Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive and coherent view of the measures taken by the Government in the field of employment policy and labour market institutions, the Committee has decided to examine together the application of Conventions Nos 88 (Employment Service), 122 (Employment Policy) and 181 (Private Employment Agencies). These Conventions form an interrelated normative framework aimed at promoting full, productive and freely chosen employment through coordinated measures on employment policy, public and private employment services, and labour market intermediation. Convention No. 122 establishes the overarching obligation to pursue an active employment policy, while Convention No. 88 provides the institutional foundations for public employment services as a key instrument for implementing such policy. Convention No. 181 complements this framework by recognizing the role of regulated private employment agencies in facilitating labour market functioning and access to decent work, under conditions ensuring the protection of workers’ rights and coordination with public employment services.

Employment policy

Articles 1 to 3 of Convention No. 122. Implementation of an active employment policy. Employment trends. Consultation with social partners. The Committee notes the information provided by the Government concerning the employment measures taken in 2023–24 to enhance employability, with particular reference to groups vulnerable to decent work deficits, including young persons, persons with disabilities, and persons belonging to the Roma and Egyptian communities. It also notes the measures reported to strengthen the policy and delivery framework for active labour market measures during 2023–24. In particular, the Government refers to: (i) changes adopted to simplify procedures for employers participating in employment promotion programmes; (ii) a Council of Ministers’ decision on social reintegration to coordinate counselling, self-employment and vocational training for disadvantaged groups; (iii) the rollout, in 2023, of an IT skills and coding programme, with budgetary support covering part or all of participants’ costs; and (iv) approval, in 2023, of procedures for a Youth Guarantee work placement scheme envisaging on-the-job training of three to six months. The Government indicates that, during the reporting period, developments in the labour market have been positive and have continuously recovered after the downturn in economic activity caused by the COVID-19 pandemic. With respect to employment outcomes, 27,651 individuals were placed in employment in 2023, including 14,537 women, 9,340 young persons not in employment, education or training (NEET), 2,820 beneficiaries of economic assistance and 1,032 persons belonging to the Roma and Egyptian communities. The Committee notes that registered unemployment decreased from 82,921 in 2020 to 76,580 in 2023, while the average number of unemployed jobseekers with disabilities rose from 604 to 1,604 during the same period. According to ILOSTAT, overall unemployment stood at 10.7 per cent in 2023, with 25.4 per cent for youth unemployment. The Committee notes from the Decent Work Country Programme 2023–26 that the country’s labour market challenges include low labour force participation and high unemployment rates, particularly among youth and women, skills mismatches, and high levels of informality. It further notes from the National Employment and Skills Strategy 2023–30 that, in cooperation with public, non-public and private providers, employment promotion and training programmes will be designed and implemented for vulnerable groups, including youth, persons with disabilities, beneficiaries at a working age from families receiving economic aid, long-term jobseekers, ethnic minorities, and low-skilled and low-educated persons. Against this background, the Committee requests the Government to provide information on how the implementation of the National Employment and Skills Strategy (NESS), the modernization of National Agency for Employment and Skills (NAES), and the regulation of private employment agencies are coordinated to promote full, productive and freely chosen employment. It requests the Government to provide updated information on progress achieved towards these targets since 2023, including the employment and labour force participation rates (overall and disaggregated by sex, age, and region), and to explain how the results are used to adjust policy implementation. In view of the persistently high youth unemployment rate (25.4 per cent in 2023) and the introduction of the Youth Guarantee Implementation Plan (2023–24), the Committee requests the Government to provide detailed information on the number of young persons registered under the Youth Guarantee, the number receiving a quality offer within four months, and the outcomes achieved in terms of sustainable employment, education or training. Please also indicate the budgetary resources allocated to this initiative and its coverage in relation to the national NEET population. The Government is also requested to provide updated information on the nature, scope and impact of measures taken to improve the employment situation of other groups vulnerable to decent work deficits, including women, persons with disabilities, workers belonging to the Roma, Egyptian and other minorities, and those in the informal economy.

Noting that no information was provided on the application of Article 3 of the Convention and recalling the importance of participation by employers’ and workers’ organizations in the design and monitoring of employment policies, the Committee requests the Government to describe the nature and outcomes of consultations held within the National Labour Council and other tripartite forums in relation to the formulation, implementation and review of the NESS 2023–30 and related action plans. It further requests the Government to indicate whether social partner recommendations have led to any specific changes in employment programmes or resource allocation.

Article 2 of Convention No. 122. Vocational education and training. The Committee previously noted that the development and implementation of vocational education and training (VET) is one of the main pillars of the National Employment and Skills Strategy, and requested the Government to provide detailed, updated information on the nature, scope, and impact of the measures taken in VET to better respond to the current and future labour market demands. The Committee notes the Government’s indication that VET programmes remain effective and responsive to labour market needs, with an approach that emphasizes continuous evaluation, adaptation to labour market demands, inclusivity for vulnerable groups, and enhanced employability. The Government indicates that by regularly assessing the impact and effectiveness of VET measures, it can identify strengths and areas needing improvement. This evaluation helps refine curricula, update training methods and adapt to new skills demanded by employers. The Government further indicates that ensuring VET programmes are inclusive of vulnerable groups, such as unemployed jobseekers, Roma and Egyptian communities, and persons with disabilities, through tailored measures that address specific barriers to education and training will enhance their prospects for productive and lasting employment. In light of the emphasis placed in the NESS 2023–30 on skills for the digital and green transitions, the Committee requests the Government to provide detailed information on the measures taken to align VET curricula with identified labour market needs, including through employer participation in skills councils or qualification frameworks. Please include information related to VET graduates, in particular employment rates, retention and wage outcomes within 12 months of graduation, disaggregated by sex and region, and indicate how these findings inform the periodic review of training programmes. The Committee further requests information on the extent to which EU IPA III and projects on skills anticipation and employment services modernization have contributed to capacity-building of the VET system. It also requests clarification on how social partners and civil society representatives participate in the monitoring and evaluation of these initiatives. In addition, the Committee requests the Government to provide information on the manner in which the social partners and other relevant stakeholders are consulted with respect to the development, implementation, monitoring and review of VET programmes.

Employment services

Article 3 of Convention No. 88. Operation of the employment service. The Government indicates that the National Agency for Employment and Skills (NAES) provides services to jobseekers through 12 Regional Directorates and 42 Local Offices, with conditions adapted to labour market needs. In addition to improving in-person services, online services have been expanded, particularly supporting unemployed jobseekers who can now apply for jobs directly through an online employment portal. The Government adds that digitization and online services remain a high priority, aiming to increase access and efficiency, while reducing the need for complicated procedures or physical visits. Individuals can now register as unemployed, apply for vocational training, employment promotion programmes, social benefits, the Youth Guarantee and unemployment benefits entirely online. Employers also benefit from digitalized services, including posting vacancies and online recruitment. In 2023, 16,466 unemployed individuals were newly registered by the employment service, 61,173 vacancies were announced, and 27,651 unemployed jobseekers secured employment. The Committee requests the Government to provide updated quantitative data on jobseekers registered, vacancies notified and placements achieved through the NAES, disaggregated by sex, age, disability status and membership of the Roma and Egyptian communities, and to explain how digitalization has improved access and efficiency.The Committee requests the Government to continue to provide information on the modernization of the public employment service, including the use of online services, and to provide updated data on jobseekers registered, vacancies notified and placements achieved by the employment offices.

Article 6 of Convention No. 88. Activities of the employment service. The Committee previously requested the Government to provide information on the manner in which the employment service is organized to carry out its functions effectively, as well as on progress made in establishing a new information system. The Committee notes the Government’s indication that the NAES offers information, counselling, mediation, promotion of employment, vocational training and financial support during unemployment, based on prior evaluation of the labour market through the collection and analysis of statistical information. Regional employment offices monitor employment promotion programmes and collect data on unemployed persons, unemployment benefit recipients, vacancies and mediation services. The Government reports that, in 2021, a new information system was introduced, enabling innovations such as profiling and categorization of jobseekers, automatic mediation, and the development of individual employment plans, with real-time links to other government systems (economic aid, civil status, tax and social security). The Committee notes the establishment of instruments for monitoring and evaluation, including the NAES statistical programme, the tracing of beneficiaries of employment promotion programmes and VET graduates, and the application of key performance indicators for NAES Regional Directorates. Noting the introduction of an integrated information system in 2021 linking NAES databases with other public systems, the Committee requests the Government to indicate how this system supports labour market analysis and policy evaluation, and whether it allows real-time tracking of beneficiary outcomes (such as retention and earnings). Please describe any evaluation carried out and measures planned to enhance system interoperability. The Committee also requests the Government to continue to provide information concerning the manner in which the employment service is organized in order to carry out its functions effectively, as required by the Convention. It also requests the Government to provide updated information on the operation and impact of the new information system introduced in 2021 and its integration with other online systems.

