Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Albania (RATIFICATION: 1957)

CMNT_TITLE

Previous comment

The Committee notes with regret that the Government has still not provided its comments on the observations of the International Trade Union Confederation (ITUC) submitted in 2019 and concerning, in particular, allegations of anti-union discrimination in an energy company, a footwear company and a public agency. The Committee reiterates its call for the Government to provide its comments in this respect.

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to provide detailed information on the cases of anti-union discrimination resolved or pending before the Commissioner for Protection against Discrimination (CPD) or the Court and to specify the duration of the proceedings and their specific outcomes.

The Committee notes the detailed information provided by the Government with respect to 14 cases of alleged discrimination against trade union members or trade union representatives examined by the CPD between January 2020 and February 2023. In this respect, the Committee notes the Government’s indications that: (i) the CPD found that discrimination was established in five cases; (ii) in these five cases the decisions were challenged before the courts, the CPD resolutions being upheld in three instances while two cases still being pending; (iii) discrimination was not found in seven cases; (iv) the examination of two complaints was suspended by the CPD pending related judicial decisions. The Committee takes due note of this information. It notes, in particular, that the CPD was, on average, able to pronounce itself within eight months and that its decisions included, inter alia the reinstatement of dismissed workers. At the same time, the Committee observes however that no information was provided on cases of anti-union discrimination that may have been filed directly before the courts. With a view to being able to evaluate the effectiveness of the mechanisms in place the Committee therefore requests the Government to continue providing information on cases of alleged anti-union discrimination addressed both by the CPD and the Courts and to specify the duration of the proceedings and their specific outcomes.

Article 4. Promotion of collective bargaining. In its previous comments, noting that section 161 of the Labour Code provides that a collective agreement can only be concluded at the enterprise or branch level and that no collective agreements had been concluded at the national level, the Committee had requested the Government to take measures to promote voluntary collective agreements at all levels, including at national level, and to provide information on the measures taken and their impact on the promotion of collective bargaining.

In this respect, the Committee notes the Government’s indications that: (i) no collective agreements have been concluded between the Government and workers and employers’ representatives at the national level; (ii) between 2019 and 2023 a final total of 24 collective agreements at the level of branch/profession were concluded. The sectors covered by these collective contracts are in the field of the extraction and processing industry, electricity, agri-food, services, tourism, public order, professional education and health; (iii) in the public sector, 75 per cent of employees are covered by collective agreements, while in the private sector, 25 per cent of employees are covered by collective agreements; (iv) the collective agreement of the health sector has been registered in 2021 and is in force until 2024; and (v) the low level of coverage of collective bargaining in the private sector is the consequence of both the weak presence of unions in private companies and the lack of dialogue of employers towards trade unions.

The Committee also notes the information provided by the Government concerning: (i) the recognition by the National Employment and Skills Strategy 2023 – 2030 of the importance of collective agreements as a unique mechanism for regulating working conditions and employment conditions and of the need to strengthen collective bargaining in sectors characterized by a high level of employment and by workers’ vulnerability; (ii) the planned tripartite national seminar, with the ILO support, on collective bargaining, and friendly resolution of disputes; (iii) the plans to expand the range of services available with respect to, conflict prevention and the promotion of collective bargaining; and (iv) the creation of a tripartite working group to determine the necessary legal and institutional changes to be adopted for this purpose. The Committee welcomes these different initiatives and prospects andinvites the Government to: (i) take further measures to promote collective bargaining at all levels including at the national level when the parties so decide, and to revise article 161 of the Labour Code in this regard; (ii) inform about the specific action taken to effectively promote collective bargaining in the private sector, in particular with respect to sectors with a high proportion of vulnerable workers.

The Committee recalls that the Government may continue to avail itself of the ILO technical assistance.

CMNT_TITLE

The Committee takes note of the Government’s comments in reply to the observations of the International Trade Union Confederation (ITUC), received in 2020, denouncing anti-union discrimination acts in the mining sector, in particular against the chairperson of the Trade Union of United Mineworks of Bulquiza (TUUMB), and alleging the lack of adequate protection against anti-union discrimination. The Committee observes that these matters are being examined by the Committee on Freedom of Association (Case No. 3388). Noting that the Government has not provided its comments on the ITUC’s observations received in 2019, which alleged lack of adequate protection against anti-union discrimination and severe obstacles to collective bargaining, the Committee once again requests it to provide its comments in this respect.

