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

Convention (n° 138) sur l'âge minimum, 1973 - Albanie (Ratification: 1998)

Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement, in its report, that the Ministry of Health and Social Protection (MoHSP) continues to design policies and programmes for the rights and protection of children, focusing its work on creating an effective system that guarantees the rights of children and ensures their safety against all forms of violence and exploitation. In this regard, the Committee takes note of the information shared by the Government on the measures taken, such as the inclusion of issues for the protection of children from economic exploitation in the National Agenda for Children’s Rights 2021–26. For instance, measures are planned for the establishment and deployment of field teams, with the aim of identifying, referring and managing the cases of economically exploited children.

In this regard, the Committee notes, that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 2023, welcomed the adoption of various policies and strategy plans for the protection of children. However, it recommended that the Government strengthen the legal and policy framework to protect children from economic exploitation, and address child labour in the agricultural, mining, construction and garment and footwear sectors and in the context of domestic labour and begging (CRC/C/ALB/CO/5-6, paragraphs 6 and 41). While taking note of some measures taken by the Government, the Committee requests it to intensify its efforts to ensure the progressive elimination of child labour in all economic activities. The Committee requests the Government to provide information on the impact of the National Agenda for Children’s Rights 2021–26 in this regard, as well as on any other concrete measures taken and the results achieved. It further requests the Government to provide updated statistical data on the employment and work of children and young persons, disaggregated by age and sex.

Article 2(1). Scope of application and labour inspection. Self-employed children and children working in the informal sector. Following its previous comments, the Committee notes the Government’s detailed information on the efforts it continues to make to strengthen the system of the State Labour Inspectorate and Social Services (SLISS), including in relation to child labour, both in the formal and informal sectors. In particular, the Committee takes note of the information on the three digital platforms with which labour inspectors currently work and which are essential in supporting the quality and efficiency of the inspection process (the “E-Inspection” platform; the Penalty Matrix system (MPS); and the Risk Analysis System (RAS)).

The Committee further notes the Government’s information regarding the adoption of Instruction No. 41 of 2022 “On the procedures of employment of children after findings”. This Instruction aims to assist labour inspectors in assessing, in situations of employment of children and young persons, whether the work performed is prohibited due to long hours, inappropriate terms and conditions, exaggerated risks or the inappropriate nature of the work, based on the legal acts that regulate the employment of this category of workers. The Instruction also provides guidance for inspectors in reviewing applications from employers seeking to employ young persons pursuant to the form on “Authorization for the Employment of Minors”.

In addition, the Committee also notes the Government’s information on the enhanced institutional cooperation between the SLISS and other law-enforcement authorities and national or international organizations, aimed to strengthen monitoring mechanisms to increase labour inspection activities in the informal economy. This includes cooperation with the General Tax Directorate (GTD) and the National Registering Centre (NRC) that has led to an expanded coverage of workplaces receiving inspection services for the first time, reaching 22.3 per cent of the planned targets, with 32.4 per cent of the violations detected in the informal economy.

The Committee takes note of the statistics shared by the Government regarding the employment of children. From January to December 2022, 171 children were found by labour inspectors to be employed in various sectors, the most important of which being wholesale and retail trade/hotels, bars and restaurants (134 children), followed by manufacturing and enterprise (34 children). Ten breaches of labour laws relating to child employment were recorded, with most concerning various violations of employment conditions requirements, and two more particularly regarding child labour (one child under the age of 18 was found employed in night work, and one child of 14 was found engaged in work prohibited to children under the age of 16). From January to December 2023, 215 children were found in employment (152 in wholesale and retail trade/hotels, bars, restaurants; 52 in manufacturing/enterprises; 11 in other activities). Violations included the employment of minors under 18 in night work, the employment of minors without authorization, and the employment of children under 15 in cultural, artistic, sports or advertising activities without prior authorization. The Committee requests the Government to continue to take measures to strengthen the capacity of labour inspectors with a view to allowing them to better monitor and identify cases of child labour in both the formal and informal sectors. It requests the Government to provide information on: (i) any measures taken or envisaged to strengthen inspections in sectors of the economy where child labour violations have not yet been detected, such as the agricultural and mining sectors; and (ii) how the SLISS identifies the planned targets which shall receive inspection services. Finally, the Committee requests the Government to continue to provide statistical information on the total number and nature of violations detected by the SLISS in relation to children engaged in child labour, including in the informal economy, as well as on the penalties applied.