Article 7 of Convention No. 88. Special categories of applicants. The Committee notes the measures taken by the National Agency for Employment and Skills (NAES) to assist long-term unemployed persons, persons with disabilities, members of the Roma and Egyptian communities, and other vulnerable groups, in coordination with other public authorities and the business community. The Government indicates that, in addition to standard employment promotion programmes, such as job training, self-employment and internships, specific programmes have been developed to address the needs of disadvantaged groups. These include the Community Work programme, aimed at persons unemployed for over one year and with low educational attainment, who are employed by municipalities or non-profit organizations and whose participation combines training and part-time employment; and a new reintegration programme, which provides specialized counselling for employment, self-employment and vocational training, together with referrals to employment and social services to support labour market integration. The Committee further notes that a referral system has been established for beneficiaries of economic aid and persons with disabilities, through arrangements between the NAES, the State Social Service and municipal social administrators. With regard to persons with disabilities, the Committee notes the measures taken, including the preparation of Guidelines for the provision of employment services to jobseekers with disabilities, the reconstruction and adaptation of employment offices to improve accessibility, and the adaptation of the online employment portal for use by persons with disabilities. While noting the measures taken, the Committee requests the Government to provide updated information on the implementation and impact of these measures to address the needs of particular categories of jobseekers, including persons with disabilities and other vulnerable unemployed persons, and on the extent to which they facilitate integration into productive and lasting employment. With respect to persons with disabilities and other vulnerable groups, the Committee requests the Government to provide evidence of the impact of specific programmes (such as the Community Work and Reintegration Programmes) on participants’ transition into lasting employment. Please indicate how cooperation between NAES, municipalities, and the State Social Service is structured and financed, and whether the Government has adopted targets or indicators for monitoring inclusion.

Article 8 of Convention No. 88. Special arrangements for young persons. The Committee recalls its previous comments, noting that the Government recognized that unemployment, underemployment and informal work of young persons bear a high cost for the country. The Committee welcomes the information provided by the Government concerning the adoption of the Youth Guarantee Implementation Plan in March 2023, designating the NAES as the executive body, under the coordination of the National Youth Coordinator and the oversight of the ministry responsible for employment and skills. It notes that the Youth Guarantee was officially launched in October 2023, with the online service on E-Albania becoming operational in November 2023, marking the start of the pilot phase. The Committee also notes the creation of the Youth Guarantee Portal to expand outreach, including to young persons furthest from the labour market. The Government reports that, by June 2024, 302 young persons not in employment, education or training (NEET) had entered the preparatory phase, of whom 194 had moved to quality employment, or to vocational or educational offers. Noting the persistently high levels of youth unemployment, the Committee requests the Government to continue to provide information on the arrangements made for young persons within the framework of the employment and vocational guidance services.

Article 9 of Convention No. 88. Staff of the employment service. The Committee notes the Government’s indication that the structure of the NAES was reviewed and approved by Prime Minister’s Order No. 164, dated 5 October 2023. According to the Government, the staff responsible for employment services includes 82 persons in the general directorate, who are civil servants recruited under the Law on Civil Servants, and 292 persons employed in regional and local employment offices, whose recruitment is governed by the Civil Code. The Committee further notes that the NAES also oversees the staff of public VET providers. With regard to capacity development, the Government indicates that the NAES provides continuous training for its staff, and reports that in the first six months of 2024, 191 staff members from the regional directorates and local employment offices received training to improve services. The Committee requests the Government to continue to provide updated information on the status and conditions of service of the employment service staff, and further information on the methods of recruitment, selection and training of such staff.

Articles 1, 2, 3 and 5 of Convention No. 181. Definitions. Prohibitions. Legal status. Non-discrimination. In response to its previous comments, the Committee notes that a copy of Decision No. 538 of 26 May 2009, as amended in 2021, on licences and permits processed by or through the National Licensing Centre and some other common bylaws was provided by the Government with its report, and that rules governing temporary agency work were established by Decision No. 286 of 21 May 2018. The Government indicates that, under these rules, temporary workers are employed by a temporary work agency under an employment contract for assignment to a user enterprise for a maximum of two years, and that workers are not required to pay any fees to the agency. Temporary agency work may be used in cases of increased workload, replacement of workers, or projects of fixed duration. The Committee notes the Government’s reference to section 18/1(5) of the Labour Code and to Decision No. 286 of 21 May 2018, as amended, which establishes specific prohibitions on the use of temporary agency work. According to the Government, temporary workers may not be used to replace employees exercising the right to strike; in enterprises that have carried out dismissals for economic reasons of employees with the same profession during the previous six months, or collective dismissals of such employees during the preceding 12 months; or for work which by its nature poses a risk to the health and safety of workers. The Government further indicates that the State Inspectorate of Labour and Social Services is mandated to conduct periodic inspections to verify compliance by agencies with the legislation. The Committee notes that Instruction No. 757, dated 30 September 2024, titled “On the Procedures for Reviewing, Evaluating, and Approving Licensing Applications of Entities Engaged in Employment Intermediary Activities and Their Oversight” establishes the requirements and procedures for licensing private entities operating as recruitment agencies and introduces oversight mechanisms for these entities post-licensing. The Committee requests the Government to provide updated information on the conditions governing the operation of private employment agencies and temporary work agencies, including the number of licensed private employment agencies and temporary work agencies. It also requests the Government to provide copies of Decision No. 286 and Instruction No. 757 to the Office. Referring to its previous comments, the Committee once again requests the Government to indicate how effect is given to the non-discrimination provisions of the 2015 Labour Code in practice (Article 5). Please also continue to provide updated information on any prohibitions on private employment agencies from operating (Article 2(4)(a)).

Article 7 of Convention No. 181. Fees and costs. The Committee notes the Government’s indication that the Labour Code has not been amended regarding fees and costs, and that private employment agencies, including temporary work agencies, are prohibited from charging direct or indirect fees for providing employment services, except for certain administrative expenses. The general prohibition against charging fees applies to all private employment agencies, including those engaged in cross-border operations. The Government specifies that administrative expenses may relate to the registration and processing of employment documents (preparation and processing of documents necessary to start the employment relationship, including employment contracts and other legal documents), consultation and advice for workers (providing advice and guidance regarding the recruitment process and their rights), and the management of administrative and legal procedures necessary to establish employment relationships, including assistance in the application process and meeting other legal requirements related to employment. The Government adds that these administrative expenses are justified by the need to ensure orderly and transparent employment processes, meet legal and regulatory requirements, and improve transparency and integrity. The Committee notes the Government’s indication that any fees charged are regulated by law, subject to monitoring and control by the competent authorities, and must remain reasonable and justifiable. The Government further indicates that consultations with employers’ and workers’ organizations are held prior to authorizing such fees. The Committee must once again refer to the comments it has been making since 2007 and requests the Government to provide more specific information on the legislative provisions that authorize administrative expenses that may be charged and the amounts of such expenses. In addition, the Committee requests the Government to indicate what control is exercised by the competent authorities over irregular fee charging, and to provide detailed information on the nature and content of consultations held with employers’ and workers’ organizations concerning the authorization of administrative expenses.

Article 8 of Convention No. 181. Migrant workers. The Committee notes the measures taken by the Government to strengthen oversight of private employment agencies in the recruitment of migrant workers. It notes in particular Ministerial Order No. 174 of 17 June 2022, which mandated the State Inspectorate of Labour and Social Services to conduct inspections of private employment agencies, in cooperation with other enforcement bodies. The Committee notes that in 2022, 126 entities were inspected, of which five were found to be operating without the required licence. The Committee further notes that administrative measures were imposed, including warnings and one fine. The Government indicates that the National Migration Strategy 2024–30, with an initial action plan for 2024–26, commits the Ministry of Economy, Culture and Innovation and its institutions to strengthening the legal framework and the activity of private employment agencies, with particular attention to female migrant workers. The Committee requests the Government to describe how Ministerial Order No. 174 has been implemented in practice. It also requests the Government to continue to provide information on how it ensures adequate protection of, and the prevention of abuses against, migrant workers recruited or placed in its territory by private employment agencies, in particular in the context of the National Migration Strategy 2024–30. The Committee further requests information on the nature and extent of penalties imposed against private employment agencies engaging in fraudulent practices or abuses involving migrant workers, as well as on the impact of the bilateral agreements concluded.

Articles 10 and 14(3) of Convention No. 181. Investigation of complaints. Adequate remedies. The Committee notes the information provided by the Government concerning the handling of complaints by the State Inspectorate of Labour and Social Services. It observes that during 2023, a total of 800 complaints and requests for legal clarification were filed; 82.5 per cent concerned alleged violations of workers’ rights, and 42.5 per cent of those were submitted by female employees. The Committee notes that the main allegations concerned non-payment of wages, non-payment for overtime and work on official holidays, unlawful termination of employment, and non-payment of social and health insurance contributions. The Government indicates that resolution rates varied by category. For example, 79.1 per cent of complaints regarding non-payment of arrears and 73.1 per cent of complaints concerning social and health insurance contributions were resolved, and that, overall, 72 per cent of complaints filed by female employees were wholly or partially resolved. The Committee requests the Government to continue to provide updated information on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies. It also requests information on the type and number of complaints received and how they were resolved, the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations.

