Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 150) sur l'administration du travail, 1978 - Albanie (Ratification: 2002)

Articles 1 and 4 of the Convention. Organization and effective operation of the labour administration system. 1. Ministry of Social Welfare and Youth. The Committee previously noted that the Ministry of Labour, Social Affairs and Equal Opportunities (MoLSAEO) was the main competent administrative body for the implementation of the labour legislation. In this regard, it notes the information from the Government’s website that the State Labour Inspectorate (SLI) and the National Employment Service are now both under the jurisdiction of the Ministry of Social Welfare and Youth. The Committee asks that the Government provide information on the manner in which the system of labour administration is organized in the country, including the organizational structure of the Ministry of Social Welfare and Youth, its basic departments and functions. It also requests the Government to provide information on the measures taken to ensure the effective operation, and the coordination, of the functions and responsibilities within the labour administration system, in particular between the Ministry of Social Welfare and Youth and its subordinated departments.

2. Coordination of the functions and responsibilities assigned to the labour administration system. The Committee previously noted that, according to an ILO labour inspection audit undertaken in 2009, there was a certain duplication of the functions of the SLI with other state agencies. This labour inspection audit also underlined the lack of cooperation between the SLI, the state sanitary inspectorate (SSI) and the Public Health Institution. Though a formal agreement was signed between the MoLSAEO and the Ministry of Health, to ensure cooperation between the SLI and the SSI in the field of occupational safety and health inspections, in practice the cooperation remained weak.

The Committee notes the information in the labour inspection country profile of Albania, published on the website of the ILO in March 2013, that several agreements have been concluded between the SLI and other institutions such as the Ministry of Health, the SSI, the Public Health Institution, the environmental protection inspectorate, the mining inspectorate and the tax authorities. The Committee requests the Government to provide information on measures taken to ensure coordination between the various bodies within the labour administration system, including steps taken to foster the exchange of information and relevant data between the SLI and other governmental institutions.

Article 3. Matters of national labour policy regulated through direct negotiations between employers’ and workers’ organizations. The Committee notes the adoption of the Decent Work Country Programme (DWCP) of Albania 2012–15, which was developed through a participatory process with the involvement of the tripartite constituents. It notes that one of the specified outcomes of the DWCP is that national law and practice enable the use of collective bargaining on a large scale in both the public and private sectors as the means for establishing working conditions and terms of employment. The Committee asks the Government to provide information on any activities in the field of national labour policy which are regulated through direct negotiations between employers’ and workers’ organizations.

Article 5. Tripartite consultation, cooperation and negotiation within the labour administration system. The Committee previously noted that, according to the 2009 labour inspection audit, the tripartite National Labour Council (NLC) operates only at the central level and that trade unions would like to see the establishment of district and regional level labour councils, as social dialogue is missing at these levels, especially in the field of occupational safety and health.

The Committee notes the statement in the programme document of the DWCP 2012–15 that, after a period of problematic operation, the NLC returned to regular meetings. In addition, one of the three priorities for the DWCP 2012–15 is to strengthen the capacity of government institutions and the social partners to improve the governance of the labour market. Assistance had been provided by the ILO towards strengthening the role of the NLC, and through ILO support to the SLI, the partnership among the labour inspectorate, workers’ and employers’ organizations was strengthened in three regions. The Committee asks the Government to provide information on the activities of the NLC and the impact of its work. It also requests that the Government provide information on further measures to strengthen cooperation between the SLI and the social partners. In addition, the Committee requests information on measures taken to secure tripartite consultation, cooperation and negotiation at the regional and local levels, and at the level of the various economic sectors.

Article 6(2)(a) and (b). Development of a national employment policy study and the review of the situation of the employed, unemployed and underemployed. The Committee notes the information in the Government’s report concerning the National Employment and Skills Strategy 2014–20 and measures to promote the employment of young persons, recently returned nationals, members of the Roma community and persons with disabilities, as well as regarding the manner in which labour market statistics are collected and analysed. It refers, in this regard, to its comments made under the Employment Policy Convention, 1964 (No. 122) in 2013.

Article 7. Extension of the functions of the system of labour administration. The Committee requests the Government to provide information on any measures taken or envisaged, when national conditions so require, to promote the extension of the functions of the labour administration system so as to include categories of workers that the law does not treat as employed persons, such as self-employed workers and workers in the informal economy.

Article 10(1). Recruitment, conditions of service and training of the staff of the labour administration system. The Committee notes the information provided by the Government on vocational and professional training, but observes that the Government’s report does not refer specifically to training provided to labour administration staff. The Committee asks the Government to provide information on the training provided to labour administration staff (including content, frequency and number of participants), as well as on the status and conditions of service of these staff.