Home Work Convention, 1996 (No. 177) - Albania (RATIFICATION: 2002)

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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.

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government’s report received in September 2020.

Promotion of telework. The Committee notes that the confinement and social distancing measures imposed around the world to mitigate the global health impact of the COVID-19 pandemic have given new impetus to teleworking in many countries. In this context, the Committee notes that, according to the information available on the “ILO COVID-19 and the world of work: Country policy responses” portal, the Government introduced new work arrangements, including the option of teleworking for carrying out various tasks, under Law No. 231 of 18 March 2020.The Committee requests the Government to provide specific information regarding the scope and implementation of teleworking arrangements introduced in light of the COVID-19 pandemic, including statistical information on the number of workers who have had recourse to this teleworking modality, disaggregated by age, sex and sector. Recalling that teleworking can be a useful means to allow access to employment to certain people who sometimes face greater obstacles to accessing the labour market (such as young people, women, persons with disabilities and older people), the Committee requests the Government to provide information on the impact of the telework modality provided for in Law No. 231 on access to employment, including for persons belonging to groups in a disadvantaged position in relation to the labour market.

Articles 1, 3 and 5 of the Convention. Definition of homeworker. National policy on home work. The Committee takes note of the Law no. 136/2015 of 5 December 2015 modifying the Labour Code, Law no. 7961 of 12 July 1995 (hereinafter “the amended Labour Code”). It notes with interest the section 15 of the amended Labour Code entitled “Home based-employment and telework” which, according to the government’s indication, was amended in consultation with the social partners and incorporate the definitions of homework and homeworker set out in the Convention. The Committee notes that this provision refers to two types of employment contracts. According to section 15 (1), under home-based employment contracts, the employee performs the work at home or in any other place determined in agreement with the employer, according to the conditions agreed in the employment contract. In this respect, the Government points to the detailed rules of home-based employment contracts provided in the Decision of the Council of Ministers No. 255 of 25 March 1996 “On the home-based employment contract”. The Committee further notes that, according to section 12(2), under telework contracts the employee performs the work at home or in another place as determined in agreement with the employer, by using information technology during working hours, according to the conditions agreed in the employment contract.The Committee reiterates its request that the Government provide information on the steps taken, in consultation with the social partners to discuss the adoption and implementation of a national home work policy, having also regard to the requirements of Articles 4 and 9 of the Convention.

Article 4. Equality of treatment. The Committee notes that, according to section 15(3) of the amended Labour Code, all of its provisions apply to homeworkers, including those related to contract formalities, the obligations of the parties to the contract, employment protection, termination of employment and trade union rights. The Committee notes, however, that the Labour Code excludes homeworkers from the scope of provisions on weekly hours of work and rest, overtime hours, work on public holidays and night work, as well as from the scope of provisions that regulate the right to compensation, including for extra hours worked or hours worked on Sunday or so-called “red letter” days. The Committee takes note of the Government’s indication that this exclusion does not mean that homeworkers do not have hours of work and rest, but rather that homeworkers manage their working time independently based on the tasks assigned and their delivery deadlines, which must be set out in the contract. In this regard, the Committee takes note of section 15(4) of the amended Labour Code, which provides that conditions for employees working at home or teleworking cannot be less favourable than those of other employees who perform the same or comparable work. With respect to telework, the Government indicates that employers are obligated to take measures to facilitate teleworking, including by providing the employee with the computer equipment necessary to perform the work, preventing isolation of the employee and creating conditions for interaction with other employees. The Committee recalls that the amount of work and deadlines to complete an assignment should not deprive homeworkers of the possibility to have daily and weekly rest comparable to that enjoyed by other workers (Recommendation No. 184, Paragraph 23). Noting that the objective of the Convention is to improve the living and working conditions of homeworkers, the Committee wishes to draw the attention of the Government to its General Survey on Promoting Employment and Decent work in a changing landscape, paragraphs 584 and 638, in which it stressed the need to ensure that homeworkers receive adequate remuneration and work reasonable hours.The Committee requests the Government to provide information on specific measures taken or envisaged with a view to promoting equality of treatment between homeworkers and other workers in relation to the eight areas provided for in Article 4(2).