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee had observed that despite the Labour Code providing for remedies in cases of anti-union discrimination, in the absence of a special jurisdiction, labour disputes were brought before ordinary courts, considerably delaying the procedures. The Committee had therefore requested the Government to provide detailed information on the practical application of the remedies for anti-union discrimination set out in the law, in particular the availability and use of any applicable enforcement mechanisms, such as judicial actions before the courts, and the duration of proceedings. The Committee notes the information provided by the Government according to which: (i) under section 9 of the Labour Code, issues of discrimination in employment and occupation are also regulated by Act on Protection from Discrimination (No. 10221 of 2010), as amended by Act No. 124 of 2020; (ii) this Act establishes the rules of proceeding for complaints against acts of discrimination before the Commissioner for Protection against Discrimination (CPD) (sections 33 and 33/1), which is an independent administrative authority, and before the court (sections 34 to 38); (iii) the amendments introduced by Act No.124 strengthen the effectiveness of the proceedings before the CPD; and (iv) in 2020, the Court System registered the existence of nine cases of discrimination, three of which gave rise to court rulings.

The Committee takes due note of this information. It also notes that the rules of procedure before both the CPD and the Court provide for an adjustment of the burden of proof in cases of alleged discrimination. At the same time, the Committee observes that the information provided by the Government on the cases of discrimination recorded by the judicial system does not indicate the nature of such cases and whether some of them refer or not to allegations of anti-union discrimination. The Committee therefore requests the Government to provide detailed information on the cases of anti-union discrimination resolved or pending before the CPD or the Court and to specify the duration of the proceedings and their concrete outcome.

Article 4. Promotion of collective bargaining. In its previous comments, noting that section 161 of the Labour Code provides that a collective agreement can only be concluded at the enterprise or branch level and that no collective agreements had been concluded at the national level, the Committee had requested the Government to continue providing information on the measures to promote collective bargaining at all levels, including at the national level. In this respect, the Committee notes the Government indications that: (i) no collective agreements have been concluded between the Government and workers and employers’ representatives at the national level; (ii) between 2019 and 2020 a final total of 20 collective agreements were concluded in the tourism, food, energy and oil sectors, covering 15 per cent of workers in the private sector; those agreements still being in force as their term is from 3 to 4 years; and (iii) one collective agreement in the health sector has been registered in 2021. Recalling that Article 4 of the Convention encourages and promotes the conclusion of bipartite collective agreements on terms and conditions of employment at all levels, the Committee regrets that no amendments have been made to section 161 of the Labour Code. The Committee therefore encourages the Government to take further measures to promote collective bargaining including at the national level when the parties so desire. It further requests the Government to continue providing information on the number of collective agreements that have been concluded and that are in force, the sectors covered, and the percentage of workers covered.

CMNT_TITLE

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 16 September 2020, denouncing anti-union discrimination acts in the mining sector, in particular the anti-union dismissal of the chairman of the Trade Union of United Mineworks of Bulquiza (TUUMB) following the establishment of the union. The Committee further notes that the ITUC alleges the lack of adequate protection against anti-union discrimination. Recalling that in its 2019 observations the ITUC had raised similar allegations, as well as severe obstacles to collective bargaining, the Committee requests the Government to ensure that all allegations of anti-union discrimination are subject to swift and effective investigations by an independent body and to provide its comments on the 2019 and 2020 ITUC observations.

The Committee notes with regret that the Government has not provided its report, due in 2019, and therefore urges the Government to send it before its next meeting. The Committee observes however that the Government’s reports on the application of Labour Relation (Public Service) Convention, 1978 (No. 151) and Collective Bargaining Convention, 1981 (No. 154) provide information relevant to the application of the present Convention, which is therefore taken into consideration for the present observation.

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee had observed that despite the Labour Code providing for remedies in cases of anti-union discrimination, in the absence of a special jurisdiction, labour disputes were brought before ordinary courts, considerably delaying the procedures. On that occasion, the Committee had recalled that the existence of general legal provisions prohibiting acts of anti-union discrimination was insufficient unless they were accompanied by effective and rapid procedures to ensure their application in practice and urged the Government to take all necessary measures to ensure that adequate enforcement mechanisms be set up and operationalised expeditiously. While welcoming the fact that the Labour Code, as amended by law no. 136/2015: (i) recognizes union membership as a ground of discrimination (section 9 of the Labour Code) and; (ii) extends the protection provided to trade union representatives to one year after the expiration of their mandate (section 181 of the Labour Code), the Committee understands, based on the information provided by the Government in its report under Convention No. 151, that these amendments to the Labour Code have not modified the existing enforcement mechanisms to ensure access to more effective and rapid procedures against acts of anti-union discrimination. Bearing particularly in mind the reiterated ITUC denunciations of serious acts of anti-union discrimination and the alleged lack of adequate protection, the Committee requests the Government to inform of any development in this regard. It requests the Government to provide detailed information on the practical application of the remedies for anti-union discrimination set out in the law, in particular the availability and use of any applicable enforcement mechanisms, such as judicial actions before the courts, and the duration of proceedings. 

