements contain terms which prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and the content of the terms.

Article 10. Please describe the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11. Please describe the measures taken or envisaged, in accordance with national legislation and practice, to ensure adequate protection for workers employed by private employment agencies in respect of access to training (paragraph (f)).

Article 12. Please indicate, for each of the items of this Article, the respective responsibilities of private employment agencies and user enterprises.

Article 13, paragraphs 1 and 2. Please describe the procedures for cooperation between the public employment service and private employment agencies and to indicate in particular the nature of the information exchanged.

Article 13, paragraph 4. Please specify the information which is made publicly available and the intervals at which this is done.

Part V of the report form. Please provide all information relevant to the practical application of the Convention, including, for example, extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2002 direct request, which read as follows:

The Committee notes the first detailed report sent by the Government on the application of the Convention, which covers the period ending in May 2001. It notes the various laws and regulations to give effect to the provisions of the Convention. It requests the Government to provide specific information on the following.

Article 7 of the Convention. The Committee notes article 19 of Decision No. 71 of the Council of Ministers (11 February 1999) under which the Minister of Finance and the Minister of Labour and Social Affairs are responsible for issuing ordinances to determine the rates of services offered by private employment agencies. It also notes that, according to the Government, all the services provided by private employment agencies are so far free of charge. Please indicate any laws or regulations ensuring that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

Article 8, paragraph 1. Please indicate the measures taken or envisaged to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in the national territory.

Article 8, paragraph 2. The Committee notes the provisions of article 15 of Decision No. 71 under which private employment agencies are required to apply bilateral agreements concluded between Albania and the governments of the countries concerned on the placement of Albanian citizens outside the national territory. Please indicate whether the bilateral agreements contain terms which prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and the content of the terms.

Article 10. Please describe the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11. Please describe the measures taken or envisaged, in accordance with national legislation and practice, to ensure adequate protection for workers employed by private employment agencies in respect of access to training (paragraph (f)).

Article 12. Please indicate, for each of the items of this Article, the respective responsibilities of private employment agencies and user enterprises.

Article 13, paragraphs 1 and 2. The Government indicates in its report that private employment agencies supply information to the public employment service in accordance with article 17 of Decision No. 71. The Committee indicates that, for the purpose of implementing the Convention, this Article of the Convention requires the public authorities to retain final authority for formulating labour market policy and utilizing or controlling the use of public funds earmarked for the implementation of that policy. In view of that circumstance, the Committee requests the Government to describe the procedures for cooperation between the public employment service and private employment agencies and to indicate in particular the nature of the information exchanged.

Article 13, paragraph 4. Please specify the information which is made publicly available and the intervals at which this is done.

Part V of the report form. Please provide all information relevant to the practical application of the Convention, including, for example, extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the first detailed report sent by the Government on the application of the Convention, which covers the period ending in May 2001. It notes the various laws and regulations to give effect to the provisions of the Convention. It requests the Government to provide specific information on the following.

Article 7 of the Convention. The Committee notes article 19 of Decision No. 71 of the Council of Ministers (11 February 1999) under which the Minister of Finance and the Minister of Labour and Social Affairs are responsible for issuing ordinances to determine the rates of services offered by private employment agencies. It also notes that, according to the Government, all the services provided by private employment agencies are so far free of charge. Please indicate any laws or regulations ensuring that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

Article 8, paragraph 1. Please indicate the measures taken or envisaged to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in the national territory.

Article 8, paragraph 2.  The Committee notes the provisions of article 15 of Decision No. 71 under which private employment agencies are required to apply bilateral agreements concluded between Albania and the governments of the countries concerned on the placement of Albanian citizens outside the national territory. Please indicate whether the bilateral agreements contain terms which prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and the content of the terms.

Article 10. Please describe the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11. Please describe the measures taken or envisaged, in accordance with national legislation and practice, to ensure adequate protection for workers employed by private employment agencies in respect of access to training (paragraph (f)).

Article 12. Please indicate, for each of the items of this Article, the respective responsibilities of private employment agencies and user enterprises.

Article 13, paragraphs 1 and 2. The Government indicates in its report that private employment agencies supply information to the public employment service in accordance with article 17 of Decision No. 71. The Committee indicates that, for the purpose of implementing the Convention, this Article of the Convention requires the public authorities to retain final authority for formulating labour market policy and utilizing or controlling the use of public funds earmarked for the implementation of that policy. In view of that circumstance, the Committee requests the Government to describe the procedures for cooperation between the public employment service and private employment agencies and to indicate in particular the nature of the information exchanged.

Article 13, paragraph 4. Please specify the information which is made publicly available and the intervals at which this is done.

Part V of the report form. Please provide all information relevant to the practical application of the Convention, including, for example, extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.