Articles 11 and 12 of Convention No. 181. Adequate protection and allocation of responsibilities. In its previous comments, the Committee requested the Government to indicate the manner in which adequate protections are ensured in respect of access to training, and compensation in case of insolvency and protection of workers’ claims (Article 11(f) and (i) of the Convention). It also noted that, according to section 18/5(3) of the 2015 Labour Code, such workers are entitled to benefit from collective services and facilities at the user enterprise, including childcare facilities and transport services, on an equal basis with those enjoyed by the user enterprise’s employees, unless objective reasons justify the difference in treatment. The Committee notes the information provided by the Government concerning the benefits available under the social insurance system in cases of accidents at work and occupational diseases, including income-replacement benefits. Noting that the Government has not provided the information requested, the Committee once again requests the Government to indicate how adequate protections are ensured in respect of access to training, compensation in case of insolvency and protection of workers’ claims (Article 11(f) and (i) of the Convention). It also once again requests the Government to clarify the meaning of the term “objective reasons justifying a difference in treatment” and to provide detailed information on the manner in which the allocation of responsibilities between temporary work agencies and user enterprises is ensured in practice in relation to each of the areas of responsibility set out in Article 12(a)–(i).

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 to 3 of the Convention. Implementation of an active employment policy. Employment trends. Consultation with the social partners. The Committee notes the updated information communicated by the Government with respect to the programmes aimed at enhancing employability, particularly for young persons and specific groups vulnerable to decent work deficits, including persons belonging to the Roma and Egyptian communities. The Government indicates that the average number of jobseekers decreased from 74,686 in 2018 to 82, 921 in 2020. During the same period, the average number of unemployed jobseekers from the Roma and Egyptian communities increased from 5,844 to 7,570, while the average number of unemployed jobseekers with disabilities increased from 518 to 604 and the number of returned immigrants registered at employment offices climbed from 498 to 572. In the fourth quarter of 2019, the total unemployment rate stood at 11.2 per cent, whereas the unemployment rate for young persons between 15 and 29 years of age was almost double, at 21.4 per cent. The overall employment rate for persons 15–64 was 61.6 per cent (68.5 per cent for men and 54.8 per cent for women), whereas the employment rate for young persons between 15 and 29 years of age was significantly lower, at 40.6 per cent. The Government refers to the adoption of Law No. 15/2019 on the Promotion of Employment in 2019, which established a tripartite Advisory Council for Employment. It adds that the action plan for the National Employment and Skills Strategy was extended until 2022, while the Employment Promotion Program was redesigned to focus on employment and vocational training. In 2019, the National Agency for Employment and Skills (NAES) was established, which included the creation of a tripartite Employment Consultative Council tasked with providing employment programmes and VET management. Subsequently, in 2020, the Government focused on restructuring NAES offices at the central and regional levels to improve the country-wide allocation of roles and responsibilities, the clear profiling of employees and the modernization of information technology infrastructure systems. Until the end of 2020, 36 out of the 40 regional offices underwent such restructuring, for which external technical assistance was solicited under the EU instrument of pre-accession and seven agreements with local governments were concluded to strengthen and coordinate employment policies at the regional and local levels. In this regard, the Government also identified the need to improve women’s access to the labour market in rural areas of the country. In 2019, 5,338 persons, equivalent to 8 per cent of the total number of unemployed persons, were included in employment promotion programs (192 of whom were from the Roma and Egyptian communities, 111 were persons with disabilities and 56 were returned immigrants). In addition, 30,391 unemployed persons were placed in employment, a figure 9 percentage points above the target set for that year. The Government nevertheless recognizes that the results of the support afforded to specific categories of unemployed persons was below expectations, which it attributes to their age, education, occupation and other characteristics. The Committee requests the Government to continue to provide information on progress made with respect to the formulation, adoption and implementation of an active employment policy and of active labour market measures to promote full, productive and freely chosen employment, and to provide specific information on consultations held with the social partners in this regard as well as on the functioning of the tripartite Advisory Council for Employment and the Employment Consultative Council. The Committee also requests the Government to supply detailed updated information, including statistical data disaggregated by sex, age and economic sector, on employment trends, including on employment, unemployment and underemployment. In addition, the Committee requests the Government to provide information on the nature, scope and impact of measures taken to improve the employment situation of groups vulnerable to decent work deficits, including women, young persons, persons with disabilities, older and rural workers, workers belonging to the Roma, Egyptian and other ethnic minorities, those in the informal economy and those persons vulnerable to intersectional discrimination. The Committee also requests the Government to provide information on measures taken or contemplated to increase labour force participation, particularly for women and young persons.

Vocational education and training. The Committee notes that the development and implementation of vocational education and training (VET) is one of the main pillars of the National Employment and Skills Strategy 2019-2022. In this respect, it notes the information provided by the Government in relation to measures developed, in collaboration with the social partners, to strengthen the VET system, particularly under the umbrella of the National Council of Vocational Education and Training. These measures include: the renovation of over 20 vocational schools, provision of teacher training and the adjustment of curricula to the demands of the labour market. The Government indicates that these measures resulted in an increase of enrolments in vocational schools. In 2019, 19,000 students attended vocational schools. In this context, the Government emphasizes that the steering committees managing vocational schools also include representatives of the social partners. The Government adds that, in 2019, 8,818 unemployed jobseekers attended vocational training courses, representing 12 per cent of the total number of registered unemployed jobseekers. Moreover, the Government indicates that the targets for VET-participation set in the Roma/Egyptian Strategy and for persons with disabilities were achieved. The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of the measures taken in the area of VET to better respond to the current and evolving demands of the labour market. The Government is also requested to provide updated information, including disaggregated statistical data, on the impact of targeted measures taken to provide access to education, vocational guidance and training for groups vulnerable to decent work deficits on their ability to secure productive and lasting employment. In addition, it requests the Government to continue to provide information on the manner in which the social partners and other stakeholders concerned are consulted with respect to the development, implementation, monitoring and review of VET programmes.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1, 3 and 5, of the Convention. Definitions. Legal status. Non-discrimination. The Committee notes the Government’s indication that, to meet the requirements of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, as well as to give effect to the Convention, the 1995 Labour Code was amended by Law No. 136/2015 of 5 December 2015, (hereinafter the 2015 Labour Code). The amendments introduce provisions regulating domestic and cross-border activities of private employment agencies (PEAs) in the sense of Article 1(1)(b) of the Convention (temporary work agencies). In addition, the amendments update the provisions in the Labour Code on non-discrimination to include additional prohibited grounds of discrimination (section 9 of the 2015 Labour Code), as well as requirements for a written employment contract (section 18/5(2)(c) of the 2015 Labour Code). In this regard, the Committee notes with interest that, according to section 18/3(3)(a) of the 2015 Labour Code, agreements between the user enterprise and the temporary work agency (TWA) will be deemed to be invalid if they prohibit the conclusion of a direct employment contract between an employee and the user enterprise following the termination of the employment contract between the employee and the TWA. In addition, according to section 18/2(1)(e) of the 2015 Labour Code, the user enterprise is required to provide TWA workers about vacancies that arise, and to provide such workers with equal opportunities to access direct employment with the enterprise. The Committee also notes the Government’s indication that private employment mediation requires a Category X.2.A licence authorizing the PEA to engage in “Mediation in the Labour Market”, as stipulated in Law No. 10081 of 23 February 2009, entitled “On Licences, Authorizations and Permits in the Republic of Albania” and Decision No. 538 of 26 May 2009 of the Council of Ministers, entitled “On Licences and Permits Handled by or through the National Business Centre and Some Other Common Sub-Legal Rules”. The Government also refers to the Council of Ministers’ 2017 draft decisions entitled: “On the Establishment and Manner of Organization and Functioning of the Temporary Employment Agency” and “On the Establishment and Manner of Organization of the Private Employment Agencies” (the 2017 draft decisions). The Government indicates that these 2017 draft decisions, on which the social partners were consulted, seek to improve the legal framework for the functioning of PEAs, with the aim of preventing irregular migration and abusive conditions of employment. It adds that the 2017 draft decisions are still under consideration by the relevant ministries. The Committee requests the Government to indicate whether the licence requirement established under Law No. 10081 of 23 February 2009 and Decision No. 538 of 26 May 2009 is applicable to all types of PEAs, including TWAs (Article 3). Furthermore, it requests the Government to provide copies of Decision No. 538 to the Office, as well as copies of the 2017 draft decisions once they are adopted. The Committee further requests the Government to indicate the manner in which effect is given to the non-discrimination provisions of the 2015 Labour Code in practice (Article 5).

