Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Albania (Ratification: 1999)

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

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that the composition of the National Labour Council (NLC) changed in April 2018. The Government further indicates that the most representative workers’ and employers’ organisations participating in the NLC are determined by decision of the Council of Ministers every three years. The Committee welcomes the information provided by the Government with regard to the tripartite consultations held within the NLC on matters related to international labour standards in June 2020. The Committee notes with interest the Government’s indication that, in the tripartite consultations held, the social partners concurred with the Government’s proposal to ratify the Violence and Harassment Convention, 2019 (No. 190). The Government adds that measures have been taken to initiate the process of ratification of Convention No. 190, which is expected to be ratified in 2020. The Government indicates that prior to the ratification, the relevant institutions should examine whether the national legislation is in line with the provisions of the convention or whether the introduction of legal amendments are needed. In addition, the Government indicates that, in the context of the NLC discussions, the social partners discussed the measures taken by the Government to address the impact of COVID-19 pandemic in the finance, health, education and touristic sectors. Lastly, the Government indicates that the social partners are consulted with regard to reports on ratified Conventions, submitted under article 22 of the ILO Constitution. The Committee nevertheless notes that the Government does not provide information on the tripartite consultations held with regard to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)), and the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee therefore requests the Government to provide updated detailed information on the content and the outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, including on the questionnaires on Conference agenda items (Article 5(1)(a)); the proposals to be made to the Albanian Parliament in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates in its report that consultations on the issues mentioned in Article 5 of the Convention are performed on an annual basis, or in accordance with the requirements of the social partners. With regard to Article 5(1)(c), the Committee notes the information provided in the Government’s report on the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), following consultations with the Association of Shipowners and the Association of Sailors, and the examination of the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee further notes the detailed information and analysis provided in the Government’s report on measures taken to implement the provisions of the Employment Relationship Recommendation, 2006 (No. 198), including through the development of national policy aimed at protecting workers in an employment relationship. In this context, the Government indicates that national policies are formulated and implemented in accordance with national law and national practice, in consultation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the outcome of the tripartite consultations held on the matters concerning international labour standards covered by the Convention, including on the proposals to be made to the Albanian Parliament in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b) of the Convention).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates in its report that consultations on the issues mentioned in Article 5 of the Convention are performed on an annual basis, or in accordance with the requirements of the social partners. With regard to Article 5(1)(c), the Committee notes the information provided in the Government’s report on the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), following consultations with the Association of Shipowners and the Association of Sailors, and the examination of the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee further notes the detailed information and analysis provided in the Government’s report on measures taken to implement the provisions of the Employment Relationship Recommendation, 2006 (No. 198), including through the development of national policy aimed at protecting workers in an employment relationship. In this context, the Government indicates that national policies are formulated and implemented in accordance with national law and national practice, in consultation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the outcome of the tripartite consultations held on the matters concerning international labour standards covered by the Convention, including on the proposals to be made to the Albanian Parliament in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b) of the Convention).

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

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates in its report that the composition of the National Labour Council changed in December 2013 and now consists of 27 members, of whom ten are representatives of employers’ organizations, ten are representatives of workers’ organizations and seven are representatives of the Council of Ministers. It also indicates that there were no consultations concerning the re examination of unratified Conventions during the reporting period (Article 5(1)(c)). The Committee notes that the Safety and Health in Construction Convention, 1988 (No. 167), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), were both ratified on 24 April 2014. The Committee invites the Government to provide further information on the consultations held within the National Labour Council on the matters concerning international labour standards covered by the Convention.

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

Effective tripartite consultations required by the Convention. The Committee notes the Government’s reports received in September 2012 and July 2013. The Government provides in its 2012 report information on the discussions held during the meetings of the National Labour Council which include discussions on social dialogue and collective bargaining in the education sector and on the implementation of ratified ILO Conventions. In its 2013 report, the Government provides updated information on the discussions held during National Labour Council meetings. The Committee requests the Government to provide in its next report information on the effective consultations held on all matters related to international labour standards listed in Article 5(1) of the Convention, including information on the nature of any reports or recommendations made as a result of the consultations. The Committee also refers to its observation on the obligation to submit the instruments adopted by the Conference (article 19(5) and (6) of the ILO Constitution) and invites the Government to report on the tripartite consultations held regarding the proposals made to Parliament in connection with the submission of Conventions and Recommendations (Article 5(1)(b) of the Convention).

[The Government is asked to reply in detail to the present comments in 2014.]