Article 4. Promotion of collective bargaining. In its previous comments, noting that section 161 of the Labour Code provides that a collective agreement can only be concluded at the enterprise or branch level and that no collective agreements had been concluded at the national level, the Committee had invited the Government to pursue its efforts to promote voluntary collective agreements at all levels, including at national level, and to provide information on any measures taken and their impact on the promotion of collective bargaining. The Committee notes with interest that the Labour Code, as amended, provides for, in the context of the collective bargaining process, the right of trade union representatives to receive information from the employer on all matters related to the negotiations within a week (section 163/2). The Committee further notes the Government's indication, included in its report under Convention No. 154, that: (i) a national database for collective agreements, trade unions and collective disputes, established in December 2019 with the support of the Office, will be accessible to various government agencies, and that it will assist public authorities in designing policy measures aimed at promoting collective bargaining and implementing best practices; (ii) between 2019 and 2020, 16 collective agreements were concluded in the tourism, food, energy and oil sectors, covering 10 per cent of workers in the private sector; and (iii) the number of collective agreements reported by the Government may be influenced by the failure of private employers to file collective agreements at the corresponding labour offices, despite the legal obligation to do so arising from section 167 of the Labour Code. While taking due note of the information provided by the Government, the Committee observes however that no indication was made by the Government regarding the conclusion of collective agreements at the national level and that no amendments have been made to section 161 of the Labour Code. The Committee therefore requests the Government to continue providing information on any further measures adopted or envisaged to promote collective bargaining including at the national level when the parties so desire. It further requests the Government to continue providing information on the number of collective agreements that have been concluded and that are in force, the sectors covered, and the percentage of workers covered.

CMNT_TITLE

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which allege violations of the Convention, in particular lack of adequate protection against anti-union discrimination and severe obstacles to collective bargaining. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee, while noting the remedies provided for in cases of anti-union discrimination in sections 146(3), 202(1), 181(4) and 146(3) of the Labour Code (compensation; fine; prior union consent; reinstatement of public administration employees), had regretted that, in the absence of special tribunals, it allegedly took three years to review such cases in court. The Committee had urged the Government to take all necessary measures to establish appropriate enforcement mechanisms without further delay and had requested information on the status of the legal initiative concerning arbitration. The Committee notes that the Government indicates that the Ministry of Justice is examining this issue and that a draft law on international arbitration is currently under consideration. Recalling that the existence of general legal provisions prohibiting acts of anti-union discrimination is insufficient unless they are accompanied by effective and rapid procedures to ensure their application in practice, the Committee urges the Government to take all necessary measures to ensure the expeditious set up and operation of adequate enforcement mechanisms. The Committee requests the Government to inform of any development in this regard and to provide detailed information on the practical application of the remedies for anti-union discrimination set out in the law, in particular the availability and use of any applicable enforcement mechanisms, such as labour courts, and the duration of proceedings.

