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

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

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

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

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

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

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

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 its previous comments, the Committee noted with concern the Government’s statement that no public workers’ trade unions have yet been established. The Committee welcomes the Government’s indication that the Education and Health Care Unions, the Independent Trade Union of Civil Servants and the Federation of Civil Servants and Public Administration have been functioning in the public sector for several years. The Committee takes note of the Government’s indication that work relations in the civil service are now regulated by Act No. 152/2013 on the Civil Servants, which entered into force on 26 February 2014 and repealed Act No. 8549 of 11 November 1999 on the Status of Civil Servants. The Government indicates that Act No. 152/2013 applies to all civil servants, including those in tax and customs offices and local governments (prefectures). The Government further indicates that pursuant to section 36 of Act No. 152/2013, civil servants have the right to establish and join trade unions or professional associations as well as the right to be elected in their steering organs and participate in their activities.

Articles 4 and 5 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee noted that the Labour Code contained specific provisions on protection against anti-union discrimination and interference of public employees. The Committee notes the Government’s indication that a draft Labour Code was expected to be approved by Parliament by the end of 2014. The Committee trusts that the new Labour Code will adequately provide for the protection set out in Articles 4 and 5 of the Convention, and requests the Government to provide information on developments relating to the draft Labour Code and to provide a copy as soon as it is adopted.

Article 6. Facilities for workers’ representatives. In its previous comments the Committee requested the Government to indicate whether civil servants have entered into collective agreements defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also requested the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work. The Committee notes that in its report, the Government merely repeats that section 181 of the Labour Code requires employers to create all the necessary conditions and facilities for the elected representatives of the organizations of employees to normally exercise their functions, which are defined in the collective contract. The Committee once again requests the Government to indicate whether the civil servants covered by the Act No. 152/2013 on the Civil Servants have entered into collective agreements defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also once again requests the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work.

Article 7. Participation in the determination of conditions of employment. The Committee notes that section 39(1) of Act No. 152/2013 guarantees to civil servants the right to be consulted through their trade unions or representatives on decision-making regarding working conditions. Section 39(3) provides that the Council of Ministers shall issue detailed rules for the exercise of such right. The Government has not indicated whether these rules have been issued. The Committee requests the Government to provide information on the issuance of the rules in question, as required by Act No. 152/2013 on the Civil Servants, and to provide a copy.

Article 8. Settlement of disputes. The Committee had indicated in its previous comments that, according to the Confederation of Trade Unions of Albania, the procedures provided for in the Labour Code for the resolution of collective disputes have never functioned normally, and that boards of conciliation are not always set up in order to settle labour disputes. The Government indicates, in this regard, that the state’s offices of conciliation and mediation were to be reorganized in September 2014. The Government also informs that the Ministry of Justice has started drafting a new arbitration law, and that the draft Labour Code seeks to reformulate the arbitration procedure and prevent the interference of the Government in collective conflicts. The Committee requests the Government to provide information on the measures taken to ensure the adequate functioning of dispute settlement mechanisms that have the confidence of the parties, as provided by Article 8 of the Convention, including on any developments relating to the new arbitration law.

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

In its previous comments, the Committee noted with concern the Government’s statement that no public workers’ trade unions have yet been established. The Committee welcomes the Government’s indication that the Education and Health Care Unions, the Independent Trade Union of Civil Servants and the Federation of Civil Servants and Public Administration have been functioning in the public sector for several years. The Committee takes note of the Government’s indication that work relations in the civil service are now regulated by Act No. 152/2013 on the Civil Servants, which entered into force on 26 February 2014 and repealed Act No. 8549 of 11 November 1999 on the Status of Civil Servants. The Government indicates that Act No. 152/2013 applies to all civil servants, including those in tax and customs offices and local governments (prefectures). The Government further indicates that pursuant to section 36 of Act No. 152/2013, civil servants have the right to establish and join trade unions or professional associations as well as the right to be elected in their steering organs and participate in their activities.

Articles 4 and 5 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee noted that the Labour Code contained specific provisions on protection against anti-union discrimination and interference of public employees. The Committee notes the Government’s indication that a draft Labour Code was expected to be approved by Parliament by the end of 2014. The Committee trusts that the new Labour Code will adequately provide for the protection set out in Articles 4 and 5 of the Convention, and requests the Government to provide information on developments relating to the draft Labour Code and to provide a copy as soon as it is adopted.