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

Effective tripartite consultations required by the Convention. The Committee notes the reply provided by the Government in March 2010 to the comments submitted by the Confederation of Trade Unions of Albania, as well as the report on the application of the Convention for the period ending in May 2011. The Committee notes that the National Labour Council held discussions on employment and social issues and provided its support to the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). The Government indicates that the reports on the application of ratified Conventions were discussed in the tripartite commissions of the National Labour Council taking into account the opinions and views of the social partners. The Committee invites the Government to provide in its next report updated information on the effective consultations held on all matters related to international labour standards listed in Article 5(1) of the Convention.

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

Effective tripartite consultations required by the Convention. Further to its previous observations, the Committee notes the report for the period ending in May 2009, in which the Government reports on the activities of the National Labour Council, including tripartite consultations as required by the Convention. The Committee further notes the registration of ratification of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), and its Protocol of 1996 in December 2007. In addition, in January 2009, the ratifications were registered of the Employment Service Convention, 1948 (No. 88), and of the Employment Policy Convention, 1964 (No. 122). The Committee also notes the comments of the Confederation of Trade Unions of Albania (CTUA), which again states that the National Council of Labour has not reviewed the Government’s reports with workers’ organizations as required by the Convention. CTUA also brought forward that the applicability of ratified Conventions had not been analysed. The Committee reiterates its interest in receiving precise information on the effective consultations held during the period covered by the next report on all matters related to international labour standards enumerated in Article 5(1) of the Convention.

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

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee takes note of the information provided by the Government’s report received in September 2007 on the consultations held in the National Labour Council (NLC) and its specialized commissions. The Committee further notes the observations of the Confederation of Trade Unions of Albania (CTUA) and the Government’s reply to the matters raised by the CTUA. In particular, the CTUA indicates that neither consultations regarding items for the agenda of the International Labour Conference took place nor were Government’s reports in accordance with article 22 of the Constitution consulted with workers’ organizations. The Government indicates in its report that in all cases consultations have been carried out with all representatives of the trade unions and those of employers’ organizations that were members of the Albanian delegation to the Conference. The Government’s reports on the application of Conventions have been made available to the social partners who were free to comment on them. The Committee notes with interest that the ratification of Conventions Nos 129, 156 and 185 were registered on 11 October 2007. The Committee would welcome receiving further information on the effective tripartite consultations held during the period covered by the next report, particularly in the framework of the NLC, on each of the subjects listed in Article 5, paragraph 1, of the Convention.

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

Tripartite consultations required by the Convention. The Committee notes the information provided in the Government’s report received in November 2006. It notes that, following consultations held in the National Labour Council (NLC), Conventions Nos. 102, 143 and 168 were ratified in 2006. In its report, the Government further reports that Conventions Nos. 88, 122, 142 and 158 have been discussed in the NLC and its specialized committees. The Government also indicates that the NLC has not held a meeting for a period of five months due to a judicial dispute concerning the union leadership. However, consultations in the tripartite committees of the NLC have taken place on some issues. The Committee refers to its previous comments, and asks the Government to continue providing detailed information on the measures taken to ensure effective tripartite consultations within the meaning of the Convention, including further information on the consultations held by the NLC on each of the subjects listed in Article 5 during the period covered by the next report.

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

1. The Committee notes the information provided by the Government’s report received in September 2005, as well as the comments of the Confederation of Trade Unions of Albania (CTUA), which were forwarded to the Government in October 2004.

2. Tripartite consultations required by the Convention. In its report, the Government recalls that, according to section 200 of the Labour Code and Decision No. 730 of the Council of Ministers, ILO activities are addressed by the National Council of Labour (NCL) and by its specialized commissions. The NCL holds consultations with the most representative employers’ and workers’ organizations, with regard to Conventions to be ratified and denounced, as well as on measures to be taken concerning the implementation of Conventions. During the reporting period, the Government indicates that Conventions Nos. 88, 122 and 168 were discussed by the NCL and its specialized commissions. The Government also indicates that all the expenses necessary for the organization of the NCL’s meetings and its specialized commissions were covered by the budget of the NCL and that seminars and workshops have been organized with the employers’ and workers’ organizations and their expenses were covered by the Ministry of Labour and Social Affairs or by non-profit organizations.