Article 2(4)(a). Prohibitions. The Committee notes that, according to section 18/1(5) of the 2015 Labour Code, the use of temporary agency work in certain cases, sectors or categories of employees is prohibited if matters of general interest are affected – in particular: health and safety conditions at work, the proper functioning of the labour market or the prevention of abuses. Whether or not to prohibit the use of TWAs in this context is a decision to be made by the Council of Ministers. The Committee requests the Government to provide further information on the circumstances in which the use of TWAs may be prohibited and on the manner in which this prohibition has been implemented in practice. It further requests the Government to provide information on consultations held with employers’ and workers’ organizations prior to the adoption of this prohibition.

Article 7. Fees and costs. The Government indicates that PEAs are not permitted to charge any direct or indirect fees for providing their services, except for necessary expenses incurred in terms of administrative fees. The Committee notes that, in respect of TWAs, pursuant to section 18/3(3)(b) of the 2015 Labour Code, an employment agreement will be deemed invalid if it “provides for the obligation of the employee to pay to the agency a fee for employment in the receiving enterprise or establishment of a legal relationship with the receiving enterprise”. In addition, the Committee notes that section 18/2(1)(c) of the 2015 Labour Code provides that “unless otherwise agreed, the agency shall cover all employment-related expenses provided for in the legal provisions”. Referring to its 2007 comments, the Committee once again requests the Government to specify the nature of the administrative services for which TWAs may require workers to pay fees and to indicate the reasons for authorizing such expenses. In addition, the Committee requests the Government to indicate what control is exercised over the amount of fees that may be charged, and whether employers’ and workers’ organizations were consulted prior to authorizing an exception in this regard. It also requests the Government to provide information on whether the general prohibition against charging fees is applicable to all types of PEAs, including TWAs and those operating in a cross-border context.

Article 8. Migrant workers. The Committee welcomes the extracts provided by the Government from the agreement concluded with Qatar. It further notes the updated information on the Memorandum of Understanding signed with an international PEA, as well as information concerning the Triple Win Migration project with Germany, on the basis of which 20 nurses were recruited to work in Germany. The Government indicates that it has no information indicating the presence of fraudulent practices or abuses, adding that the Council of Ministers’ draft decision, “On the Establishment and Manner of Organization of the Private Employment Agencies”, establishes protections for workers mediated in a cross-border context. The Committee requests the Government to provide information on the manner in which it ensures adequate protection for and prevents abuses of migrant workers recruited or placed in its territory by all types of PEAs. It further requests the Government to continue to provide information on the nature and extent of penalties imposed against PEAs engaging in fraudulent practices or abuses involving migrant workers, as well as on the impact of the bilateral agreements concluded.

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Committee notes that during the period from April 2014 to June 2015, labour inspectors carried out inspections of two PEAs in response to inquiries made by jobseekers. The inspections concluded that both PEAs were operating in accordance with the applicable legal framework. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied by, for example, including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, the number of infringements reported, and examples of the remedies provided for and effectively applied in cases of violations of the principles of the Convention (Part V of the report form).

Articles 11 and 12. Adequate protection and allocation of responsibilities. The Committee notes that sections 18/1 to 18/5 of the 2015 Labour Code provide for the protection of workers employed by TWAs in regard to: (a) freedom of association; (b) collective bargaining; (c) minimum wages; (d) working time and other working conditions; (e) statutory social security benefits; (f) occupational safety and health; (g) compensation in case of occupational accidents or diseases; (h) maternity protection and benefits, and parental protection and benefits. Pursuant to section 18/2(1)(d)(i) to (iii) and (g) of the 2015 Labour Code, the user enterprise is responsible for the temporary agency worker’s health and safety at work, for ensuring equal treatment and for adhering to working times and rest requirements, as well as for providing compensation in case of occupational accidents or diseases. According to section 18/5(3) of the 2015 Labour Code, such workers are entitled to benefit from collective services and facilities in the user enterprise, including childcare facilities and transport services, equal to those enjoyed by the user enterprise’s employees, unless the difference in treatment is justified by objective reasons. The Committee requests the Government to indicate the manner in which adequate protections are ensured in respect of access to training, compensation in case of insolvency and protection of workers’ claims (Article 11(f) and (i) of the Convention). Furthermore, it asks the Government to clarify the meaning of the term “objective reasons justifying a difference in treatment” and to provide detailed information on the manner in which the allocation of responsibilities between TWAs and user enterprises is ensured in practice in relation to all the areas of responsibility set out in Article 12(a)–(i).

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Employment trends. The Committee notes with interest the sustained efforts made by the Government to improve the employability of the labour force, reduce poverty and improve the technical vocational education and training system, placing a focus on young persons and specific groups vulnerable to decent work deficits. In this context, the Committee notes the information provided by the Government on the reorganization of the National Employment Service (NES), enhancing its administrative and training capacities. The NES reform focused on the implementation and evaluation of active labour market policies (ALMPs). As a result, employment offices have introduced a new service model concentrated on the reorganization of working environments, the introduction of jobseekers and employers, offering services in conformity with the European Union Public Employment Services Standards, reviewing existing ALMPs and adapting the respective regulatory framework. The NES reform has led to a transformation of the public employment offices, entailing the modernization of the infrastructure as well as the reconceptualization and computerization of services. The Committee further notes that the reform envisages the reduction of gender skills gaps to increase women’s employability, as well as to address the needs of specific groups, such as the Roma and other ethnic minorities, persons with disabilities and persons residing in rural or remote areas, to ensure their inclusion in the labour market. In addition, 21 new employment offices have been established at the regional and local levels. The Committee also notes that the National Employment and Skills Strategy 2014-2020 and its Action Plan, developed with ILO assistance, aims to provide a comprehensive policy framework for better jobs and increased skills. According to the 2017–21 Decent Work Country Programme (DWCP) for Albania, the country’s economic development over the past decade has been accompanied by positive changes in general employment and the reduction of poverty rates. The Committee notes that, while this growth was reflected in reduced rates of unemployment in general, according to the DWCP, the growth in the Albanian economy did not always lead to the creation of more jobs, particularly for women and young persons. High youth unemployment rates remain a concern for the Government, particularly given that close to 42 per cent of the population is under the age of 30. The Committee notes in this regard that, in the first quarter of 2018, the unemployment rate of persons aged 15–29 (24.5 per cent) was nearly twice as high as the general unemployment rate of persons aged 15 and above (12.5 per cent). The unemployment rate has decreased for both age groups since the first quarter of 2016, from 30.4 per cent for young persons aged 15 to 29 and 16.6 per cent for those aged 15 and over. During the same period, the employment rate increased from 47.5 per cent to 51.9 per cent for persons above the age of 15 and from 32.1 per cent to 35.9 per cent for those aged 15 to 29. In the first quarter of 2018, labour force participation rates stood at 59.3 per cent (67.4 per cent for men and 51.3 per cent for women) for those aged 15 and above and at 47.5 per cent for persons between 15 and 29 (54.9 per cent for men and 39.7 per cent for women). The Committee requests the Government to continue to provide information on progress made with respect to the formulation and adoption of an active employment policy, in consultation with the social partners, as well as on the impact of active labour market measures implemented to promote full, productive and freely chosen employment. It further requests the Government to supply updated information in its next report on employment trends, including on employment, unemployment and underemployment; also statistical information disaggregated by sector, age and sex. Furthermore, the Committee requests the Government to provide information on measures taken to improve the employment situation of groups vulnerable to decent work deficits, including women, young persons, persons with disabilities, rural workers, workers belonging to the Roma and other ethnic minorities, and those in the informal economy. The Committee further requests the Government to provide information on measures taken or contemplated to improve job creation and increase labour market participation, particularly for young persons.

Vocational education and training. The Committee notes that, according to the DWCP, NES surveys carried out in Albania in 2008, 2010 and 2012 found that there were skills gaps in all sectors of the economy. Moreover, Technical Vocational Education and Training (TVET) is offered in 53 existing schools, which are almost all located in urban areas. The Committee notes the adoption of Law No. 15/2017 on Vocational Education and Training of 16 February 2017, which seeks to enhance skills development to address the skills gap. It also notes the adoption of Decision No. 64 on the Employment Promotion Program of Young People who gained the Status of Orphans, of 27 January 2016, as well as the support received during 2010–17 from the German Federal Ministry for Economic Cooperation as part of the “Vocational education and training (VET) programme”. The Committee also notes the information provided concerning the current United Nations Development Programme project, implemented in cooperation with the Ministry of Social Welfare and Youth, which aims to improve youth employment opportunities in the Lezha, Kukës, and Shkodra regions, all of which have high unemployment rates. In particular, the Committee welcomes the project’s focus on young persons with disabilities, with the objective of creating employment opportunities to promote their sustainable inclusion in the labour market. The Committee requests the Government to continue to provide information on the impact of the measures taken in the area of TVET and on their relation to prospective employment opportunities. It also requests the Government to indicate the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of TVET programmes.