Articles 7 and 9. Occupational safety and health. Enforcement measures. The Government indicates that the Inspectorate identifies cases of violations of the rights of home-based employees through a system of inspections and sanctions.The Committee requests the Government to provide information on the adoption of specific measures ensuring that national laws and regulations on safety and health at work apply to homework, taking account of its special characteristics. The Committee also requests the Government to indicate the types of work and substances that are prohibited in home work, if any, as provided for in Article 7 of the Convention. In addition, the Committee requests the Government to provide information concerning the number and outcomes of inspections carried out in relation to homeworkers, infringements observed and sanctions imposed.

CMNT_TITLE

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government's report received in September 2020.

Promotion of telework. The Committee notes that the confinement and social distancing measures imposed around the world to mitigate the global health impact of the COVID-19 pandemic have given new impetus to teleworking in many countries. In this context, the Committee notes that, according to the information available on the “ILO COVID-19 and the world of work: Country policy responses” portal, the Government introduced new work arrangements, including the option of teleworking for carrying out various tasks, under Law No. 231 of 18 March 2020. The Committee requests the Government to provide specific information regarding the scope and implementation of teleworking arrangements introduced in light of the COVID-19 pandemic, including statistical information on the number of workers who have had recourse to this teleworking modality, disaggregated by age, sex and sector. Recalling that teleworking can be a useful means to allow access to employment to certain people who sometimes face greater obstacles to accessing the labour market (such as young people, women, persons with disabilities and older people), the Committee requests the Government to provide information on the impact of the telework modality provided for in Law No. 231 on access to employment, including for persons belonging to groups in a disadvantaged position in relation to the labour market.

Articles 1, 3 and 5 of the Convention. Definition of homeworker. National policy on home work. The Committee takes note of the Law no. 136/2015 of 5 December 2015 modifying the Labour Code, Law no. 7961 of 12 July 1995 (hereinafter “the amended Labour Code”). It notes with interest the section 15 of the amended Labour Code entitled “Home based-employment and telework” which, according to the government’s indication, was amended in consultation with the social partners and incorporate the definitions of homework and homeworker set out in the Convention. The Committee notes that this provision refers to two types of employment contracts. According to section 15 (1), under home-based employment contracts, the employee performs the work at home or in any other place determined in agreement with the employer, according to the conditions agreed in the employment contract. In this respect, the Government points to the detailed rules of home-based employment contracts provided in the Decision of the Council of Ministers No. 255 of 25 March 1996 “On the home-based employment contract”. The Committee further notes that, according to section 12(2), under telework contracts the employee performs the work at home or in another place as determined in agreement with the employer, by using information technology during working hours, according to the conditions agreed in the employment contract. The Committee reiterates its request that the Government provide information on the steps taken, in consultation with the social partners to discuss the adoption and implementation of a national home work policy, having also regard to the requirements of Articles 4 and 9 of the Convention.

Article 4. Equality of treatment. The Committee notes that, according to section 15(3) of the amended Labour Code, all of its provisions apply to homeworkers, including those related to contract formalities, the obligations of the parties to the contract, employment protection, termination of employment and trade union rights. The Committee notes, however, that the Labour Code excludes homeworkers from the scope of provisions on weekly hours of work and rest, overtime hours, work on public holidays and night work, as well as from the scope of provisions that regulate the right to compensation, including for extra hours worked or hours worked on Sunday or so-called “red letter” days. The Committee takes note of the Government’s indication that this exclusion does not mean that homeworkers do not have hours of work and rest, but rather that homeworkers manage their working time independently based on the tasks assigned and their delivery deadlines, which must be set out in the contract. In this regard, the Committee takes note of section 15(4) of the amended Labour Code, which provides that conditions for employees working at home or teleworking cannot be less favourable than those of other employees who perform the same or comparable work. With respect to telework, the Government indicates that employers are obligated to take measures to facilitate teleworking, including by providing the employee with the computer equipment necessary to perform the work, preventing isolation of the employee and creating conditions for interaction with other employees. The Committee recalls that the amount of work and deadlines to complete an assignment should not deprive homeworkers of the possibility to have daily and weekly rest comparable to that enjoyed by other workers (Recommendation No. 184, Paragraph 23). Noting that the objective of the Convention is to improve the living and working conditions of homeworkers, the Committee wishes to draw the attention of the Government to its General Survey on Promoting Employment and Decent work in a changing landscape, paragraphs 584 and 638, in which it stressed the need to ensure that homeworkers receive adequate remuneration and work reasonable hours. The Committee requests the Government to provide information on specific measures taken or envisaged with a view to promoting equality of treatment between homeworkers and other workers in relation to the eight areas provided for in Article 4(2).