3. The Government further indicates that consultations required under Article 5 of the Convention are scheduled according to a yearly plan. In addition, unplanned meetings can be held with regard to various issues, upon the request of the social partners who are represented in the NCL. The Government points out that during the reporting period, several studies have been the object of consultations and discussions, amongst which it states the following: "Defining the minimum wage according to the sectors of the economy", amendments of the Law on "Promotion of Employment and Social Insurances", discussion on the draft Law on "System of Labour Inspection and the State of Labour Inspectorate". The Committee takes due note of this information.

4. For its part, the CTUA states in its October 2004 comments that many important issues that should be discussed at the NCL level are set aside and that the current status of the NCL’s secretariat prevents it from being truly efficient. In this regard, the Committee asks the Government to address the CTUA’s comments in its next report. It also recalls that the Government and the social partners should establish procedures which ensure effective consultations in a manner that is satisfactory to all parties concerned. It asks the Government to keep providing detailed information on the measures taken in order to ensure effective tripartite consultations within the meaning of the Convention, including further information of the consultations held by the NCL on each of the subjects listed in Article 5 during the period covered by the next report.

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

1. The Committee notes the information provided by the Government’s reports received in September 2003 and 2004 and the comments of the Confederation of Trade Unions of Albania (CTUA), which were forwarded to the Government in April 2004. The CTUA refers to the operation of the National Council of Labour (NCL) and in particular observes that:

-  while Decision No. 767 of the Council of Ministers provides that the NCL shall meet not less than once every three months, there have been periods when it has not functioned for a period of more than one year. As a consequence of the lack of continuity of the sessions, some issues become outdated;

-  formalism in tackling problems and the presentation of the Government’s position is an accomplished fact. The CTUA indicates that consultations in the NLC are without any effect when it meets to discuss subjects on which the Government has already taken a decision;

-  the effectiveness of the NCL is minimized either by the Government not attending the meetings or sending representatives at the lowest level;

-  the secretariat appointed by the Ministry of Labour and Social Affairs has been kept busy with the regular work of the Department of Labour Relations, and therefore does not fulfil its function as the secretariat of the NCL;

-  the Government’s report does not include the remarks made by the workers’ organizations on the application of ratified Conventions, in particular with regard to the regularity of the meetings of the NCL, the budget to ensure its effective functioning and the assistance of an independent secretariat.

2. In its reply to the CTUA comments, the Government indicates that if the NLC has not met frequently in the past, the reason was the conflict inside the workers’ organization. The conflict has been resolved and over the past two or three years the NLC has met at least twice a year. The Government also indicates that consultations have been held in the Permanent Tripartite Committee of the NLC on important issues, including health and safety at work, draft amendments to the Labour Act and the consequences on workers of structural reforms. The Government also declares that it has taken seriously into account the importance and role of the NLC, and that when ministers could not attend the meetings they were replaced by deputy ministers and not by representatives at the lowest level. Concerning the staff of the permanent secretariat of the NLC, the Government indicates that it was recruited in conformity with the rules applied to civil servants, and that it carried out all the tasks set by the NLC correctly and in conformity with the deadlines. Finally, the Government indicates that no comments had been received from workers’ organizations on concrete issues when they were invited to do so.

3. As the issues raised above are related to the effectiveness of the consultations required by the Convention, as well as the administrative support required by Articles 2, paragraph 1, and 4, paragraph 1, of the Convention, the Committee wishes to emphasize that the Government and the social partners should establish procedures which ensure effective consultations in a manner that is satisfactory to all parties concerned. It asks the Government to provide detailed information in its next report on the measures taken in order to ensure effective tripartite consultation within the meaning of the Convention, including particulars of the consultations held by the NLC on each of the subjects listed in Article 5, and to indicate the recommendations made or the measures adopted to resolve the issues raised in this observation.

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

1. The Committee notes the Government’s first report on the application of the Convention. It notes with interest that the consultations held by the National Labour Council include ILO activities and standards. It would be grateful if the Government would continue to provide information on the activities of the National Labour Council on matters covered by the Convention. Please identify the representative organizations which have been designated for the purposes of the Convention and for participation in the National Labour Council (Article 1 of the Convention).

2. Article 5. Please also provide further details of the consultations held on the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference (subparagraph (a)), the proposals to be made to the competent authority with regard to the submission of the instruments adopted by the Conference (subparagraph (b)) and questions arising out of reports to be made under article 22 of the Constitution (subparagraph (d)). In addition, please indicate whether these consultations are held at least once a year.

3. Please also provide particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report "on the working of the procedures provided for in the Convention" (Article 6).