Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 175) sur le travail à temps partiel, 1994 - Albanie (Ratification: 2003)

The Committee notes with interest the Government’s first two reports on the application of the Convention.

Article 4 of the Convention. Protection of part-time workers’ rights in matters of freedom of association, occupational safety and health and non‑discrimination. The Committee notes section 14(2) of the Labour Code which provides in general terms that part-time employees enjoy the same rights as full-time employees. The Committee would be grateful if the Government would indicate how it is ensured in law and practice that part-time workers enjoy the same protection with comparable full-time workers specifically in matters of freedom of association, occupational safety and health, and non-discrimination, as required under this Article of the Convention. In this connection, the Committee requests the Government to indicate whether any express provisions on part‑time workers’ rights are to be found in laws or regulations regarding trade union activities, protection of work environment and anti-discrimination and, if so, to transmit copies of any relevant texts which may not have been previously communicated to the Office.

Article 8, paragraph 1. The Committee notes that part-time workers working less than 24 hours per week do not enjoy social security coverage. However, there is no indication in the Government’s report that part-time workers irrespective of the number of hours performed per week are entitled to employment injury benefits, as prescribed by this Article of the Convention. The Committee therefore requests the Government to clarify how it is giving effect to this provision of the Convention. In addition, the Committee would appreciate receiving a copy of the decision of the Cabinet of Ministers No. 167 of 29 March 2006 to which reference was made in the Government’s report.

Article 8, paragraph 2. Percentage of part-time workers excluded from scope of social security scheme. While noting the Government’s statement that there are no statistics concerning the number of part-time employees working less than 24 hours per week, the Committee requests the Government to provide an indication as to the approximate number of part-time workers who would presently be excluded from the statutory social security system and also to describe the measures it intends to take to ensure the collection of reliable statistics on the incidence of part-time work in the country.

Article 8, paragraphs 3 and 4. Threshold below which part-time workers are excluded from social security coverage. The Committee requests the Government to specify whether the most representative organizations of employers and workers were duly consulted prior to the establishment of the 24-hour-per-week threshold and also to indicate whether any consideration is given to the possibility of extending the protection to the part-time workers currently excluded from the coverage of the social security system.

Articles 9 and 10. Measures to facilitate access to part-time work. The Committee notes the Government’s indication that as from 2009 new initiatives will be undertaken to promote part-time work and adapt accordingly the labour legislation. The Committee requests the Government to provide in its next report detailed information on the announced initiatives and eventually the legislative changes in respect of part-time work. It also requests the Government to supply information on any specific measures taken or envisaged to address the needs of such groups as the unemployed, disabled workers or workers undergoing education or training as well as the results of any official study concerning the extent to which part-time work responds to the economic and social needs of both employers and workers.

Article 11. Means of implementation. The Committee requests the Government to specify whether any collective agreements, either at the industrial sector or at the branch level, contain specific clauses regulating part‑time work and, if so, it would appreciate receiving copies of those texts.

Part V of the report form. The Committee notes that the Government has not included in its reports any statistical information on the overall number of part-time workers or on such other attributes as their age or gender. It would therefore be grateful if the Government made an effort to collect and provide in its next report general information, including statistics, on the application of the Convention in practice and the relative importance of part-time work for the national economy.