Collective Bargaining Convention, 1981 (No. 154) - Albania (Ratification: 2002)

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

Article 5 of the Convention. Promotion of collective bargaining in the private sector. In its previous comments, the Committee had requested the Government to provide detailed information on the measures taken to promote collective bargaining in the private sector, as well as the approximate number of collective agreements concluded, the sectors concerned, and the percentage of workers covered. Given that Albania has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee will examine the information provided by the Government in this respect in the framework of the application of the above Convention.

Promotion of collective bargaining in the public sector. In its previous comments under the Labour Relations (Public Service) Convention, 1978 (No. 151), the Committee had noted that section 39(1) of law no. 152/2013 guarantees civil servants the right to be consulted through their trade union or their representatives in decisions concerning conditions of employment. Further observing that, in accordance with section 39(3), the Council of Ministers shall issue detailed rules for the exercise of this right, the Committee had requested the Government to provide information on the issuance of these rules. The Committee notes the Government's indication that the detailed rules for the exercise of the right of consultation provided for in section 39(3) of law no. 152/2013 has not been adopted. Recalling that, under the terms of the Convention, civil servants should not only be consulted but also be in a position to bargain collectively on conditions of employment and work, the Committee requests the Government to indicate, how the right of civil servants to bargain collectively is recognized, both in law and in practice, and to provide information on collective agreements signed and in force in the public sector.

Article 5(e). Settlement of labour disputes. In previous comments under Convention No. 151, the Confederation of Trade Unions of Albania had pointed out that the procedures provided for in the Labour Code for the resolution of collective disputes had never functioned normally, and that boards of conciliation were not always set up in order to settle labour disputes. The Committee notes the information provided by the Government concerning several amendments to the Labour Code introduced by law no. 136/2015. It particularly notes that the Government indicates that, according to section 170 of the Labour Code, in the event of a dispute concerning the breach of a collective agreement, one of the parties may request the intervention of the court of arbitration, an independent and impartial party, for the resolution of the dispute. While taking due note of the information provided by the Government, the Committee recalls that the concerns raised by the Confederation of Trade Unions of Albania went beyond the specific situation of the breach of a collective agreement and referred to the ineffective functioning of the dispute settlement mechanisms in general. In view of the above, the Committee requests the Government to provide specific information on the measures taken, both in law and in practice, to encourage and promote the effective functioning of dispute settlement mechanisms, in particular the conciliation and mediation boards, both in the private and public 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

Article 5 of the Convention. Collective bargaining in the private sector. The Committee notes that the Government indicates that the Ministry of Labour, Social Affairs, and Equal Opportunities has undertaken activities with the social partners to encourage collective bargaining in the private sector. The Government further indicates that a memorandum of understanding was concluded in February 2011 between the Council of Ministers, the employers’ and workers’ organizations and the members of the National Labour Council. The Committee notes the Government’s indication that private employers often fail to file the collective contracts at the labour offices and that therefore the number of collective contracts in the private sector does not reflect the total number of collective contracts that have been concluded. The Committee notes that, in its report, the Government does not provide detailed information on the number of collective agreements concluded in the private sector and the percentage of workers covered. The Committee requests the Government to provide further information on the measures taken and any other measures contemplated to promote collective bargaining in the private sector, as well as the approximate number of collective agreements reached and the sectors concerned or, at least, information on the most relevant collective agreements, indicating the percentage of workers covered.

Draft Labour Code. 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 Government indicates that the draft Code recognizes the right of workers’ representatives to be informed on matters related to collective bargaining and the obligation to hold consultations between them and employers on issues such as workplans and forms of work organization. The Committee 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.

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

Article 5 of the Convention. Collective bargaining in the private sector. The Committee notes that the Government indicates that the Ministry of Labour, Social Affairs, and Equal Opportunities has undertaken activities with the social partners to encourage collective bargaining in the private sector. The Government further indicates that a memorandum of understanding was concluded in February 2011 between the Council of Ministers, the employers’ and workers’ organizations and the members of the National Labour Council. The Committee notes the Government’s indication that private employers often fail to file the collective contracts at the labour offices and that therefore the number of collective contracts in the private sector does not reflect the total number of collective contracts that have been concluded. The Committee notes that, in its report, the Government does not provide detailed information on the number of collective agreements concluded in the private sector and the percentage of workers covered. The Committee requests the Government to provide further information on the measures taken and any other measures contemplated to promote collective bargaining in the private sector, as well as the approximate number of collective agreements reached and the sectors concerned or, at least, information on the most relevant collective agreements, indicating the percentage of workers covered.

Draft Labour Code. 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 Government indicates that the draft Code recognizes the right of workers’ representatives to be informed on matters related to collective bargaining and the obligation to hold consultations between them and employers on issues such as workplans and forms of work organization. The Committee 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.