Article 6. Facilities for workers’ representatives. In its previous comments the Committee requested the Government to indicate whether civil servants have entered into collective agreements defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also requested the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work. The Committee notes that in its report, the Government merely repeats that section 181 of the Labour Code requires employers to create all the necessary conditions and facilities for the elected representatives of the organizations of employees to normally exercise their functions, which are defined in the collective contract. The Committee once again requests the Government to indicate whether the civil servants covered by the Act No. 152/2013 on the Civil Servants have entered into collective agreements defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also once again requests the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work.

Article 7. Participation in the determination of conditions of employment. The Committee notes that section 39(1) of Act No. 152/2013 guarantees to civil servants the right to be consulted through their trade unions or representatives on decision-making regarding working conditions. Section 39(3) provides that the Council of Ministers shall issue detailed rules for the exercise of such right. The Government has not indicated whether these rules have been issued. The Committee requests the Government to provide information on the issuance of the rules in question, as required by Act No. 152/2013 on the Civil Servants, and to provide a copy.

Article 8. Settlement of disputes. The Committee had indicated in its previous comments that, according to the Confederation of Trade Unions of Albania, the procedures provided for in the Labour Code for the resolution of collective disputes have never functioned normally, and that boards of conciliation are not always set up in order to settle labour disputes. The Government indicates, in this regard, that the state’s offices of conciliation and mediation were to be reorganized in September 2014. The Government also informs that the Ministry of Justice has started drafting a new arbitration law, and that the draft Labour Code seeks to reformulate the arbitration procedure and prevent the interference of the Government in collective conflicts. The Committee requests the Government to provide information on the measures taken to ensure the adequate functioning of dispute settlement mechanisms that have the confidence of the parties, as provided by Article 8 of the Convention, including on any developments relating to the new arbitration law.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the comments of the Confederation of Trade Unions of Albania (CTUA) dated 31 August 2007 and 26 August 2009 on the application of the Convention. The Committee also notes the Government’s observations, dated 3 October 2007 on the earlier comments of the CTUA. The Committee requests the Government to provide in its next report comments on the most recent observations by the CTUA.

Articles 1 and 2 of the Convention. The Committee had noted in its previous comments that, according to the CTUA, Law No. 8549 of 11 November 1999 on the Status of Civil Servants, which guarantees to civil servants as defined in section 2(1), the right to form and join labour unions and take part in decision-making processes relating to their working conditions, is not applicable to employees in the customs, taxation and local governance offices (prefectures). The Committee notes that the Government indicates in its report that section 20 of the Law on the Statute of Civil Servants, all civil servants, including those in the areas of duties, taxes, customs and local authorities have the right to establish and join trade unions. The Committee notes that the CTUA indicates in its report that these guarantees should be supported with legal acts as regards to these workers.

The Committee notes with concern the Government’s statement that no public workers’ trade unions have yet been established.

Article 4. Protection against anti-union discrimination of public workers. The Committee noted in previous comments that by virtue of section 4 of Law No. 7961, dated 7 December 1995, the Code of Labour of the Republic of Albania, protection against anti-union discrimination granted by sections 10 and 146(1)(e) of the Code is applicable to civil servants covered by Law No. 8549. The Committee previously requested the Government to indicate in its report whether all categories of employees in the public sector and all civil servants enjoy such protection from anti-union discrimination. The Committee notes that the Government indicates that public workers covered by the Labour Code are entitled to establish and become members of trade unions as guaranteed by article 50 of the Constitution and sections 177–179 of the Labour Code. Article 10 of the Labour Code, in addition, guarantees protection against discrimination of workers with regard to employment or occupation because of their membership, or lack of membership, in a trade union. The Government also indicates that civil servants, under section 20(d) and (dh) of the Law on the Status of Civil Servants and section 4 of the Labour Code, are entitled to organize and participate in decision-making processes with regard to working conditions. The Committee requests the Government to keep it informed of any progress in this regard.

