Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Albania

Convenio sobre el servicio del empleo, 1948 (núm. 88) (Ratificación : 2009)
Convenio sobre la política del empleo, 1964 (núm. 122) (Ratificación : 2009)
Convenio sobre las agencias de empleo privadas, 1997 (núm. 181) (Ratificación : 1999)

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).