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

Article 5 of the Convention. Law No. 8549 on the status of the civil servant. In its previous comments the Committee had requested the Government to issue the instructions and rules required under articles 4(3) and 20(dh) of Law No. 8549 on the Status of the Civil Servant, in respect of the labour union activities of civil servants and the negotiation of their working conditions. The Committee notes that the Government indicates in its report that so far the rules and instructions on the fulfilment of the requirements of articles 4(3) and 20(dh) have not yet been provided. The Committee once again requests the Government to take all necessary measures for the issuance of the instructions and rules in question, as required by Law No. 8549.

Comments of the CTUA on collective bargaining in the private sector in practice. The Committee previously noted the information provided by the Government on specific measures to promote collective bargaining in the private sector. The Committee notes that the Government indicates that the Ministry of Labour, Social Affairs, and Equal Opportunities has undertaken mutual activities with the social partners to encourage collective bargaining in the private sector, including activities on the presentation of the labour legislation and on collective bargaining for the collective work contracts; the Government has also held a tripartite conference with the social partners in education, agriculture and construction. In addition, since its last report, the Government indicates that there have been 191 collective contracts signed, which cover 24,570 out of 177,490 employees. The Committee requests the Government to take measures in consultation with the workers and employers’ organizations in order to further promote collective bargaining.

Direct Request (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 direct request.

Article 5 of the Convention. 1. Law No. 8549 on the Status of the Civil Servant. In its previous comments the Committee had requested the Government, on the basis of comments made by the CTUA, to issue the instructions and rules required under articles 4(3) and 20(dh) of Law No. 8549 on the Status of the Civil Servant, in respect of the labour union activities of civil servants and the negotiation of their working conditions. The Committee notes from the Government’s report that, in the absence of such rules, the relevant provisions of the Labour Code apply to civil servants. Although the Committee takes note of this information, it once again requests the Government to take all necessary measures for the issuing of the instructions and rules in question, as required by Law No. 8549.

2. Comments of the CTUA on collective bargaining in the private sector in practice. The Committee takes note of the information provided by the Government on specific measures to promote collective bargaining in the private sector. While noting that the Government recognizes the low level of collective bargaining and collective agreements in the private sector, the Committee requests the Government to continue to provide information on specific measures taken or contemplated to promote collective bargaining in the private sector, the number of agreements reached, the percentage of workers covered as well as any sanctions imposed in conformity with article 202(2) of the Labour Code when employers fail to respect their obligation to commence negotiations under article 165(1) of the Code.

3. CTUA comments on collective bargaining with representative trade unions. The Committee notes the information provided by the Government, recalling that, in case of dispute, representative organizations have at their disposal procedures of mediation and conciliation as well as recourse to the courts.

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

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

Article 5. (a) Law No. 8549 on the Status of the Civil Servant. The Committee notes that the instructions required to be issued under article 4(3) of Law No. 8549 on the Status of the Civil Servant in respect of the negotiation of working conditions and the rules required to be issued under Article 20(dh) in respect of the labour union activities of civil servants do not appear to have been issued. The Committee therefore requests the Government to indicate in its next report, the measures taken or envisaged to ensure that the instructions and rules required to be issued under articles 4(3) and 20(dh) respectively are issued and to transmit copies of the instructions and rules when issued.

In the light of the comments of the CTUA/KSSH that certain categories of employees in the public sector such as employees in the customs, taxation and local governance offices (prefectures) etc. are excluded from the application of Law No. 8549, the Committee requests the Government to indicate the measures taken or envisaged to ensure that all categories of public employees and civil servants are afforded the rights guaranteed by the Convention.

(b) Collective bargaining in the private sector. The Committee takes note of the observation of the Government that the level of collective bargaining in the private sector is extremely low. The comments of the CTUA/KSSH indicate that no fines have been imposed under article 202(2) of the Labour Code directly on employers who have failed to respect their obligation under article 165(1) of the Code to commence negotiations with the concerned employees’ organization. The Committee therefore requests the Government to furnish, in its next report, information on the specific measures taken or envisaged to encourage collective bargaining in the private sector. The Committee also requests the Government to provide information on the role of the National Labour Council in this regard. The Committee further requests the Government to furnish information in respect of the collective contracts entered into in the private sector in the reporting period and the number of employees covered and also in respect of the imposition of the sanctions prescribed in article 202(2) of the Labour Code on employers who have failed to respect their obligation under article 165(1) of the Code.

(c) Collective bargaining in practice. In the light of the comments of the CTUA/KSSH that employers sometimes arbitrarily determine with which union to enter into collective contracts, and the observations of the Government that the process of implementation of collective contracts is still a big concern, the Committee requests the Government to indicate the measures taken or envisaged to ensure that in practice, collective contracts are entered into with representative unions and that employers adhere to the obligations imposed on them by collective contracts entered into by them.