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

Albania

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2004)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2007)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos. 81 (labour inspection) and 129 (labour inspection in agriculture) together.

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

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

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

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

Matters specifically relating to labour inspection in agriculture

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

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

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