Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Albania (Ratification: 1997)

Article 1(1)(a) of the Convention. Burden of proof. Harassment. The Government indicates in its report that, by virtue of article 32.5 of the Labour Code, in case of harassment the burden of proof falls on the person to whom the complaint is addressed "to prove that his/her actions were not aimed at harassment, as well as to show the objective elements, which are not related to harassment or disturbance". The Government indicates that the court assesses harassment on a case-by-case basis taking into account the duty and function of the employee, the nature of his work, traditions and customs, the meaning of certain actions in that city/area and considers the severity of the harassment of the employer or any other employee. The Committee would like to recall that the lack of intent or the existence of intent should not be relevant in harassment issues. It also highlights that the shift of the burden of proof is a useful means of correcting a situation of inequality where, in cases related to equality and non-discrimination, much of the information needed is in the hands of the employer (see 2012 General Survey on the fundamental Conventions, paragraph 885). The Committee recalls that it is not clear, under national legislation, who has the burden to prove that the employer took the necessary steps to have a working environment free from harassment. The Committee asks the Government to clarify: (i) who has the burden to prove that the employer took or did not take all necessary measures to have a harassment-free working environment; (ii) whether acts committed without intentionality may constitute harassment; and (ii) what is considered to be an "objective element which is not related to harassment or disturbance".

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee takes note of the information provided by the Government that: (1) three Active Labour Market Programmes were revised to take into account procedures and additional benefits for unemployed jobseekers with additional vulnerabilities; (2) the implementation of the National Employment and Skills Strategy (NESS) 2014–22 improved thanks to the comprehensive monitoring and evaluation of all institutions implementing employment and vocational education and training (VET) policies; and (3) the National Agency for Employment and Skills (NAES) has concluded agreements with the Agency for Delivery of Integrated Services in Albania (ADISA) and Local Government Units to expand the coverage of employment services. The Government further provides statistical information on the participation of women in Active Labour Market Programmes from 2018 and June 2021.

The Committee observes that according to the NESS 2014–22 Progress Report for 2022: (1) despite some progress made, gender inequality in employment continues to represent a challenge; (2) policy measures were adopted to promote equality for women when accessing employment, up-skilling and re-skilling opportunities, such as allowances for childcare and transport, the provision of scholarships for girls enrolling in vocational education and training, particularly on non-tradition trades, and efforts to collect, analyse and report gender-disaggregated data; and (3) data indicators on labour force participation, employment and unemployment rates and gender wage gaps are periodically monitored and integrated in the planning and implementation of further measures. The Committee further notes that: (1) the National Employment and Skills Strategy 2023–30 recognizes the need to adopt further measures to address the underlying causes of gender inequality in employment, and that, despite being reduced considerably in recent years, the informal economy constitutes a complex problem, particularly in the sector of agriculture and activities in rural areas; (2) the same Strategy includes, among its objectives, priority measures to enhance women's inclusion in the labour market; and (3) the National Strategy for Gender Equality (NSGE) 2021–30 includes among its objectives the reduction of barriers keeping women away from the labour market and decent work, including in non-traditional work for women. The Committee further takes note that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern the high unemployment rates among rural women, as well as the concentration of women in informal jobs and their presence in sectors with low pay and unfavourable terms and conditions of work. The CEDAW recommended to enhance the access of women to formal employment and extend social protection schemes to women employed in the informal economy (CEDAW/C/ALB/CO/5, 14 November 2023, paragraphs 33 and 34). The Committee asks the Government to provide information on the measures adopted under the NESS and the NSGE 2021–30 to: (i) increase women's participation in the labour market and address the barriers they face to access employment and occupation, particularly women in rural areas and in the informal economy; and (ii) address horizontal and vertical occupational gender segregation and promote women's access to the formal labour market and, in particular, to a wider range of job opportunities including higher-level and higher-paid occupations, as well as in sectors in which they are currently absent or under-represented. The Committee also requests the Government to provide information on the impact of such measures in women's labour participation and, in this regard, encourages the Government to provide statistical data on the employment of women in the different sectors and economic activities in the country.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee takes note of the information provided by the Government on diverse measures adopted by the NAES to promote the employment and the provision of tailored employment services to unemployed jobseekers, including Roma people, as well as to raise awareness on good practices, labour rights and success stories that include marginalised communities. The Government further points at the adoption of measures to facilitate access by adults to part-time basic education and high school if they have not completed it, including Roma and Egyptians. The Committee notes the adoption of the National Action Plan for Equality, Inclusion and Participation of Roma and Egyptians in the Republic of Albania (NAPEIPRE) 2021–25, which sets out several challenges to achieve equality of opportunities and treatment for Roma people and Egyptians to access and remain in employment and occupation. The Committee observes that the NAPEIPRE 2021–25 includes, among its objectives: support to an inclusive education system (Specific objective 2) and the provision of equal opportunities for quality and sustainable employment for Roma and Egyptians (Policy Goal 5). The Committee asks the Government to provide information on the specific measures adopted under the NAPEIPRE 2021–25 and under any other strategy or policy to increase the labour participation of Roma and Egyptian people, and in particular to address the underlying causes and barriers that prevent them from enjoying equality and non-discrimination in employment and occupation, such as their low level of education and vocational training and discrimination and stigma. The Committee also asks the Government to provide statistical information on the participation of Roma and Egyptian people in education and the labour market, disaggregated by sex and by sector and economic activity to measure the progress achieved over time.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee asks the Government to provide information on any measures taken or mechanisms available to seek the cooperation of employers’ and worker’s organizations in the promotion of the principle of equality and non-discrimination in employment and occupation.