Article 4. Promotion of collective bargaining. Noting in its previous comments that under section 161 of the Labour Code, collective agreements may be concluded at enterprise or branch level, and that according to the Government no collective agreements at national level had yet been concluded, the Committee had asked the Government to pursue its efforts to make bargaining possible at the national level in conformity with the national law and practice, in particular by mobilizing tripartite forums such as the National Labour Council (NLC). The Committee notes that the Government states that promotion of collective agreements is a priority and that, in this context, a number of measures have been taken to improve the legal framework, including Act No. 136 of 5 December 2015 on some supplements and amendments to the Labour Code. However, the Government notes that further work and continued efforts are still needed to foster collective bargaining at all levels, including the national level. The Committee invites the Government to pursue its efforts to promote voluntary collective bargaining at all levels, including at national level, when the parties so desire, and recalls that it may avail itself of the technical assistance of the Office. The Committee requests the Government to provide information on any measures taken and their impact on the promotion of collective bargaining, as well as on the number of collective agreements concluded, specifying the level and percentage or number of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee, while noting the remedies provided for in cases of anti-union discrimination in sections 146(3), 202(1), 181(4) and 146(3) of the Labour Code (compensation; fine; prior union consent; reinstatement of public administration employees), had regretted that, in the absence of special tribunals, it allegedly took three years to review such cases in court. The Committee had urged the Government to take all necessary measures to establish appropriate enforcement mechanisms without further delay and had requested information on the status of the legal initiative concerning arbitration. The Committee notes that the Government indicates that the Ministry of Justice is examining this issue and that a draft law on international arbitration is currently under consideration. Recalling that the existence of general legal provisions prohibiting acts of anti-union discrimination is insufficient unless they are accompanied by effective and rapid procedures to ensure their application in practice, the Committee urges the Government to take all necessary measures to ensure the expeditious set up and operation of adequate enforcement mechanisms. The Committee requests the Government to inform of any development in this regard and to provide detailed information on the practical application of the remedies for anti-union discrimination set out in the law, in particular the availability and use of any applicable enforcement mechanisms, such as labour courts, and the duration of proceedings.

Article 4. Promotion of collective bargaining. Noting in its previous comments that under section 161 of the Labour Code, collective agreements may be concluded at enterprise or branch level, and that according to the Government no collective agreements at national level had yet been concluded, the Committee had asked the Government to pursue its efforts to make bargaining possible at the national level in conformity with the national law and practice, in particular by mobilizing tripartite forums such as the National Labour Council (NLC). The Committee notes that the Government states that promotion of collective agreements is a priority and that, in this context, a number of measures have been taken to improve the legal framework, including Act No. 136 of 5 December 2015 on some supplements and amendments to the Labour Code. However, the Government notes that further work and continued efforts are still needed to foster collective bargaining at all levels, including the national level. The Committee invites the Government to pursue its efforts to promote voluntary collective bargaining at all levels, including at national level, when the parties so desire, and recalls that it may avail itself of the technical assistance of the Office. The Committee requests the Government to provide information on any measures taken and their impact on the promotion of collective bargaining, as well as on the number of collective agreements concluded, specifying the level and percentage or number of workers covered.

CMNT_TITLE

The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC) concerning issues already being raised by the Committee.

Article 1 of the Convention. Effective protection of workers against acts of anti-union discrimination. In its previous comments, the Committee, while noting the remedies provided for in cases of anti-union discrimination in sections 146(3), 202(1), 181(4) and 146(3) of the Labour Code (compensation; fine; prior union consent; reinstatement of public administration employees), had regretted that arbitration tribunals had not yet become operational and that it allegedly took three years to review such cases in court. The Committee had urged the Government to take all necessary measures to establish the arbitration tribunal and labour court provided for in the Labour Code without further delay and had requested information on the status of the legal initiative concerning arbitration. The Committee notes that, according to the Government, the Act on the organization and functioning of administrative courts and the trial of administrative disputes (No. 49 of 2012) provides for the settlement in a shorter period of disputes related to employment relationships where the employer is a public administration body; in this regard, the Committee observes that sections 3 and 25 of this act seek to accelerate the procedure. The Committee also notes the Government’s indication that, in the framework of the drafting of the bill on local and foreign arbitration by the Ministry of Justice, the Ministry of Labour shall contribute in order to reflect the recommendations of the Committee. Recalling that the existence of general legal provisions prohibiting acts of anti-union discrimination is insufficient unless they are accompanied by effective and rapid procedures to ensure their application in practice, the Committee expects that the bill concerning arbitration will be adopted in the very near future and requests the Government to supply copies of the Act once adopted. It urges the Government to take all necessary measures to ensure that the arbitration tribunal as well as the labour court provided for in the Labour Code will be set up in an expeditious manner. Furthermore, the Committee notes the Government’s statement that the bill on the review of the Labour Code now provides for the remedy of reinstatement with respect to employees of the private sector.

Article 4. Promotion of collective bargaining. Noting in its previous comments that under section 161 of the Labour Code, collective agreements may be concluded at enterprise or branch level, and that according to the Government no collective agreements at national level had yet been concluded, the Committee had asked the Government to pursue its efforts to make bargaining possible at the national level in conformity with the national law and practice, in particular by mobilizing tripartite forums such as the National Labour Council (NLC). The Committee notes that the Government states that the Ministry of Labour has been continuously committed to the strengthening of social dialogue through discussions on this issue (separately or within the activities of the NLC), participation and referral in various activities or seminars, etc. The Committee invites the Government to pursue its efforts to render voluntary collective bargaining possible at all levels, including at national level, when the parties so desire.