Articles 7 and 9. Occupational safety and health. Enforcement measures. The Government indicates that the Inspectorate identifies cases of violations of the rights of home-based employees through a system of inspections and sanctions. The Committee requests the Government to provide information on the adoption of specific measures ensuring that national laws and regulations on safety and health at work apply to home work, taking account of its special characteristics. The Committee also requests the Government to indicate the types of work and substances that are prohibited in home work, if any, as provided for in Article 7 of the Convention. In addition, the Committee requests the Government to provide information concerning the number and outcomes of inspections carried out in relation to homeworkers, infringements observed and sanctions imposed.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3 and 5 of the Convention. National policy on home work. Further to its previous comment, the Committee notes the Government’s reference to section 15(2) of the Labour Code (Law No. 7961 of 12 July 1995), as amended, which provides in general terms that homeworkers enjoy the same rights as employees working at enterprises. Considering that the legislation does not elaborate further than this single provision on home-based work, the Committee requests the Government to provide additional information on any consultations that may have so far been undertaken with the social partners in order to discuss the adoption and implementation of a national home work policy, having also regard to the requirements of Articles 6 and 9 of the Convention regarding the need to ensure equality of treatment between homeworkers and other wage earners and effectively protect homeworkers’ rights through a system of inspection and sanctions.

CMNT_TITLE

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 2013.

Repetition

Articles 3 and 5 of the Convention. National policy on home work. Further to its previous comment, the Committee notes the Government’s reference to section 15(2) of the Labour Code (Law No. 7961 of 12 July 1995), as amended, which provides in general terms that homeworkers enjoy the same rights as employees working at enterprises. Considering that the legislation does not elaborate further than this single provision on home-based work, the Committee requests the Government to provide additional information on any consultations that may have so far been undertaken with the social partners in order to discuss the adoption and implementation of a national home work policy, having also regard to the requirements of Articles 6 and 9 of the Convention regarding the need to ensure equality of treatment between homeworkers and other wage earners and effectively protect homeworkers’ rights through a system of inspection and sanctions.

CMNT_TITLE

Articles 3 and 5 of the Convention. National policy on home work. Further to its previous comment, the Committee notes the Government’s reference to section 15(2) of the Labour Code (Law No. 7961 of 12 July 1995), as amended, which provides in general terms that homeworkers enjoy the same rights as employees working at enterprises. Considering that the legislation does not elaborate further than this single provision on home-based work, the Committee requests the Government to provide additional information on any consultations that may have so far been undertaken with the social partners in order to discuss the adoption and implementation of a national home work policy, having also regard to the requirements of Articles 6 and 9 of the Convention regarding the need to ensure equality of treatment between homeworkers and other wage earners and effectively protect homeworkers’ rights through a system of inspection and sanctions.

CMNT_TITLE

Articles 3 and 5 of the Convention. National policy on home work. As the Government’s report does not contain any new information on this point, the Committee reiterates its request for information on any progress towards the formulation and adoption of a national policy on home work in consultation with the social partners.

Article 4(f). Equality in access to training. The Committee requests the Government to provide further explanation as to how equality of treatment between home workers and other wage earners is guaranteed with respect to access to vocational training.

Article 6. Statistics. The Committee notes the Government’s indication that as of 2001, the labour inspection services have started collecting statistics on home work. It also notes the limited statistical information communicated by the Government, limited to four inspected units. The Committee requests the Government to provide more comprehensive data on the extent of home work, if possible, broken down by age, gender and type of economic activity.

