Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Albanie (Ratification: 2007)

Article 1 of the Convention. Other members of the immediate family. The Committee recalls that section 9(b) of the Law on Gender Equality in Society refers to “disabled members of the family, due to their age, physical and mental disabilities or other causes of disability” in the context of special measures for workers with family responsibilities. It notes the Government’s indication that care services which are provided for persons with disabilities also benefit caretakers. The Committee asks the Government to provide information on the measures taken or envisaged to promote the application of the provisions of the Convention, including its application to “other members of their immediate family who clearly need their care or support”, including information on the practical application of section 9(b) of the Law on Gender Equality in Society.

Article 3. National policy. The Committee recalls that sections 1, 12 and 17 of the Law on Protection from Discrimination of 2010 prohibit discrimination in employment and education on a wide range of grounds including gender, pregnancy, parentage, parental responsibility, family or marital condition. The Committee notes that the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, and the Action Plan for its implementation were adopted in June 2011. It also notes the Government’s indication that activities to be undertaken during 2012–15 under this Action Plan include: (i) drafting policies for flexible working time, shortened working week, work sharing, and working from home, as well as awareness-raising activities; (ii) enhancing the availability by increased investments in the network of pre-school institutions; (iii) developing part-time employment policies for economically disadvantaged women; and (iv) drafting wage subsidy programmes for certain categories of women, including women who are heads of households. The Committee asks the Government to provide information on the legal and practical measures taken to implement sections 1, 12 and 17 of the Law on Protection from Discrimination. Please also provide information on the specific measures taken or envisaged under the National Strategy on Gender Equality and Domestic Violence 2011–15 and the Action Plan, with a view to enabling men and women with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities.

Article 4. Leave entitlements. The Committee recalls the legislative provisions concerning leave entitlements (maternity leave, adoption leave and leave for taking care of dependent children), part-time work and work at home which would enable workers with family responsibilities to reconcile work and family. The Committee notes the Government’s indication concerning survivor pension benefits pursuant to the Law on Social Insurance of 1993. The Government also indicates that amending the Labour Code and the social security legislation to include a right to parental leave for a newly born child both for men and women has become an objective under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15. The Committee asks the Government to provide information on the following:

• (i)the practical application of leave for taking care for dependent children, working part time or at home, including statistical data, disaggregated by sex, on the number of men and women with family responsibilities exercising these options;
• (ii) measures regarding leave arrangements for other members of the immediate family who clearly need care or support; and
• (iii) any measures taken or envisaged in the area of social security.

Recalling that adoption leave is only granted to adopting mothers, the Committee asks the Government to examine the possibility of extending adoption leave to both adoptive parents. It also asks the Government to provide information on the progress made in amending the Labour Code and the Law on Social Insurance, so as to also allow the father of a newborn child to benefit from social insurance benefits.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that social care institutions for children with disabilities started to provide home-based services in Vlora, Shlodra and Tirana. It also notes the Government’s indication that pursuant to Law No. 10399 of 17 March 2011 amending Law No. 9355 of 2005 on social assistance and social services, local governments are encouraged to take initiatives for establishing social services by using 3 per cent of the social protection fund provided by the state budget. The Committee asks the Government to provide information on the measures taken to establish adequate and sufficient public and private childcare services in urban and rural areas, with an indication of the number of children and workers with family responsibilities that have benefited from these services. The Committee also asks the Government to provide information on the number and nature of family services and facilities other than childcare to assist workers in reconciling their work and family responsibilities with respect to dependents other than children. The Committee further asks the Government to supply information on any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning, in accordance with Article 5(a) of the Convention.

Article 6. Information and education. The Committee notes the Government’s indication that training sessions on gender equality continued during 2009–11, targeting central and local government officials, education staff and legal professionals, among others. The Government also indicates that under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, awareness-raising campaigns on the issues covered by the Convention, with the cooperation of the social partners, are also planned. The Committee requests the Government to continue to provide information on the measures taken to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women and of the problems encountered by workers with family responsibilities, and on the impact of these activities on public opinion.

Article 7. Vocational guidance and training. The Committee notes that the Government’s report does not contain information on vocational guidance and training specifically targeted at enabling workers with family responsibilities to become and remain integrated in, as well as to re-enter, the labour market. The Committee asks the Government to take steps to provide information on measures taken to enable workers with family responsibilities to participate in vocational guidance and training. It also asks the Government to collect and provide statistical information on the number of male and female workers with family responsibilities participating in the vocational guidance and training programmes offered.

Article 8. Protection against dismissal. The Committee recalls that section 17(2) of the Law on Gender Equality in Society prohibits discrimination against a candidate in the job selection process or dismissal of an employee from work because of maternity, potential pregnancy in the future, pregnancy, parental responsibilities, civil status, or family responsibilities. It also recalls that section 107(a) of the Labour Code prohibits termination of employment in the period during which a woman benefits from social insurance because of giving birth to a child or adoption, and that pursuant to section 146(1)(c) of the Labour Code, the termination of an employment contract for motives that relate to civil status, family obligations and pregnancy is considered unjustified dismissal. The Committee notes the Government’s indication that there have been no cases of termination on the ground of family responsibilities. The Committee asks the Government to continue to provide information on the practical application of section 17(2) of the Law on Gender Equality in Society and sections 107(a) and 146(1)(c) of the Labour Code, including relevant administrative or judicial decisions concerning dismissal on the ground of family responsibilities, and their outcome.

Article 11. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government repeats that workers’ and employers’ organizations exercise their right to participate in defining and implementing measures giving effect to the Convention through their participation in discussions in the process of drafting legislation and policies concerning gender equality. The Committee asks the Government to provide specific information on the manner in which employers’ and workers’ organizations participate in developing and applying specific measures designed to give effect to the provisions of the Convention.

Parts III, IV and V of the report form. The Committee recalls that the State Labour Inspectorate shall ensure the implementation of the relevant legislation, and that the Commissioner for Protection from Discrimination is entrusted with monitoring the implementation of the Law on Protection from Discrimination. It also recalls that the National Council on Gender Equality and the Ministry of Labour, Social Affairs and Equal Opportunities are responsible for implementing the legislation and state policies on gender equality. The Committee asks the Government to gather and supply information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, including the following:

• (i) extracts from reports, studies or inquiries relevant to the matters covered by the Convention;
• (ii) statistics on workers with family responsibilities in employment;
• (iii) the manner in which the Ministry of Labour, Social Affairs and Equal Opportunities, the National Council of Gender Equality and the Commissioner on the Protection from Discrimination ensure or supervise the application of the measures aimed at giving effect to the Convention, through labour inspection, advisory services or otherwise; and
• (iv) relevant judicial or administrative decisions involving questions of principle regarding the application of the Convention.