CMNT_TITLE

The Committee notes the Government’s reply to the 2009 comments made by the Confederation of Trade Unions of Albania (CTUA). Furthermore, the Committee notes the comments made by the International Trade Union Confederation (ITUC) in its communication dated 4 August 2011.

Article 1 of the Convention. Protection of workers against acts of anti union discrimination. In its previous comments, the Committee, noting the CTUA comments regarding cases of anti-union dismissals and related legislative shortcomings, reminded the Government that the Convention prescribes adequate protection against acts of anti-union discrimination and invited the Government to join forces with the social partners to examine the matter of remedies for anti-union dismissals. The Committee notes that the Government refers in its report to several provisions of the Labour Code setting forth measures concerning protection of trade union rights. The Committee observes that section 146(3) of the Labour Code provides, in cases of anti-union discrimination, for compensation of up to the wage of one year, and section 202(1) for a fine of up to 50 times the minimum wage; that the termination of a union official requires the prior consent of the relevant workers’ organization (section 181(4)); but that the remedy of reinstatement is only made available to public administration employees (section 146(3)). The Committee also notes that the ITUC reports that, according to the CTUA, anti-union behaviour is widespread and includes dismissals, transfers, demotions and wage cuts and the law does not allow the victims to obtain reinstatement in their jobs. While it is understood that systems providing for preventive measures (such as prior authorization), sufficiently dissuasive sanctions or reinstatement, are deemed to be compatible with the Convention, the Committee notes with regret that, although it had previously urged the Government to take all necessary steps without delay to establish the arbitration tribunal and labour court provided for in the Labour Code, the Government indicates that arbitration tribunals have not yet become operational in practice. The Committee notes the Government’s statement that the Ministry of Justice has planned to undertake the legal initiative of drafting the new law on arbitrage, which will be accompanied by the relevant procedures of the Civil Procedure Code, and that work has started for drafting this initiative. The Committee also notes that the ITUC reports that, according to Albanian trade unions, courts are overloaded and that it takes around three years to review cases of anti-union harassment. Recalling once again that the existence of general legal provisions prohibiting acts of anti-union discrimination is not enough unless they are accompanied by effective and rapid procedures to ensure their application in practice, and highlighting that justice delayed is justice denied, the Committee urges the Government to take all necessary measures to establish the arbitration tribunal and labour court provided for in the Labour Code without further delay so as to provide for expeditious means to protect against and effectively redress acts of anti-union discrimination. The Committee requests the Government to supply information with regard to the status of the legal initiative concerning a new law on arbitrage as well as copies of the relevant text as soon as adopted.

Article 4. Promotion of collective bargaining. Noting in its previous comments that under section 161 of the Labour Code, collective agreements may only be concluded at enterprise or branch level, and that according to the Government no collective agreements at national level had yet been concluded, the Committee had asked the Government to submit to the National Labour Council the matter of promoting collective bargaining in the public and private sectors, including the possibility of bargaining at national level, and to supply information on developments in collective bargaining in practice. The Committee notes that in referring to collective bargaining at national level, the Government reiterates that no collective agreements have, as yet, been negotiated or entered into, but that a social memorandum of understanding was concluded in February 2011 between the Council of Ministers, the employers’ and workers’ organizations and the members of the National Labour Council (however, not all parties have yet signed, with the exception of the CTUA). The Committee requests the Government to continue to make efforts, as required by Article 4, to encourage and promote voluntary collective bargaining in the public and private sectors, including the possibility of bargaining at national level, in particular by mobilizing tripartite forums such as the National Labour Council. The Committee hopes that the Government’s next report will contain information on positive developments in this respect.

The Committee reminds the Government that it may seek technical assistance from the Office in dealing with all the points raised.

CMNT_TITLE

The Committee takes note of the comments made by the Confederation of Trade Unions of Albania (CTUA) and the International Trade Union Confederation (ITUC) in August 2009.

