Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre el trabajo nocturno, 1990 (núm. 171) - Albania (Ratificación : 2004)

Article 1(b) of the Convention. Definition of “night worker”. While noting the definition of the term “night work” in section 80(1) of the Labour Code to mean work carried out between 10 p.m. and 6 a.m., the Committee requests the Government to consider adopting a definition of the “night worker” along the lines suggested in this Article of the Convention.

Article 4. Health assessment and advice for night workers. The Committee notes the Government’s reference to paragraph 16 of the Instruction of the Ministers of Labour and Social Affairs and of Health No. 2 of 25 June 2004 concerning the implementation of the Decision of the Council of Ministers No. 742 of 6 November 2003 on additional measures for occupational health and safety protection, which requires regular medical examinations of workers to be undertaken every 12 months, or every six months for those employed in hazardous or dangerous occupations. For this latter group, paragraph 17 of the Instruction provides for special medical monitoring to be carried out by the company physician. The committee also notes that under sections 12/1 and 12/2 of the Decision of the Council of Ministers No. 692 of 13 December 2001 concerning special measures for the protection of occupational safety and health, a company physician is required in all establishments employing more than 15 workers as well as in all establishments dealing with hazardous or dangerous substances regardless the number of workers. No specific reference is made, however, to night work or night workers. The Committee therefore requests the Government to explain how effect is given to this Article of the Convention.

Article 5. Medical service for night workers. The Committee notes the Government’s reference to section 75(2) and (3) of the Labour Code, which requires first aid equipment in every workplace and at least one worker in each group of an establishment to be trained to provide first aid. With respect to the arrangements for appropriate urgent medical treatment, the Committee notes section 2/4 of Decision No. 692 which prescribes the functions of the company physician but no provision is made for special arrangements whereby night workers can be taken quickly to a medical institution, if necessary. The Committee therefore requests the Government to explain how effect is given to this requirement of the Convention.

Article 6. Treatment of workers medically unfit for work. The Committee notes that section 101 of the Labour Code prohibits night work for those recognized as invalids on the basis of a medical report and in accordance with the law on social insurance, but there is no provision for their transfer to a similar day job (when they are fit for day work) or entitling them to the same sickness, disability or unemployment benefits as daytime workers (when they are not fit for day work). Nor does the Labour Code appear to contain any provisions concerning the protection against dismissal of night workers temporarily unfit for night work, which is also required. The Committee therefore requests the Government to explain how effect is given to this Article of the Convention.

Article 7. Maternity protection. The Committee notes that section 11 of Decision No. 692 provides that employers are under an obligation to protect pregnant women and breastfeeding mothers when a potential impact on pregnancy or their breast milk is observed. To this end, they must take measures to avoid exposure of the persons concerned to such risks, improve their working conditions and eventually transfer them to another position. However, these obligations are specific to protection against harmful agents or chemicals and do not meet the specific requirements of the Convention, i.e. an alternative to night work available to women workers for a period of at least 16 weeks, of which at least eight weeks before the expected date of childbirth, protection against unfair dismissal during the same period, and maintenance of their income and their benefits regarding status, seniority and access to promotion. As none of these requirements appears to be provided for in the national legislation, the Committee requests the Government to explain how effect is given to this Article of the Convention. The Committee also requests the Government to provide copies of the special rules of the Council of Ministers provided for in sections 104(2) and 108(2) of the Labour Code.

Article 9. Social services. Further to its previous comment, the Committee requests the Government to explain how it is ensured that establishments provide night workers with appropriate social services, and recalls that guidance in this respect is provided in paragraphs 13–18 of the Night Work Recommendation, 1990 (No. 178).

Article 10. Consultation with the social partners on protective measures. The Committee again requests the Government to explain how it is ensured in law and in practice that regular consultations take place at the enterprise level between the employer and the representatives of workers regarding the organization of night work and required occupational health measures and social services.

Part V of the report form. Practical application. The Committee notes the Government’s indication that, as of January 2011, the labour inspection services have begun collecting statistical data on night work. The Committee requests the Government to continue providing up-to-date information concerning the practical application of the Convention, including, for instance, statistics on the number of workers employed at night, the sectors of economic activity concerned, copies of any collective agreements which contain clauses on night work, and labour inspection results showing the number of any infringements of the labour legislation in respect of night work.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working-Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part-time and night work, remain relevant in the 21st century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.