Article 3. Consultation with the social partners. The Committee notes that the Government has not provided information on this point. It therefore reiterates its request that the Government provide information on the activities of the Tripartite Administrative Council and National Labour Council with respect to the formulation and implementation of active labour market measures. It also requests the Government to indicate the nature and outcome of consultations held with representatives of persons affected by the measures taken or envisaged.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Employment trends. The Government indicates in its report that the Ministry of Social Welfare and Youth adopted the National Strategy on Employment and Skills 2014–20, based on the European Strategy 2020, with the general purpose of encouraging quality employment and opportunities for education and professional training for Albanian women and men. The Committee notes from the report that Albania continues to rank as one of the countries with the youngest population in Europe and that the difficulties faced by young persons to enter and remain within the labour market are numerous. During the fourth quarter of 2013, the labour force participation rate of young people aged 15–29 was 38.9 per cent, whereas it was measured at 69.4 per cent for the 30–64 age group. Looking at unemployment figures, youth unemployment was measured at 28.1 per cent in the fourth quarter of 2013, having increased from 26.9 per cent in the previous quarter. Among the unemployed young people, 61.7 per cent had been unemployed for over a year. The Committee notes the employment programmes implemented during the reporting period. It notes in this regard that on a yearly basis about 6,000 young individuals obtain access to employment intermediation services through the National Employment Service, which represents nearly 45 per cent of the total employment placements realized. The Government indicates that funding for employment programmes had tripled to 270 million Albanian leks (ALL) in 2014 when compared to the 2013 funding figures. From the data gathered until the end of June 2014, 3,078 unemployed jobseekers registered in employment offices were participating in employment programmes. The Committee requests the Government to provide information on the impact of the implementation of the National Strategy on Employment and Skills 2014–20 and other employment measures adopted in relation to the pursuit of the objectives of full, productive and freely chosen employment. The Committee also requests the Government to provide information on the impact of the employment measures taken to reduce youth unemployment, disaggregated by level of education, age and sex. Please also continue to include disaggregated information on the labour market situation, levels and trends of employment, unemployment and underemployment.

Education and training. The Committee notes that legislative changes were introduced in 2014 to transfer governmental responsibility in the field of professional education from the Ministry of Education and Sports to the Ministry of Social Welfare and Youth. The Government indicates that the unification of professional education and professional training under the responsibility of a single ministry was considered necessary for improving administration of competencies, optimizing of the human and financial resources and to orientate education and professional training towards actual labour market demands and perspectives. The Government adds that legislative changes will have a positive impact on education and training, bringing national standards closer to European standards. The Committee requests the Government to continue to provide information on the impact of the measures taken in the area of education and training and on their relation to prospective employment opportunities. It also requests the Government to indicate the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of education and training programmes that meet the needs of the labour market.

Article 3. Consultation with the social partners. The Committee notes that, in order to strengthen institutional relationships between the Government and the social partners, as well as interagency coordination, every ministry will now appoint an individual to collaborate with the social partners for the purposes of training and problem-solving. The Committee requests the Government to provide information on the activities of the Tripartite Administrative Council and National Labour Council with respect to the formulation and implementation of employment policy measures. It also requests the Government to indicate to what extent consultations have been held with the representatives of the persons affected by the measures taken, such as young people, rural workers and workers in the informal economy.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Articles 1, 11 and 12 of the Convention. Adequate protection and determination of responsibilities of temporary work agencies. The Government refers in its report to the ongoing amendment to the 1995 Labour Code of Albania aimed at incorporating temporary employment agencies. The draft Code, approved by the Council of Ministers and submitted to Parliament, will also address other requirements of the Convention and sections 4 (Review of restrictions or prohibitions) and 6 (Access to employment, collective facilities and vocational training) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. The Committee requests the Government to provide information on the adoption of the draft Code in Parliament and to specify how the requirements under Articles 11 and 12 of the Convention are addressed in the applicable legislation. Please also provide a copy of the Code, once adopted, to the Office.

Article 7. Fees or costs. The Government indicates that Resolution No. 708 has been replaced by Decision of the Council of Ministers No. 538 of 26 May 2009. The Committee once again requests the Government to specify whether private employment agencies are allowed to charge fees or costs to workers under the current legislation. If so, please indicate the types of services and the categories of workers for which fees or costs can be charged and the reasons for authorizing such exceptions, as well as the consultations held with the social partners on this matter. Please also provide a copy of Decision of the Council of Ministers No. 538 of 26 May 2009.

Article 8. Migrant workers. The Government reports that, in 2012 and 2014, it concluded two agreements concerning migrant workers with Germany and Qatar. The agreement with Germany – the Triple Win Migration – is aimed at sending Albanian medical staff to Germany and is a follow-up to a 1991 agreement. The agreement with Qatar will be based on direct cooperation between the Ministry of Labour and Social Affairs of the State of Qatar and the Albanian Ministry of Social Welfare and Youth (MSWY), and will involve Albanian state institutions in the process of recruiting Albanian citizens for work in Qatar in order to strengthen the protection of their rights. In April 2015, two cooperation agreements were signed between the MSWY and Italian tourist associations and with an international employment agency. The Memorandum of Understanding signed with the international employment agency entails direct collaboration and information sharing between the public employment services, the signatory agency and other Albanian private employment agencies. The Committee requests the Government to continue to provide information on the impact of the agreements concluded and on whether other agreements are envisaged. It also requests the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed by private employment agencies. Please also provide information on the penalties laid down and imposed against agencies engaging in fraudulent practices and abuses.

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Committee notes that in the period 2012–13, labour inspectors have been inspecting the two existing employment agencies. While the inspection of one entity was part of the standard procedure, the other inspection took place to investigate a complaint alleging violations of the Convention. The inspections concluded that neither employment agency violated the Convention. The Committee requests the Government to provide information on the remedies provided for and examples of sanctions effectively applied in cases of violations of the Convention and a general appreciation of the manner in which the Convention is applied, for example, by including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Employment trends. The Government indicates in its report that the Ministry of Social Welfare and Youth adopted the National Strategy on Employment and Skills 2014–20, based on the European Strategy 2020, with the general purpose of encouraging quality employment and opportunities for education and professional training for Albanian women and men. The Committee notes from the report that Albania continues to rank as one of the countries with the youngest population in Europe and that the difficulties faced by young persons to enter and remain within the labour market are numerous. During the fourth quarter of 2013, the labour force participation rate of young people aged 15–29 was 38.9 per cent, whereas it was measured at 69.4 per cent for the 30–64 age group. Looking at unemployment figures, youth unemployment was measured at 28.1 per cent in the fourth quarter of 2013, having increased from 26.9 per cent in the previous quarter. Among the unemployed young people, 61.7 per cent had been unemployed for over a year. The Committee notes the employment programmes implemented during the reporting period. It notes in this regard that on a yearly basis about 6,000 young individuals obtain access to employment intermediation services through the National Employment Service, which represents nearly 45 per cent of the total employment placements realized. The Government indicates that funding for employment programmes had tripled to 270 million Albanian leks (ALL) in 2014 when compared to the 2013 funding figures. From the data gathered until the end of June 2014, 3,078 unemployed jobseekers registered in employment offices were participating in employment programmes. The Committee requests the Government to provide information on the impact of the implementation of the National Strategy on Employment and Skills 2014–20 and other employment measures adopted in relation to the pursuit of the objectives of full, productive and freely chosen employment. The Committee also requests the Government to provide information on the impact of the employment measures taken to reduce youth unemployment, disaggregated by level of education, age and sex. Please also continue to include disaggregated information on the labour market situation, levels and trends of employment, unemployment and underemployment.

Education and training. The Committee notes that legislative changes were introduced in 2014 to transfer governmental responsibility in the field of professional education from the Ministry of Education and Sports to the Ministry of Social Welfare and Youth. The Government indicates that the unification of professional education and professional training under the responsibility of a single ministry was considered necessary for improving administration of competencies, optimizing of the human and financial resources and to orientate education and professional training towards actual labour market demands and perspectives. The Government adds that legislative changes will have a positive impact on education and training, bringing national standards closer to European standards. The Committee requests the Government to continue to provide information on the impact of the measures taken in the area of education and training and on their relation to prospective employment opportunities. It also requests the Government to indicate the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of education and training programmes that meet the needs of the labour market.