Article 5. Restrictions on women’s access to employment. Recalling that Decision No. 397 of 20 May 1996, as amended, prohibits work which endangers the health and safety of mother or child, the Committee asks the Government to provide information on: (i) the list of jobs that are currently considered to endanger the health and safety of mother or child, and (ii) the procedures established to regularly review this list with methods that are free from gender bias.

Awareness-raising and enforcement. The Government indicates, in relation to cases of discrimination and sexual harassment, that: (1) from 2018 to August 2021 there were 10 complaints on discrimination, including one on sexual harassment; (2) the low number of complaints is related to the reluctance of employees to report and difficulties for the labour inspection to verify the facts alleged; and (3) the State Labour and Social Services Inspectorate pays particular attention to discrimination and that, during inspection visits, inspectors make sure that conditions for physical, psychological and mental health are optimal to eliminate discrimination in the workplace. The Government further mentions that the People's Advocate, in cooperation with the Commissioner for Protection from Discrimination and UNDP Albania, continues to raise the awareness of organizations of representatives of the public administration, the private sector, civil society and trade unions on the promotion of a safe work environment, and that the establishment of political and procedural documents against harassment and sexual harassment is being discussed in various public institutions and private entities. The Committee recalls that in its previous comments it had noted the lack of reporting on sexual harassment cases, and that it had observed that the position of women in society, the lack of knowledge and awareness, and the lack of trust in institutions were reported to be among its causes. The Committee further notes that, according to article 32.6 of the Labour Code, complainants, and whistle-blowers in cases of harassment should not be penalized, dismissed or discriminated against. The Committee asks the Government to provide information on: (i) the number, nature and outcome of cases of discrimination in employment and occupation (based on race, colour, sex, religion, political opinion, national extraction or social origin) examined by the Labour Inspectorate and other competent authorities; (ii) the application of articles 32.5 and 32.6 of the Labour Code in practice for cases of sexual harassment, including through examples of judicial decisions; and (iii) any other measures taken to facilitate access to enforcement mechanisms in cases of discrimination in employment and occupation (for instance, protection against reprisals, measures to facilitate the presentation of complaints, and the shift of the burden of proof). The Committee also asks the Government to provide information on the measures taken to ensure that employers’ and worker’s organizations are made aware of the principle of equality and non-discrimination in employment and occupation.