Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre la edad mínima, 1973 (núm. 138) - Albania (Ratificación : 1998)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee had previously noted that the Government undertook several programmes in cooperation with ILO/IPEC aimed at preventing and eliminating child labour in Albania. In particular, it had noted the Government’s indication that the Ministry of Labour and Social Affairs (MLSA), together with ILO/IPEC, established a two-phase project with the long-term objective of eliminating child labour in Albania. The National Steering Committee established under the said project would continue to lead the political process on the elimination of child labour and take the required steps to ensure the efficient implementation of programmes in the field.

The Committee notes with interest the Government’s information that, in the framework of the ILO/IPEC Programme “Development of a National Plan on the Elimination of Child Labour in Albania”, the Child Labour Unit (CLU) of the MLSA has implemented various action plans. In particular, the action plan “Enhancing the capacity of the MLSA in combating the problem of child labour in Albania” contributed to the progressive elimination of child labour through increasing the institutional capacity of the CLU to plan, coordinate and implement the child labour-related policies programmes. This plan also contributed to increasing the skills of the labour inspectors of the MLSA to monitor child labour. Moreover, under the action plan “Enhancing the capacity of labour inspectors to combat the worst forms of child labour in Albania”, 20 labour inspectors were trained on child labour issues. Another 75 labour inspectors were trained more specifically on identifying and monitoring the worst forms of child labour. Finally, under the action plan “Child Labour Monitoring System (CLMS) in Albania”, which aims at eliminating the worst forms of child labour through the CLMS, three CLMS local action committees (LACs) were set up in Tirana, Berat and Kiorca, composed of the heads of municipalities, labour inspectors, social welfare officers, education officers, trade unions, employment officers and the police. These LACs have the following objectives: (a) identifying working children and the risks to which they are exposed; (b) providing working children and children at risk of being involved in the worst forms of child labour with rehabilitative services; and (c) tracking those children to verify that they are removed from child labour, including its worst forms, and that they have access to satisfactory alternatives. As a result of this plan, 300 working children and children at risk were identified and referred to the LACs in the three abovementioned districts. Out of the 300 children, 223 were prevented and 77 withdrawn from child labour, including its worst forms. The Committee also notes the Government’s information that the Children’s National Strategy, approved on 31 May 2005, and its action plan, include among their main objectives: (a) protecting children from all forms of child labour and providing them with rehabilitative services; and (b) improving the quality of education and raising primary-school attendance.

Article 2, paragraph 1. Self-employment. The Committee had previously noted that section 3(1) of the Labour Code is applicable to an employment contract, which is defined as an agreement regulating the work relations between employers and employees. It had observed, therefore, that the Labour Code appears to exclude self-employment from its scope of application. The Committee once again requests it to indicate any measures taken or envisaged to ensure the application of the Convention to all types of work, including self-employment.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had previously noted that section 100(2) of the Labour Code provides that young persons from 16 years of age may be employed in difficult or hazardous work, under conditions determined by decree, which will limit the working hours and may regulate the working conditions. Regarding working hours, it had noted that section 78(3) of the Labour Code provides that employees under the age of 18 years may only work up to six hours a day. It had also noted, however, that, according to section 5 of Decree No. 384 of 20 May 1996 on the protection of minors at work, working hours in cases of difficult or hazardous work are limited to a maximum of eight hours a day. The Committee had observed the inconsistency between these two provisions. The Committee notes that the Government has not provided any information on this point. The Committee urges the Government to indicate in its next report the measures taken or envisaged to ensure that young persons between 16 and 18 years of age performing hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention, and to specify if the organizations of employers and workers have been consulted on the matter.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that, in accordance with section 98(2) of the Labour Code, young persons under the age of 14 years engaged in vocational training activities or orientation are subject to rules defined by decree. It had further noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205 of 2002, minors under 14 years of age may be engaged in the vocational training system under authorization of the State Labour Inspectorate. The Committee notes that the Government provides no information regarding apprenticeship and, more specifically, on the minimum age for entering an apprenticeship programme. It recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme. The Committee requests the Government to provide information on the minimum age for entering an apprenticeship programme.

Article 7, paragraph 3. Determination of types of light work. The Committee had previously noted that section 99(2) of the Labour Code provides that light work will be determined by a decree, which will also determine the maximum working hours and may regulate working conditions. It notes the Government’s information that, while the Labour Code allows children between 14 and 16 years to engage in “easy jobs” during school breaks, there are no criteria set up in the Labour Code for what constitutes “easy jobs”. It also notes the Government’s information that no decree pursuant to section 99(2) of the Labour Code has been adopted yet. The Committee reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work is permitted. It once again requests the Government to provide information on the measures taken or envisaged in respect of provisions which would determine light work activities which may be undertaken by young persons from 14 years and above, in conformity with Article 7, paragraph 3, of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the information communicated by the Confederation of Trade Unions of Albania (CTUA) dated 30 September 2004, young persons under the minimum age are widely employed to do heavy and hazardous work. It notes that, according to the Government’s communication in reply to the CTUA’s allegations, dated 5 May 2005, as a result of different inspections practiced by the state labour inspectorate and by the unit working for the project for eliminating child labour, no cases of children performing heavy work dangerous for their health were detected. The Committee notes that, according to the final report of the ILO/IPEC project “Development of a National Programme on Elimination of Child labour in Albania” of 28 January 2007, a national survey on child labour and research on several specific forms of child labour were carried out. The Committee requests the Government to provide with its next report a copy of the national survey on child labour and on the research conducted on this issue in the framework of the ILO/IPEC “Development of a National Programme on Elimination of Child labour in Albania”.