Article 3. Consultation with the social partners. The Committee notes that, in order to strengthen institutional relationships between the Government and the social partners, as well as interagency coordination, every ministry will now appoint an individual to collaborate with the social partners for the purposes of training and problem-solving. The Committee requests the Government to provide information on the activities of the Tripartite Administrative Council and National Labour Council with respect to the formulation and implementation of employment policy measures. It also requests the Government to indicate to what extent consultations have been held with the representatives of the persons affected by the measures taken, such as young people, rural workers and workers in the informal economy.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Operation of the employment service. The Government indicates in its report that the National Employment Service has undertaken a substantive modernization of the public employment service system. Changes include the modernization of its headquarters and regional offices, updating its online service, developing new objectives and profiling techniques, improving its strategy to provide effective services to employers and building partnerships with other labour market partners. The Committee notes that 13 offices have been reorganized and a total of 20 employment offices will be restructured by the end of 2015. The modernization will be extended to the remaining employment offices in 2016. The Government indicates that the modernization showed tangible results in 2014 when assistance was provided to 81,251 persons, 30,600 vacancies were reported to the employment offices, close to 12,700 persons attended training courses and about 16,500 jobseekers were mediated into employment. The Committee further notes that the Ministry of Social Welfare and Youth developed a National Strategy for Employment and Skills 2014–20 with the overall goal to promote quality jobs and opportunities for education and vocational training. The Committee requests the Government to continue to provide information on the modernization of the public employment service, as part of the National Strategy for Employment and Skills 2014–20. Please also continue providing information on the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by the employment offices.

Article 6. Activities of the employment service. The Government indicates that the employment service provides information, counselling, mediation, promotion of employment and vocational training as well as financial support during periods of unemployment. These activities are based on the prior evaluation of the labour market through the collection and analysis of statistical information. To this end, regional employment offices monitor programmes for employment promotion and collect statistical information on unemployed persons, recipients of unemployment benefits, vacancies announced to the employment offices as well as mediation services. Moreover, as part of the “Tracer” system, employment trend estimates are compiled with regard to the trainees who have completed vocational training courses. In 2014, a new information system was introduced which offers automatic information on labour supply and demand. It is further envisaged to link the information system with other governmental information systems such as economic aid, health insurance, taxation and social security. The Committee notes in this regard that the EU’s Instrument for Pre-Accession Assistance 2010 (IPA 2010) aims at developing an information management system for the Ministry of Social Welfare and Youth and the State labour inspectorate and at preparing a labour market skills needs analysis. The Committee requests the Government to provide further information concerning the manner in which the employment service is organized in order to carry out its functions effectively as required by the Convention. Please also continue to provide information on the progress in establishing the new information system and results achieved through information sharing across different public authorities, whether employers’ and workers’ organizations concerned and the general public also benefit from the new information system as well as how it assists other public and private bodies in social and economic planning to ensure a favourable employment situation.

Article 7. Special categories of applicants. The Government provides a general overview of measures and programmes implemented through employment offices, in coordination with other government authorities, taking into account the needs of the Albanian business community to assist long-term unemployed jobseekers and jobseekers with disabilities as well as returnees in the aftermath of the economic crisis in neighbouring countries. The Committee notes the comprehensive information on work inclusion and training programmes to meet the needs of the often long-term unemployed Roma minority. The Committee requests the Government to continue to provide updated information on the specific arrangements made on the programmes adopted to adequately meet the needs of particular categories of jobseekers, such as persons with disabilities and other vulnerable unemployed jobseekers.

Article 8. Special arrangements for young persons. The Government recognizes that unemployment, underemployment and informal work of young persons bear a high cost for the country. Since 2007, the Government has aimed at addressing this issue through the public employment service’s focus on vocational training and retraining for young persons. In 2014, in cooperation with a UNDP project, employment office staff received training on addressing the challenge of local youth employment. During that year, 38,500 young persons up to 29 years of age benefited from specific services offered by the public employment service, including targeted employment promotion programmes (2,300 persons). Some 9,250 young persons participated in vocational training programmes and 7,650 were mediated into employment. The Committee requests the Government to continue to provide information on the arrangements made for young persons within the framework of the employment and vocational guidance services.

Article 9. Staff of the employment service. The Government reports that the National Employment Service comprises 433 staff members, out of which 38, all employed in the general directorate, are civil servants whose recruitment is governed by the Law on civil servants. The recruitment and selection of the other members is regulated by the Civil Code. As part of IPA 2010 and further to the assistance provided from other partners, 323 staff were trained to provide general information, employment information and individual counselling in the 13 modernized offices. The Committee requests the Government to provide updated information on the status and conditions of service of the employment service staff, and further information on the methods of recruitment, selection and training of such staff.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1, 11 and 12 of the Convention. Adequate protection and determination of responsibilities of temporary work agencies. The Government refers in its report to the ongoing amendment to the 1995 Labour Code of Albania aimed at incorporating temporary employment agencies. The draft Code, approved by the Council of Ministers and submitted to Parliament, will also address other requirements of the Convention and sections 4 (Review of restrictions or prohibitions) and 6 (Access to employment, collective facilities and vocational training) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. The Committee requests the Government to provide information on the adoption of the draft Code in Parliament and to specify how the requirements under Articles 11 and 12 of the Convention are addressed in the applicable legislation. Please also provide a copy of the Code, once adopted, to the Office.

Article 7. Fees or costs. The Government indicates that Resolution No. 708 has been replaced by Decision of the Council of Ministers No. 538 of 26 May 2009. The Committee once again requests the Government to specify whether private employment agencies are allowed to charge fees or costs to workers under the current legislation. If so, please indicate the types of services and the categories of workers for which fees or costs can be charged and the reasons for authorizing such exceptions, as well as the consultations held with the social partners on this matter. Please also provide a copy of Decision of the Council of Ministers No. 538 of 26 May 2009.

Article 8. Migrant workers. The Government reports that, in 2012 and 2014, it concluded two agreements concerning migrant workers with Germany and Qatar. The agreement with Germany – the Triple Win Migration – is aimed at sending Albanian medical staff to Germany and is a follow-up to a 1991 agreement. The agreement with Qatar will be based on direct cooperation between the Ministry of Labour and Social Affairs of the State of Qatar and the Albanian Ministry of Social Welfare and Youth (MSWY), and will involve Albanian state institutions in the process of recruiting Albanian citizens for work in Qatar in order to strengthen the protection of their rights. In April 2015, two cooperation agreements were signed between the MSWY and Italian tourist associations and with an international employment agency. The Memorandum of Understanding signed with the international employment agency entails direct collaboration and information sharing between the public employment services, the signatory agency and other Albanian private employment agencies. The Committee requests the Government to continue to provide information on the impact of the agreements concluded and on whether other agreements are envisaged. It also requests the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed by private employment agencies. Please also provide information on the penalties laid down and imposed against agencies engaging in fraudulent practices and abuses.

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Committee notes that in the period 2012–13, labour inspectors have been inspecting the two existing employment agencies. While the inspection of one entity was part of the standard procedure, the other inspection took place to investigate a complaint alleging violations of the Convention. The inspections concluded that neither employment agency violated the Convention. The Committee requests the Government to provide information on the remedies provided for and examples of sanctions effectively applied in cases of violations of the Convention and a general appreciation of the manner in which the Convention is applied, for example, by including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2017.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report on the application of the Convention received in September 2012. The Government indicates that Law No. 7955 of 20 September 1995 on employment promotion, as later amended, stipulates that the National Employment Service provides free employment mediation for employers and jobseekers throughout the country. It further indicates that there are 12 regional employment offices and 25 local employment offices under the authority of the National Employment Service. Management and execution of the National Employment Service is carried out by the Tripartite Administrative Council, which is chaired by the Minister of Labour, Social Affairs and Equal Opportunities. Representatives of employers’ and workers’ organizations are members of the Tripartite Administrative Council. The Committee invites the Government to indicate in its next report what provision is made to review and revise, where necessary, the network of National Employment Service offices to meet the changing requirements of the economy and the labour force (Article 3(2) of the Convention). Please also provide information on the activities of the National Employment Service and information on the number of beneficiaries of employment services obtaining lasting employment (Article 5).

Article 6. Activities of the employment service. In its report, the Government refers to the activities of the employment service listed in the law on employment promotion and in the Statute of the National Employment Service. The Committee invites the Government to provide further information concerning the manner in which the employment service is organized and the activities which it performs in order to carry out effectively the functions listed in Article 6. More specifically, information should indicate how it collects and analyses comprehensive information on the situation of the labour market and its probable evolution and make such information available systematically and promptly to the public authorities, the employers’ and workers’ organizations concerned, and the general public (Article 6(c)); and how it assists other public and private bodies in social and economic planning to ensure a favourable employment situation (Article 6(e)).

Article 7. Special categories of job applicants. The Government indicates that it supports employment offices with equipment and special preparation to perform mediation for qualitative and effective work. When determining the candidates for filling job vacancies, employment offices give priority to: (a) jobseekers belonging to specific groups; (b) long-term unemployed jobseekers; and (c) other jobseekers. The Committee invites the Government to provide further information on the arrangements made to adequately meet the needs of particular categories of jobseekers, such as persons with disabilities and other vulnerable unemployed jobseekers.

Article 8. Special arrangements for young persons. The law on employment promotion includes persons under the age of 18 as a specific group. The Committee invites the Government to provide information on the arrangements developed for young persons within the framework of the employment and vocational guidance services.

