Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 95) sur la protection du salaire, 1949 - Albanie (Ratification: 2001)

The Committee notes the Government’s report and wishes to draw attention to the following points.

Article 2 of the Convention. Scope of application. The Committee recalls its previous comment in which it requested the Government to specify the categories of workers who are currently excluded from the scope of application of the Labour Code under the terms of section 4. In the absence of a reply on this point, the Committee again asks the Government to indicate any categories of workers who may be exempted from the protective coverage of the Labour Code and to explain how it is ensured that the earnings of those workers are adequately protected in accordance with the requirements of this Convention.

Article 4. Partial payment of wages in kind. The Committee notes that section 118(2) of the Labour Code authorizes the payment of wages in kind only within the limits set by decision of the Council of Ministers. Recalling that the Convention requires specific provisions to ensure that the goods and services which may be offered in lieu of cash wages are appropriate for the personal use and benefit of the worker and his/her family and that they are valued fairly, the Committee would appreciate receiving a copy of any relevant decision which may have so far been adopted by the Council of Ministers. In this connection, the Committee draws the Government’s attention to paragraphs 104–160 of its 2003 General Survey on the protection of wages, which offer guidance concerning possible ways in which legislative conformity with this Article of the Convention may be ensured.

In addition, the Committee recalls that the Convention specifically requires the partial payment of wages in kind to be regulated only by national law or regulation, collective agreement or arbitration awards, and not individual agreement. It therefore considers that section 118(2) of the Labour Code is not fully consistent with the Convention to the extent that it permits allowances in kind to be negotiated and agreed upon by the employer and the worker. The Committee requests the Government to take the appropriate action in order to bring the national legislation into line with the requirements of the Convention in this respect.

Article 7. Works stores. The Committee notes the Government’s indication that the national legislation does not permit enterprises to sell their products to their employees. The Committee observes, however, that by “works stores” the Convention refers to company stores owned or operated by the employer for the sale of any commodities to the workers and not only of the enterprise’s own manufactured products (for instance shops selling clothing, food, household articles, etc.). Recalling that the intention behind this Article of the Convention is to protect the workers’ freedom to make use of such stores or services at their sole discretion and also to ensure that goods or services are provided at fair and reasonable prices for the benefit of the workers concerned, the Committee would be grateful if the Government would specify whether any such arrangements exist and, if so, how their operation is regulated in law and practice.

Article 10. Assignment of wages. The Committee has been requesting the Government to clarify whether the national legislation regulates the notion of assignment of wages, that is to say, the possibility for an indebted worker to agree with the competent judicial or administrative authorities upon a voluntary arrangement whereby part of his/her wages are paid directly to the creditor in settlement of his/her debts. Even though the attachment of wages, i.e. the withholding of part of the worker’s wages by the employer in application of a court order, is permitted within the limits set out in section 123 of the Labour Code, it is not clear whether similar provisions exist for the assignment of wages. The Committee requests the Government to supply additional explanations in this regard.

Article 13. Time and place of payment of wages. Further to its previous comment on this point, the Committee recalls that the Labour Code, as it currently stands, does not give effect to this Article of the Convention since it does not provide for the payment of wages on working days only and at or near the workplace nor does it contain any provision expressly prohibiting the payment of wages in taverns, similar places of amusement, or commercial shops. Even though the provisions of this Article of the Convention may appear less relevant today in view of the increasing use of non-cash methods of payment of wages, such as direct bank transfers, the Committee considers that they still offer protection to large numbers of workers, especially rural workers, to whom electronic means of payment are yet unknown. It therefore requests the Government to take appropriate action in order to align its legislation with the requirements of the Convention in this regard.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report up to date information on the application of the Convention in practice, including, for instance, extracts from reports of the labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, any difficulties encountered in the regular payment of wages either in the public or the private sector as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.