Article 5. Protection against acts of interference. In previous comments, the Committee noted that sections 184–186 of the Labour Code prohibit any acts of interference by state bodies and employers in the establishment, functioning or administration of employees’ organizations and article 202 sanctions violations of these provisions. The Committee also noted however that the rules on labour union activities of civil servants have not been formulated yet as required under section 20(d) of Law No. 8549 on the Status of Civil Servants. The Committee notes that the Government indicates that no regulations on the functioning of the civil workers’ trade unions have been set, but that section 4 of the Labour Code and section 1(3) of the Law on the Status of Civil Servants do apply to civil servants. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to formulate the said rules under sections 184–186 of the Labour Code, and to transmit a copy of the rules, when adopted.

Article 6. Facilities for workers’ representatives. The Committee previously noted that section 181(7) of the Labour Code requires employers to create all the necessary conditions and facilities for the elected representatives of the organizations of employees to normally exercise their functions, which are defined in the collective contract. Noting that the Government indicates that, under section 4 of the Labour Code, trade union representatives are entitled to all necessary facilities provided for in section 181(7), the Committee once again requests the Government to indicate in its next report whether the civil servants covered by the Law on the Status of Civil Servants have entered into collective contracts defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also once again requests the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work.

Article 7. Participation in the conditions of employment determinations. The Committee noted in its previous comments that section 20(dh) of the Law on the Status of Civil Servants guarantees to civil servants the right to take part through labour unions or representatives, in decision-making processes relating to working conditions. Article 4(3) of the Law on the Status of Civil Servants provides that the Council of Ministers shall issue instructions on the negotiation of working conditions with labour unions or representatives in the institutions of the central administration subordinated to it. The Committee notes that the Government indicates that regulations as regards to the functioning of the civil servants’ trade union activities have not yet been determined, though public employees may establish organizations as provided for in Article 4 of the Labour Code. The Committee therefore once again requests the Government to indicate in its next report the measures taken or envisaged to issue the requisite instructions under section 4(3) of the Law on the Status of Civil Servants and to transmit a copy of the instructions, when issued.

Article 8. The Committee had indicated in several of its previous comments that, according to the CTUA, the mediation, conciliation and arbitration procedures provided for in sections 188–196 of the Labour Code for the resolution of collective disputes have never functioned normally and that boards of conciliation are not always set up in order to settle labour disputes. The Committee notes that the Government indicates in its report that according to the Labour Code, sections 189–196, employment disagreements are solved through the means defined in the collective agreement or through mediation, Reconciliation Offices, Arbitration Court or the courts.

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

The Committee takes note of the Government’s response to the comments previously received from the Confederation of Trade Unions of Albania (CTUA) to which the Committee had referred in its previous observation.

1. Articles 1 and 2 of the Convention. The Committee had noted in its previous comments that, according to the CTUA, Law No. 8549 of 11 November 1999 on the Status of the Civil Servant, which guarantees to civil servants as defined in article 2(1), the right to form and join labour unions and take part in decision-making processes relating to their working conditions, is not applicable to employees in the customs, taxation and local governance offices (prefectures). The Committee notes with interest that, according to the Government, the Labour Code, as revised by Law No. 9125 of 29 July 2003, covers these categories of public employees, and guarantees the implementation of the rights and freedoms of trade union organizations to all civil servants in the prefectures, customs and tax offices. The Committee requests the Government to specify in its next report the provisions which extend the guarantees provided for in the Convention to employees in customs offices, tax offices and prefectures.

2. Article 8. The Committee had indicated in its previous comments that according to the CTUA, the mediation, conciliation and arbitration procedures provided for in articles 188-196 of the Labour Code for the resolution of collective disputes have never functioned normally and that boards of conciliation are not always set up in order to settle labour disputes. The Committee notes that according to the Government, there are special mechanisms within the civil service and organs such as the Civil Service Commission (CSC) which ensures the observance of the employees’ rights. The Committee notes, however, that the CSC has competence to hear individual grievances, not to resolve collective disputes (article 8 of the Law on the Status of the Civil Servant No. 8549 of 11 November 1999). The Committee also recalls from previous comments made under Convention No. 154 that the Government has still not taken the necessary measures for the issuing of instructions and rules concerning the negotiation of civil servants’ working conditions as required by articles 4 and 20 of the Law on the Status of the Civil Servant No. 8549 of 11 November 1999. The Committee requests the Government to indicate in its next report any measures taken as required in articles 4 and 20 of Law No. 8549, so as to set up special mechanisms for the settlement of disputes arising in connection with the determination of terms and conditions of employment of public employees.