Article 1 of the Convention. Protection of workers against acts of anti‑union discrimination. In its previous comments, the Committee asked the Government to provide statistics of the number of complaints of anti-union discrimination heard in the past five years. The Committee notes the information to the effect that eight cases of anti-union discrimination were brought to the attention of the Ministry of Labour and were settled by conciliation except for one case which was referred to the courts of law. The Committee observes that the CTUA expresses regret that the law does not allow workers to obtain compensation of up to one year’s pay rather than reinstatement in their jobs. The CTUA further indicates that anti-union dismissals are now affecting those close to trade unionists (spouses, relatives). The Committee reminds the Government that the Convention prescribes adequate protection against acts of anti-union discrimination and invites the Government to join forces with the social partners to examine the matter of remedies for anti-union dismissals, it being understood that systems providing for preventive measures (such as prior authorization), sufficiently dissuasive sanctions or reinstatement, are deemed to be compatible with the Convention. The Committee requests the Government to indicate all progress made in this regard.

In its previous comments, the Committee asked the Government to indicate the measures taken to establish the arbitration tribunal and the labour court envisaged in the 2003 Labour Code. The Committee notes with regret that according to the Government, although the legal framework exists and efforts have been made by the Ministry of Labour, Social Affairs and Equal Opportunities, these bodies have still not been established. The Committee notes that in their respective communications, the CTUA and the ITUC regret this situation. Recalling once again that general legal provisions prohibiting acts of anti-union discrimination are not enough unless they are accompanied by procedures ensuring effective protection against such acts, the Committee urges the Government to take all necessary steps without delay to establish the arbitration tribunal and labour court provided for in the Labour Code so as to provide effective and rapid procedures affording protection against acts of anti-union discrimination.

Article 4. Promotion of collective bargaining. The Committee noted previously that under section 161 of the Labour Code, collective agreements may be concluded at enterprise or branch level and requested the Government to indicate whether collective bargaining is possible at national level. The Committee notes that in referring to collective bargaining at national level, the Government reiterates that no collective agreements have, as yet, been concluded, other than one memorandum of understanding concluded in 2003–04 with the CTUA, the Independent Trade Union of Miners and the Union of Independent Trade Unions of Albania (BSPSH). Noting that the National Labour Council resumed activities in 2006, the Committee asks the Government to submit to the Council the matter of promoting collective bargaining in the public and private sectors, including at national level, and to supply information on developments in collective bargaining in practice, including the negotiation of the collective agreements in force, at all levels, and the number of workers covered by them.

The Committee reminds the Government that it may seek technical assistance from the Office in dealing with all the points raised.

CMNT_TITLE

The Committee takes note of the information contained in the Government’s report. The Committee also takes note of the observations made by the Confederation of Trade Unions of Albania (KSSH) and the International Trade Union Confederation (ITUC) as well as the Government’s reply thereto.

1. Article 1 of the Convention. Protection of workers against acts of anti‑union discrimination. In its previous comments, the Committee had requested the Government to specify the authority which has the competence to hear complaints of anti-union discrimination and impose relevant sanctions, and to provide statistical information on the number of complaints examined in the last five years, the decisions reached, etc. The Committee notes from the Government’s report that currently, sections specializing in industrial relations have been attached to the civil tribunals in order to hear labour disputes. It also notes that according to the KSSH, the arbitration tribunal and the labour court envisaged in the Labour Code of 2003 have still not been set up and this is causing delays in the resolution of disputes by the civil courts where three years are needed to issue a ruling. The Committee further notes that the ITUC refers in its comments to the existence of a high number of anti-union dismissals and transfers, while the Government responds that the tribunals are the only bodies authorized to decide whether such acts took place; moreover, tripartite training activities have taken place in this regard with ILO participation.

The Committee recalls that the basic regulations that exist in the national legislation prohibiting acts of anti-union discrimination are inadequate when they are not accompanied by procedures to ensure that effective protection against such acts is guaranteed. The Committee requests the Government to indicate in its next report steps taken to ensure a mechanism of rapid and effective protection against acts of anti-union discrimination, in particular, with a view to the establishment of the arbitration tribunal and the labour court envisaged in the Labour Code of 2003.

2. Articles 4 and 6. Right to collective bargaining of public employees. In its previous comments, the Committee had requested the Government to clarify the nature of the functions discharged by civil servants considered to be at the “implementing level” and the institutions other than the ministries to which civil servants are assigned, with a view to specifying whether they are engaged in the administration of the State for collective bargaining purposes. The Committee notes from the Government’s report that the terms and conditions of civil servants in Ministries, the Parliament, the Presidency and town halls, are governed by Act No. 8549 on civil servants’ status. Other public servants such as those working for prefectures, customs, teachers, doctors etc., whose terms and conditions are governed by the Labour Code, are entitled to collective bargaining. The Committee further notes from the Government’s report under Convention No. 151, that collective bargaining takes place in state-owned enterprises.