Article 9. Staff of the employment service. The Committee invites the Government to provide information in its next report on the status and conditions of service of the employment service staff, and general information concerning the methods of recruitment and selection of this staff. It is also invited to provide information on the arrangements made to ensure the training of employment service staff for the performance of their duties, including both: (a) arrangements for their initial training at the time of appointment to the service; and (b) arrangements for subsequent training.

Article 10. Use of employment service facilities. The Government indicates in its report that regional and local employment offices will be run by the director of the office, who carries out their functions in consultation with the local tripartite council. Local tripartite councils consist of representatives from the employment office and from employers’ and workers’ organizations. The Committee invites the Government to provide information on the operation of the arrangements made nationally and locally, in cooperation with employers’ and workers’ organizations, to encourage full voluntary use of employment service facilities.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 2 of the Convention. Formulation and implementation of a national employment policy. The Committee notes the Government’s first report on the application of the Convention received in September 2012. The Government indicates in its report that the purpose of Law No. 7955 of 20 September 1995 on employment promotion, as later amended, consists in pursuing general active policies to support full, productive and freely chosen employment by ensuring that there is work for all those who are seeking work, and that such work is as productive as possible. The Government also reports that the Ministry of Labour, Social Affairs and Equal Opportunities, in collaboration with the Ministry of Economy, Trade and Energy, the Ministry of Finance and other ministries draft the national employment policies. The goal of these policies is to achieve full employment, improve quality and productivity at work and strengthen social cohesion. The Government also indicates that the employment strategy is intended to achieve the highest level of employment for all sectors of the labour market, gradually shifting from passive policies of unemployment to policies aimed at increasing the level of employment. The Committee notes that employment promotion programmes are active state programmes that operate directly in the group of unemployed jobseekers to encourage them to find long-term employment. These programmes aim to reduce the number of registered unemployed persons and remove them from passive income support schemes. The Committee invites the Government to describe in its next report the developments with respect to the implementation of a national employment policy designed to promote full, productive and freely chosen employment. It also invites the Government to indicate what procedures exist for assessing the efficiency and effectiveness of employment policy measures in the framework of an overall economic and social policy. The Committee also invites the Government to provide detailed information on its employment measures targeting specific categories of workers, such as women, young persons, rural workers and workers in the informal economy.

Collection and use of labour market information. The Government indicates that, in the field of state employment policy, the labour market is systematically observed, employment developments are envisaged and programmes and projects are proposed to increase the employment rate. The Committee notes from the Decent Work Country Programme (DWCP) for Albania, 2012–15, that the economic development over the last ten years was accompanied by positive changes in employment and reduction of poverty rates. The generation of statistics being an essential step in the pursuit of an active employment policy within the meaning of the Convention, the Committee invites the Government to provide in its next report updated labour market information on the situation, level and trends of employment, unemployment and underemployment, disaggregated by age and sex.

Education and training. The Government indicates that vocational training is an active labour market policy, which is implemented through the regional directorates of public vocational training. The aim of vocational training is to train unemployed jobseekers who are registered at the employment offices in order to integrate and reintegrate them into the labour market. The Committee notes the results of the training programmes provided in the Government’s report. The Committee invites the Government to provide information on the impact of the measures taken to coordinate education and training polices with future labour market demands. It also invites the Government to indicate the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of education and training programmes that meet the needs of the labour market.

Article 3. Consultation with the social partners. The Government indicates that the highest decision-making body of the National Employment Service is the Tripartite Administrative Council, which is comprised of 13 members, including three members from the most representative organizations of workers and three members from the most representative organizations of employers. It also indicates that the National Labour Council is a tripartite consultative body composed of 25 members: ten representatives of employers, ten representatives of workers and five state representatives. The Committee invites the Government to include detailed information on the activities of the Tripartite Administrative Council with respect to the development, implementation and review of employment policies and programmes. Please also provide information on the consultations held with the representatives of rural workers and workers in the informal economy.

ILO technical assistance. The Committee notes from the DWCP for Albania, 2012–15, that the ILO has contributed to the development of the National Employment Service by enhancing its administrative and training capacities with a strong focus on the implementation of active labour market policies. The Committee invites the Government to provide information on the technical assistance received from the ILO on matters related to the application of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report received in July 2013 in which it recalls that the authority issuing licences is the National Licensing Centre, operating under the Ministry of Economy, Trade and Energy. There are five private employment agencies currently operating in Albania and their activities relate to the placement of workers abroad. In reply to the Committee’s previous comments, the Government indicates that private employment agencies in Albania do not perform the preliminary employment of workers for purposes of making them available to a third party. It adds that private employment agencies offer the following services: informing, advising and assessing requests and applications for employment intermediation; looking for jobs; intermediating for determining the conditions and establishing employment relations between the jobseeker and the employer. The Committee recalls that, given the particularities of working arrangements in which employees work for a user enterprise that assigns and supervises the execution of the work and the indeterminacy of responsibility, it is necessary for member States to address these particularities through measures that ensure that in each case effective responsibility is determined (see 2010 General Survey concerning employment instruments, paragraph 313). The Committee invites the Government to indicate in its next report whether private employment agencies become a party to the employment relationship and, if so, to provide the relevant information requested in the report form under Articles 11 and 12 of the Convention. It also invites the Government to provide a general appreciation of the manner in which the Convention is applied by, for example, including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Article 7 of the Convention. Fees or costs. The Government indicates that Resolution No. 708 allowing private employment agencies to charge workers for necessary administrative expenses was abrogated. It also indicates that Albanian legislation does not make reference to administrative costs. However, it states that private employment agencies observe the requirements of the Convention. The Committee requests the Government to specify whether private employment agencies are allowed to charge workers for administrative expenses or costs. If so, please indicate the reasons for authorizing such expenses or costs and whether there is any control over their quantum, as well as the consultations held with the social partners on this matter.

Article 8. Migrant workers. The Committee notes that Law No. 9668 of 18 December 2006, as amended by Law No. 10389 of 3 March 2011, provides that the Ministry of Foreign Affairs shall, in cooperation with other state authorities in the Republic of Albania, be liable and responsible for the protection of the rights and interests of Albanian emigrants. The Ministry of Labour, Social Affairs and Equal Opportunities shall be responsible with respect to the care provided to Albanian emigrants before they leave the country and when they return. The Committee notes that bilateral employment agreements have been concluded and the Government provides information on its agreement with Italy. Furthermore, 36 migration offices were established throughout the country to provide advice to Albanian citizens who wish to migrate. The Committee invites the Government to continue to provide information in its next report on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed by private employment agencies (Article 8(1)) of the Convention. It also invites the Government to provide information on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses. Please also indicate whether any other bilateral agreements have been concluded (Article 8(2)).

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Government indicates that complaints are submitted and reviewed by the responsible institutions. It adds that the State labour inspectorate and social services are under the legal obligation to ensure enforcement of labour legislation. In the event of violation of the Convention, complaints may be submitted to the courts. The Committee invites the Government to provide examples of the remedies provided for and effectively applied in cases of violations of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Protections for workers employed and responsibilities of private employment agencies. The Committee notes the information provided by the Government in the reports received in September 2009 and September 2010. The Government indicates that a general reform was introduced in February and May 2009 to improve the business climate by reducing administrative barriers. The National Licensing Centre was established under the responsibility of the Ministry of Economy, Trade and Energy. The Government indicates that to operate as a private employment agency, a licence will be provided by the National Licensing Centre which acts as a unique one-stop shop. It also indicates that the procedure of providing a private employment agency with a licence lasts for a maximum of four days. The Committee refers to its previous comments and wishes to highlight the need to have a clear legal framework in place to secure adequate protection in the areas enumerated in Articles 11 and 12 of the Convention. Given the particularities of working arrangements in which employees work for a user enterprise that assigns and supervises the execution of the work and the indeterminacy of responsibility, it is necessary for member States to address these particularities through measures that ensure that in each case, effective responsibility is determined (see General Survey of 2010 on employment instruments, paragraph 313). The Committee requests the Government to report in detail on the measures taken to ensure adequate protection for workers employed by private employment agencies and to allocate responsibilities between private employment agencies and made available to user enterprises and to allocate responsibilities between private employment agencies and user enterprises in each of the areas set forth in Articles 11 and 12 of the Convention.

Article 7(2) and (3). Exceptions to the prohibition to charge fees or costs to workers. The Committee recalls that section 4 of resolution No. 708 allowed private employment agencies to charge workers for necessary administrative expenses. It further recalls the Government’s statement that it did not authorize exceptions to Article 7(1) of the Convention. The Committee requests the Government to specify whether under the new legislative framework, private employment agencies are allowed to charge workers for administrative expenses. If so, please indicate the reasons for authorizing such expenses and whether there is any control over the quantum of fees, as well as the consultations held with the social partners on this matter.

Article 8. Measures to provide adequate protection for workers and prevent abuses and fraudulent practices in their recruitment, placement and employment. In the report received in September 2009, the Government indicated that in 2008 there were seven private employment agencies operating in the country and that their activity was very limited and oriented to the placement of workers abroad. The Committee requests the Government to include in its next report information on the measures taken to provide adequate protection for Albanian citizens who are placed for employment abroad. It further invites the Government to provide information on the extent to which protections are contemplated to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers in the issuing of licences and on any bilateral agreements concluded to this end.

