Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 183) sur la protection de la maternité, 2000 - Albanie (Ratification: 2004)

Article 6(5) of the Convention. Conditions required to qualify for cash benefits. Further to its previous comment, the Committee notes the statistical data provided by the Government in its report, which shows that, despite the decrease in birth rates in Albania over the years, there has been an increase in the number of beneficiaries of maternity cash benefits, accompanied by an increase in the number of women in employment. In this context, the Committee encourages the Government to continue adopting measures with the aim of ensuring that the majority of women in employment, including those in atypical forms of employment, meet the requirements to qualify for maternity cash benefits under Article 6(5) of the Convention.

Article 6(2) and (6). Maternity benefits out of social assistance. The Committee notes that a series of reforms of social assistance programmes have been implemented (see the Reform of the economic assistance programme in Albania), which have resulted in the adoption of the new Act on Social Assistance No 57/2019 of 18 July, covering means-tested cash benefits for the vulnerable population, disability assistance, benefits for newborns (baby bonus), and benefits for caretakers of family members. In view of this, the Committee requests the Government to provide: (i) a copy of the new Act on Social Assistance No 57/2019; (ii) information concerning the level of cash benefits and the entitlement conditions to receive such benefits out of social assistance provided to women who have recently given birth and are not entitled to receive maternity cash benefits through the social insurance scheme; and (iii) statistical data on the number of women who received such benefits during the period under review.

Article 6(7). Maternity healthcare. The Committee takes note of Act No. 10383, of 24 February 2011, and its further amendments, providing for medical care in the context of pregnancy and childbirth, in line with Article 6(7) of the Convention.

Article 8. Employment protection. Application in practice. The Committee notes with interest the information provided by the Government regarding the amendments to the Labour Code, in its sections 105(a) and 107, which provide protection to women against unfair dismissal after childbirth and during maternity leave. The Committee also notes that, according to section 105(2), the burden of proof is on the employer to prove that the dismissal of a pregnant worker before the maternity leave is not based on pregnancy or maternity. In this context, the Committee requests the Government to provide information concerning measures adopted to ensure the reinstatement of women workers in the case of wrongful dismissal related to pregnancy and maternity, including the number and nature of complaints filed as well as judicial decisions and labour inspection reports in this regard.

Article 10. Nursing breaks. The Committee takes note of the amendments to the Labour Code, in its section 105(3), providing for measures to guarantee nursing breaks to women who are breastfeeding, according to Article 10 of the Convention.