3. Article 4. Measures to promote collective bargaining. In its previous comments, the Committee noted that, according to section 161 of the Labour Code, a collective agreement can be entered into at the enterprise or branch levels, and requested the Government to indicate whether collective bargaining is possible at the national level. The Committee notes the Government’s statement that it is willing to promote collective bargaining at the national level but to no avail so far; since 1993, only one Memorandum of Understanding has been concluded at the national level between the KSSH, the Independent Trade Union of Miners and the Union of Independent Trade Unions of Albania (BSPSH). The Committee notes that, according to the ITUC, national-level negotiations only take place in the tripartite National Labour Council which has not functioned recently. The Committee also notes, however, that according to the Government, the National Labour Council functions again since July 2006. The Committee therefore requests the Government to provide in its next report information on any collective agreement concluded at the national level.

CMNT_TITLE

The Committee takes note of the information contained in the Government’s report and the text of the Labour Code as amended by Act No. 9125 of 29 July 2003. The Committee also takes note of the observations made by the Confederation of Trade Unions of Albania (CTUA) as well as the Government’s reply thereto.

1. Article 1 of the Convention. Protection of workers against any act of anti-union discrimination. In its previous comments, the Committee had requested the Government to indicate any sanctions provided under the national legislation in case of acts of discrimination resulting from workers’ trade union membership or activities. The Committee notes with interest that article 202 of the Labour Code sets out very important fines in case such acts are committed, while article 197/8 provides that dismissals due to participation in a lawful strike shall be invalid; moreover, articles 10, 146, 181, 197 and 197/8 of the Labour Code contain prohibitions of anti-union discrimination due to trade union membership or participation in trade union activities, like strikes, including special protection for trade union representatives against dismissals.

However, the Committee also notes that there is no reference in the Labour Code to any mechanism of redress against acts of anti-union discrimination (e.g. competent court, procedure, etc.). It also notes in this respect that the CTUA refers to various acts of anti-union discrimination to prevent the establishment of trade unions, although the Government states that the anti-union pressures were not confirmed. The Committee requests the Government to provide further information specifying the authority which has the competence to hear complaints of anti-union discrimination and impose relevant sanctions, as well as statistical information on the number of complaints examined in the last five years, the decisions reached, etc.

2. Articles 4 and 6. Right to collective bargaining of public employees. In its previous comments, the Committee had requested the Government to clarify the nature of the functions discharged by civil servants considered to be at the "implementing level" and the institutions other than the ministries to which civil servants are assigned, with a view to specifying whether they are engaged in the administration of the State for collective bargaining purposes. The Committee notes that the Government’s report does not contain information in this respect. The Committee once again requests the Government to provide this information.

3. Article 4. Measures to promote collective bargaining. The Committee notes that, according to section 161 of the Labour Code, a collective agreement can be entered into at the enterprise or branch levels, in accordance with the agreement of the parties. Considering that collective bargaining should also be possible at national level, if the parties so wish, the Committee requests the Government to indicate whether collective bargaining is possible at that level and to indicate any relevant provisions.

4. Comments from the CTUA. With regard to previously transmitted comments by the CTUA to the effect that some institutions do not implement the collective agreements that they have concluded with trade unions, the Committee notes that, according to the Government, in case of non-implementation of a collective agreement, which is a binding contract, the parties may address their claims to the arbitration tribunal or the courts, while the Ministry of Labour and Social Affairs may intervene effectively if requested to do so; for instance, as a result of such an intervention, a collective agreement was signed in the health sector and has opened the way towards signing a broad tripartite social pact.

CMNT_TITLE

The Committee takes note of the comments of the Confederation of the Trade Unions of Albania (CTUA/KSSH) in a communication dated 21 October 2003 and the reply of the Government which is treated in the framework of the Committee’s observation concerning Convention No. 151. The Committee requests the Government to reply to the recent comments of the CTUA in a communication dated 30 September 2004, and also the outstanding matters raised in respect of the application of the Convention (see 2003 direct request, 74th Session) in its next report due for the regular reporting cycle in 2005.