Article 9(1). Labour inspection. The Committee notes the adoption of Act No. 10433 of 16 June 2011 on inspection. It notes, in particular, that contrary to Act No. 9634 of 30 October 2006 on Labour inspection and State Labour Inspectorate, which authorized labour inspectors to enter private residences if there were enough indices and legal reasons, the new Act no longer empowers labour inspectors to do so. However, Act No. 10433 of 2011 does not expressly repeal Act No. 9634 of 2006. The Committee therefore requests the Government to clarify whether Act No. 9634 of 2006 is still in force and to provide more detailed information on practical arrangements for the supervision and control of home work.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide all available information concerning the manner in which the Convention is applied in practice, including the number of workers covered by measures giving effect to the Convention and inspection results showing any infringements of the relevant legislation.

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Articles 3 and 5 of the Convention. National policy on home work. The Committee notes the Government’s statement that a national policy on home work aimed at improving the situation of homeworkers has not yet been adopted. It recalls that Article 3 of the Convention specifically requires the adoption, implementation and periodical review of such a policy with a view to adapting labour and employment laws and practices to the special characteristics of home work and the specific needs of homeworkers. The Committee accordingly requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy on home work, in consultation with the most representative organizations of employers and workers.

Article 4(f). Equality of treatment. Access to training. The Committee notes that the Labour Code (Act No. 7961 of 12 July 1995), as amended, appears to contain no provisions specifically regulating the vocational training of workers, but understands that the Instruction of the Ministry of Education and Science No. 40 of 17 October 2007 deals with matters related to vocational education and training. It therefore requests the Government to transmit a copy of the Vocational Education and Training Instruction, and to provide additional explanations on any training programmes specifically designed for homeworkers.

Article 6. Statistics on home work. The Committee notes the Government’s indication that, at present, there are no statistical data available specifically on home work and homeworkers. In this connection, the Committee recalls that detailed information on all aspects of homeworking, including data classified by sex or age, is a necessary prerequisite for the formulation and implementation of a national policy on home work. The Committee therefore requests the Government to make every possible effort to put into place suitable arrangements for the collection of reliable statistical data on the extent and characteristics of home work.

Article 7. Coverage of the occupational safety and health legislation. The Committee would appreciate receiving a copy of the Decision of the Council of Ministers No. 100 of 3 February 2008 on hazardous substances, to which the Government refers in its report.

Article 9, paragraph 1. Labour inspection. The Committee notes that section 13(1) of Act No. 9634 of 30 October 2006 on Labour Inspection and State Labour Inspectorate provides that the labour inspector equipped with the legitimacy card is authorized to enter the workplaces of every subject, except for the residence, without prior notice at any hour of the day or night, whereas section 13(2) provides that the labour inspector is authorized to enter the location that serves as private residence if there are enough indices or legal reasons provided that the General Inspector is duly informed. Recalling that the Convention requires a system of inspection consistent with national law and practice concerning respect for privacy, the Committee requests the Government to provide more detailed information on the supervision and control of home work and any particular enforcement measures that may have been adopted in this respect.

Part V of the report form. Application in practice. The Committee requests the Government to continue supplying information on the practical application of the Convention, including, for instance, copies of official surveys or annual reports of agencies and institutions monitoring developments on homeworking, inspection results specific to home work, up to date statistics on the number of homeworkers, labour market trends with special reference to home work, etc.

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The Committee notes that, by letter dated 23 September 2004, the Government has provided summary information on the provisions of the Labour Code dealing with home work. It also notes that, further to the letter sent by the Office on 16 November 2004, the Government has indicated the names of the employers’ and workers’ organizations to which a copy of the Government’s report has been communicated. However, the Committee draws the Government’s attention to the fact that the first report following the ratification of a Convention should be prepared according to the report form adopted by the Governing Body of the ILO. The Government is therefore requested to submit a detailed report containing full information on each of the provisions of the Convention and on each of the specific questions set out in the abovementioned report form in order to enable the Committee to properly examine the application of the Convention in national law and practice. The Committee would also appreciate receiving copies of the Decree of the Council of Ministers No. 255 of 25 March 1996 on contract of work at home, and of the Decree of the Council of Ministers No. 254 of 25 March 1996 on work contract of trade agents to which reference is made in the Government’s report.