Articles 10 and 14(3). Adequate machineries for the investigation of complaints and the application of remedies in case of violations. In the report received in September 2009, the Government indicated that the Ministry of Labour, Social Affairs and Equal Opportunities, will continue to play the role of monitoring private employment agencies through the State Labour Inspectorate. The Committee requests the Government to provide information on the machinery and procedures for the investigation of complaints concerning private employment agencies, particularly on procedures for the investigation of workers’ complaints. Please supply examples of the operation of remedies and their particulars applied in cases of violations of the Convention.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information in the Government’s report received in September 2007 which refers to resolution No. 708 of the Council of Ministers which relates to the way private employment agencies are licensed and operate.

2. Articles 1, paragraph 1, and 11 of the Convention. Services offered by private employment agencies (PEAs) and measures of protection for workers directly employed by PEAs. The Committee notes sections 1 and 2 of resolution No. 708 which indicate that only services falling under Article 1, paragraph 1, subparagraphs (a) and (c), of the Convention are offered. It further notes the Government’s information that section 7 of resolution No. 708, which states that the jobseeker placed by PEAs enjoys several of the rights enumerated in Article 11 of the Convention which ensures protection for workers employed by PEAs as provided under paragraph 1, subparagraph (b), of the Convention. The rights encompassed in section 7 of resolution No. 708 are the rights of collective negotiation, minimum wage, job duration and job conditions, social security benefits and occupational safety and health. The Committee invites the Government to indicate if PEAs are permitted to provide services as described in Article 1, paragraph 1(b), of the Convention. Please also describe the measures taken to afford adequate protection to workers employed by PEAs in those areas set forth in subparagraphs (f), (i) and (j) of Article 11 of the Convention.

3. Article 7, paragraphs 2 and 3. Exceptions to the prohibition to charge fees or costs to workers. The Committee notes, that although stating that jobseekers are to be offered free services and no direct or indirect charges are to be imposed upon them, section 4 of resolution No. 708 nevertheless allows PEAs to charge workers for necessary administrative expenses. It further notes the Government’s statement that it has not authorized exceptions to Article 7, paragraph 1, of the Convention. The Committee invites the Government to specify the kind of administrative services for which workers may be required by agencies to pay fees and to indicate the reasons for authorizing such expenses and whether there is any control over the quantum of fees under resolution No. 708.

4. Article 8. Measures to provide adequate protection for workers and prevent abuses and fraudulent practices in their recruitment, placement and employment. The Committee notes the legal framework, including section 27 of resolution No. 708, which provides protection for and prevents abuses of migrant workers within Albania. It further notes the Government’s statement concerning the obligation of PEAs to conform with bilateral agreements between Albania and other countries and that PEAs have not been involved in the trafficking of human beings. The Committee requests information on the licences issued for the placement of Albanian citizens for employment abroad, and the extent to which protections are contemplated to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers in the issuing of such licences and on any bilateral agreements concluded to this end.

5. Articles 10 and 14, paragraph 3. Adequate machineries for the investigation of complaints and the application of remedies in case of violations. The Committee notes section 26 of resolution No. 708, requiring the Labour Inspection to carry out periodical inspections and to report violations to the Ministry of Labour and Social Affairs’ Licensing Commission, which issues, updates, suspends and revokes licences. The Government indicates that there have been no cases of complaints or claims of mistreatment. The Committee requests the Government to provide further information on the machinery and procedures for the investigation of complaints concerning PEAs, particularly on procedures for the investigation of workers’ complaints. Please supply examples of the operation of remedies and their particulars applied in cases of violations of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It understands that Decision No. 71 of 11 February 1999 has been repealed and replaced by resolution No. 708 of 16 October 2003. It requests the Government to provide a report for examination by the Committee at its next session containing copies of the laws and regulations which give effect to the Convention, as well as detailed replies to the matters raised in its 2002 direct request concerning the following points:

Article 7 of the Convention. Please indicate any laws or regulations ensuring that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

Article 8, paragraph 1. Please indicate the measures taken or envisaged to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in the national territory.

Article 8, paragraph 2. Please indicate whether the bilateral agreements contain terms which prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and the content of the terms.

Article 10. Please describe the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11. Please describe the measures taken or envisaged, in accordance with national legislation and practice, to ensure adequate protection for workers employed by private employment agencies in respect of access to training (paragraph (f)).

Article 12. Please indicate, for each of the items of this Article, the respective responsibilities of private employment agencies and user enterprises.

Article 13, paragraphs 1 and 2. Please describe the procedures for cooperation between the public employment service and private employment agencies and to indicate in particular the nature of the information exchanged.

Article 13, paragraph 4. Please specify the information which is made publicly available and the intervals at which this is done.

Part V of the report form. Please provide all information relevant to the practical application of the Convention, including, for example, extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2002 direct request, which read as follows:

The Committee notes the first detailed report sent by the Government on the application of the Convention, which covers the period ending in May 2001. It notes the various laws and regulations to give effect to the provisions of the Convention. It requests the Government to provide specific information on the following.

Article 7 of the Convention. The Committee notes article 19 of Decision No. 71 of the Council of Ministers (11 February 1999) under which the Minister of Finance and the Minister of Labour and Social Affairs are responsible for issuing ordinances to determine the rates of services offered by private employment agencies. It also notes that, according to the Government, all the services provided by private employment agencies are so far free of charge. Please indicate any laws or regulations ensuring that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

Article 8, paragraph 1. Please indicate the measures taken or envisaged to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in the national territory.

Article 8, paragraph 2. The Committee notes the provisions of article 15 of Decision No. 71 under which private employment agencies are required to apply bilateral agreements concluded between Albania and the governments of the countries concerned on the placement of Albanian citizens outside the national territory. Please indicate whether the bilateral agreements contain terms which prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and the content of the terms.

Article 10. Please describe the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11. Please describe the measures taken or envisaged, in accordance with national legislation and practice, to ensure adequate protection for workers employed by private employment agencies in respect of access to training (paragraph (f)).

Article 12. Please indicate, for each of the items of this Article, the respective responsibilities of private employment agencies and user enterprises.

Article 13, paragraphs 1 and 2. The Government indicates in its report that private employment agencies supply information to the public employment service in accordance with article 17 of Decision No. 71. The Committee indicates that, for the purpose of implementing the Convention, this Article of the Convention requires the public authorities to retain final authority for formulating labour market policy and utilizing or controlling the use of public funds earmarked for the implementation of that policy. In view of that circumstance, the Committee requests the Government to describe the procedures for cooperation between the public employment service and private employment agencies and to indicate in particular the nature of the information exchanged.

Article 13, paragraph 4. Please specify the information which is made publicly available and the intervals at which this is done.

Part V of the report form. Please provide all information relevant to the practical application of the Convention, including, for example, extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the first detailed report sent by the Government on the application of the Convention, which covers the period ending in May 2001. It notes the various laws and regulations to give effect to the provisions of the Convention. It requests the Government to provide specific information on the following.

Article 7 of the Convention. The Committee notes article 19 of Decision No. 71 of the Council of Ministers (11 February 1999) under which the Minister of Finance and the Minister of Labour and Social Affairs are responsible for issuing ordinances to determine the rates of services offered by private employment agencies. It also notes that, according to the Government, all the services provided by private employment agencies are so far free of charge. Please indicate any laws or regulations ensuring that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

Article 8, paragraph 1. Please indicate the measures taken or envisaged to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in the national territory.

Article 8, paragraph 2.  The Committee notes the provisions of article 15 of Decision No. 71 under which private employment agencies are required to apply bilateral agreements concluded between Albania and the governments of the countries concerned on the placement of Albanian citizens outside the national territory. Please indicate whether the bilateral agreements contain terms which prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and the content of the terms.

Article 10. Please describe the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11. Please describe the measures taken or envisaged, in accordance with national legislation and practice, to ensure adequate protection for workers employed by private employment agencies in respect of access to training (paragraph (f)).

Article 12. Please indicate, for each of the items of this Article, the respective responsibilities of private employment agencies and user enterprises.

Article 13, paragraphs 1 and 2. The Government indicates in its report that private employment agencies supply information to the public employment service in accordance with article 17 of Decision No. 71. The Committee indicates that, for the purpose of implementing the Convention, this Article of the Convention requires the public authorities to retain final authority for formulating labour market policy and utilizing or controlling the use of public funds earmarked for the implementation of that policy. In view of that circumstance, the Committee requests the Government to describe the procedures for cooperation between the public employment service and private employment agencies and to indicate in particular the nature of the information exchanged.

Article 13, paragraph 4. Please specify the information which is made publicly available and the intervals at which this is done.

Part V of the report form. Please provide all information relevant to the practical application of the Convention, including, for example, extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.