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

Albania

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2004)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2007)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee notes that the Government report does not contain a reply to the previous request. The Committee further notes that, according to the labour inspection report, 2,506 administrative measures were imposed in 2023, representing about 25 per cent of the inspected subjects. Among these, 1,115 were suspension measures (44 per cent) for the flagrant violation of labour relations and safety at work, 1,243 were warnings (50 per cent) and 148 were fines (6 per cent). The labour inspection report also indicates that the administrative measures were adopted during the following types of inspections: 1,759 during scheduled inspection (21 per cent in relation to the total scheduled inspections), 199 during thematic inspections (23 per cent in relation to the total thematic inspections), 165 during inspections following an accidents (76 per cent in relation to the total of such inspections) and 107 during random inspections (145 per cent in relation to the total of random inspections). The Committee notes the Government’s indication that the Fines Matrix (MPS) is a system that assists labour inspectors in ensuring unified decision-making according to legal provisions. This system considers and processes information from 3,200 legal requirements and, based on the subject’s violation history, proposes the penalty measure prescribed by law with the principle of proportionality. With regard to the execution of the administrative measures, the labour inspection report for 2023 indicates that there were 49 appeals against inspection decisions which led to 43 being left in force, 6 decisions being changed (in 5 cases the measure was changed from a fine to a warning and in one case the fine was reduced) and there has been no cancellation of inspection decisions from the appeal body. In terms of execution of fines, the report indicates that 41 per cent of the fines for 2023 have been liquidated, amounting to 11,730,000 Albanian Leks (approximately US$130,000). The Committee notes that the number of fines imposed is still low in comparison to the number of administrative measures adopted. The Committee requests the Government to take the necessary measures to ensure that adequate penalties for violations of the legal provisions enforceable by labour inspectors are effectively enforced. The Committee requests once again that the Government provides detailed information on the number of prosecutions, the number and nature of fines imposed, the outcomes of the judicial appeals of inspection decisions and the percentage of violations detected during unscheduled and scheduled inspections respectively.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes with concern that, for the second consecutive time, the Government did not provide a reply to the Committee’s previous request. The Committee further notes that, according to the information on the application of Conventions Nos 81 and 129 supplied by the Government to Committee on Application of Standards (CAS) of the International Labour Conference, in May 2024: (i) labour inspectors have the status of civil servants and benefit from all the rights and obligations that come from this status; (ii) labour inspectors do not have any special treatment in salary or working conditions, despite the difficulties and the complexity of their tasks; (iii) in terms of salary, labour inspectors, like all public administration employees, received a significant salary increase for all categories in 2023. However, no additional increase in salary to address work-related difficulties has been approved yet; (iv) there is an ongoing discussion on the possibility of such increase, reflecting the Ministry of Economy, Culture and Innovation’s will to approve this right for labour inspectors, as already applied to other inspectorates; and (v) the Government has initiated a reform of the inspectorates in the country, with the status of the inspector being one of the most important topics under discussion. The Committee urges once again the Government to adopt the necessary measures in order to ensure that labour inspectors are provided with the status and conditions of service that are such to assured stability of employment and independence of changes of government and of improper external influences. The Committee urges the Government to provide information on any progress made to improve the conditions of service of labour inspectors and on the results achieved. The Committee once again requests the Government to strengthen its efforts to ensure the availability of comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of Government employees exercising similar functions, such as tax inspectors or police officers, and to provide detailed information in this regard.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129.Staffing and material means of the labour inspection services. The Committee notes with concern that, for the second consecutive time, the Government did not provide a reply to the Committee’s previous request. The Committee further notes that, according to the information on the application of Conventions Nos 81 and 129 supplied by the Government to the CAS, in May 2024: (i) the organization of staff resources and distribution of local offices are based on the size and geographical distribution of enterprises; (ii) according to the ILO Regional Peer Review Report of Labour Inspectorates, the current number of inspectors in Albania is deemed insufficient to cover all legal entities subject to inspection and to ensure an adequate and frequent presence to properly supervise legislative compliance; (iii) transportation remains an unresolved issue because the number of official vehicles assigned to labour inspectors when required for field visits is insufficient; and (iv) there is plan to purchase new cars in 2024 and 2025. The Committee further notes that, according to the 2023 labour inspection report, the structure of the labour inspectorate includes 165 labour inspectors’ posts, of which 22 are vacant. The Committee once again urges the Government to take the necessary measures to ensure that: (i) the labour inspectorate has a sufficient number of inspectors to ensure the effective discharge of labour inspection duties; (ii) the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the labour inspectorate, by providing it with adequate staffing and material means, such as suitably equipped offices and necessary transport facilities. The Committee urges the Government to provide detailed information on the progress achieved in this respect.

Articles 12(1) and 16 of Convention No. 81 and Articles 16(1) and 21 of Convention No. 129. Right of inspectors to enter freely any workplace and undertaking of inspections as often and as thoroughly as is necessary. The Committee notes with concern that once again the Government does not provide information on the measures taken to amend sections 26 and 27 of the Law No. 10433 of 2011 on inspection which, as noted in its previous comment, restrict the free initiative of inspectors by providing that “off-programme” inspections may only be carried out in prescribed situations and by requiring a formal authorization to inspect, issued by the Chief Inspector or the chief inspector of the territorial branch. The Committee notes that, according to the labour inspection report, in 2023 there were 8,254 scheduled inspections, 848 thematic inspections, 544 inspections due to complaint, 74 random inspections and 218 inspections due to an occupational accident. The Committee urges the Government to adopt the necessary legislative measures to ensure that labour inspectors are empowered to enter workplaces liable to inspection freely and without previous notice in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. In addition, the Committee renews its request for the Government to provide information on any disciplinary measures imposed on labour inspectors related to the procedures for the authorization of inspection under the Law on inspection. The Committee also requests that the Government continues to provide information on the number of scheduled and unscheduled inspections.

Matters specifically relating to labour inspection in agriculture

Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129.Labour inspection activities in agriculture. The Committee notes that the Government did not provide a reply to the Committee’s previous request. The Committee notes that, according to the 2023 labour inspection report, 94 inspections in 2022 (out of 10,154) and 59 inspections in 2023 (out of 9,938) were carried out in the agricultural sector. Noting once again that the percentage of the inspection visits carried out in agriculture continues to be low, the Committee once again requests the Government to strengthen its efforts to ensure the enforcement of laws and regulations in agriculture, including with respect to OSH, and to continue to provide information on the number of inspections carried out in that sector. Noting the absence of information on this matter, the Committee also requests the Government to provide information on measures undertaken or envisaged to ensure that training is provided to labour inspectors on agriculture-related subjects, and on any progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.