3. The Committee requests the Government to provide in its next report its reply to the comments which remain pending from the Committee’s previous observation concerning the application of Articles 4, 5, 6 and 7 of the Convention (see 2004 observation, 75th Session).

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

The Committee takes note of the report of the Government on the application of the Convention and the comments of the Confederation of the Trade Unions of Albania (CTUA/KSSH).

Articles 1 and 2 of the Convention. The Committee notes that Law No. 8549, dated 11 November 1999, on the Status of the Civil Servant guarantees to civil servants as defined in article 2(1) of the Act, the right to form and join labour unions and professional organizations and the right to take part, through labour unions or representatives, in decision-making processes relating to working conditions. The Committee notes however that, according to the CTUA/KSSH, the aforesaid Law is not applicable to all categories of employees in the public sector and employees in the customs, taxation and local governance offices (prefectures), etc. The Committee therefore requests the Government to indicate whether all categories of employees in the public sector and all civil servants are guaranteed the rights provided under the Convention.

Article 4. The Committee notes that by virtue of article 4 of Law No. 7961, dated 7 December 1995, the Code of Labour of the Republic of Albania, protection against anti-union discrimination granted by articles 10 and 146(1)(e) of the Code is applicable to civil servants covered by Law No. 8549. The Committee requests the Government to indicate in its report whether all categories of employees in the public sector and all civil servants enjoy such protection from anti-union discrimination.

Article 5. The Committee notes that articles 184-186 of the Labour Code prohibit any acts of interference by state bodies and employers in the establishment, functioning or administration of employees’ organizations and article 202 sanctions violations of these provisions. The Committee notes however that the rules on labour union activities of civil servants have not been formulated yet as required under article 20(d) of Law No. 8549, dated 11 November 1999, on the Status of the Civil Servant. The Committee therefore requests the Government to indicate the measures taken or envisaged to formulate the said rules, and to transmit a copy of the rules, when adopted.

Article 6. The Committee notes that article 181(7) of the Labour Code requires employers to create all the necessary conditions and facilities for the elected representatives of the organizations of employees to normally exercise their functions, which are defined in the collective contract. The Committee therefore requests the Government to indicate in its next report whether the civil servants covered by the Law on the Status of the Civil Servant have entered into collective contracts defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also requests the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work.

Article 7. The Committee notes that article 20(dh) of the Law on the Status of the Civil Servant guarantees to civil servants the right to take part through labour unions or representatives, in decision-making processes relating to working conditions. Article 4(3) of the Law on the Status of the Civil Servant provides that the Council of Ministers shall issue instructions on the negotiation of working conditions with labour unions or representatives in the institutions of the central administration subordinated to it. The Government has not indicated whether these instructions have been issued. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to issue the requisite instructions under article 4(3) of the Law on the Status of the Civil Servant and to transmit a copy of the instructions, when issued.

The Committee notes that Chapter XV of the Labour Code contains provisions relating to the negotiation of collective contracts. The Committee requests the Government to include, in its next report, information on and available statistics of the number of collective contracts of employment entered into by organizations of civil servants and the number of employees covered.

Article 8. The Committee notes that articles 188-196 of the Labour Code provide for the resolution of employment-related collective disputes through mediation, conciliation and arbitration. The Committee notes, however, that it has been indicated by the CTUA/KSSH that the machinery contemplated under articles 188-196 of the Code has never functioned normally and the boards of conciliation are not always put in motion in order to settle labour disputes. The Committee therefore requests the Government to indicate in its next report whether the machinery contemplated under the aforesaid provisions functions normally and regularly.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s first report.

The Committee also notes that, according to section 20 of the Law on the Status of Civil Servants, a special law shall set forth rules on trade union activities of civil servants. The Committee requests the Government to send a copy of this legislation as soon as it is adopted.