CMNT_TITLE

The Committee takes note of the report submitted by the Government as well as of the comments submitted thereon by the Confederation of Trade Unions of Albania (CTUA). It also notes that a new Labour Code has been recently adopted, which the Committee will examine once a complete translation is available.

1. Article 1 of the Convention. Protection of workers against any act of anti-union discrimination. The Committee requests the Government to indicate in its next report the sanctions provided under the national legislation in case of any act of discrimination resulting from workers’ trade union membership or activities.

2. Articles 4 and 6. Right to collective bargaining of public employees. In its last comment, the Committee requested the Government to indicate the categories of public servants deemed to exercise their functions in the administration of the State and who, consequently, could be excluded from the right to collective bargaining. In its report, the Government indicates that the applicable law is Act No. 8549 on the status of the civil servant dated 11 November 1999. The Committee notes that under this Act, civil servants enjoy the right to organize and take part, through trade unions, in the decision-making process relating to their conditions of work.

The Committee notes that the following public employees are excluded from the right to collective bargaining: (1) political officials; (2) civil servants with supervisory or management functions; (3) civil servants at the implementing level. The Committee notes that on the other hand common employees working in the public service enjoy the right to collective bargaining. The Committee also notes that the CTUA in its comments refers to the conclusion of collective agreements in some ministries.

The Committee recalls that, while public servants engaged in the administration of the State can be excluded from the right to collective bargaining under Article 6, such a category of public servants must be envisaged restrictively. In these circumstances, the Committee requests the Government to specify concretely, in its next report, the nature of the functions discharged by civil servants considered to be at the implementing level and the institutions other than the ministries to which they are assigned. The Committee also requests the Government to provide a copy of the law on the trade union activities of civil servants referred to in section 20(d) of Act No. 8549, as soon as it has been adopted.

3. Comments from the Confederation of Trade Unions. The Committee has taken note of the comments sent by the CTUA according to which some institutions do not implement the collective agreements that they have concluded with trade unions. Recalling that collective agreements which have been concluded are binding on the parties, the Committee requests the Government to submit its observations on the comments of the CTUA with its next report.

CMNT_TITLE

The Committee notes the Government's report. The Committee notes with interest that under section 2(3) of Act No. 8095 of 21 March 1996, as amended by Act No. 8300 of 12 March 1998, conditions of employment for employees in the administrative services, education and health are governed by the Labour Code and that employees in these sectors may negotiate their conditions of employment through collective bargaining. The Committee requests the Government to indicate in its next report the categories of public servants deemed to exercise their functions in the administration of the State and, consequently, excluded from the protection of this Convention.

CMNT_TITLE

The Committee notes with regret that the Government's report does not answer the matters raised in previous comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments, which read as follows:

Articles 4 and 6 of the Convention. The Committee had noted that, according to the Government, public servants have the right to organize but not to negotiate their salaries which are fixed by decree. The Committee emphasizes that Article 6 of the Convention does not deal with the position of public servants engaged in the administration of the State, nor can it be construed as prejudicing their rights or status in any way. Indeed, the idea of public servants must be envisaged restrictively since large categories of workers who are employed by the State should not be excluded from the terms of the Convention merely on the grounds that they are formally placed on the same footing as public officials. The distinction must therefore be drawn between, on the one hand, public servants who are directly employed in the administration of the State and other persons employed by the Government in public enterprises who should benefit from the guarantees provided for in the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 200). The Committee therefore requests the Government to send information on the rights of public servants who are not engaged in the administration of the State to negotiate collectively their working conditions, and to specify the applicable texts.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 4 and 6 of the Convention. The Committee notes that, according to the Government, public servants have the right to organize but not to negotiate their salaries which are fixed by decree. The Committee emphasizes that Article 6 of the Convention does not deal with the position of public servants engaged in the administration of the State, nor can it be construed as prejudicing their rights or status in any way. Indeed, the idea of public servants must be envisaged restrictively since large categories of workers who are employed by the State should not be excluded from the terms of the Convention merely on the grounds that they are formally placed on the same footing as public officials. The distinction must therefore be drawn between, on the one hand, public servants who are directly employed in the administration of the State and other persons employed by the Government in public enterprises who should benefit from the guarantees provided for in the Convention (see General Survey on freedom of association and collective bargaining, 1994, paragraph 200). The Committee therefore requests the Government to send information on the rights of public servants who are not engaged in the administration of the State to negotiate collectively their working conditions, and to specify the applicable texts.

CMNT_TITLE

Articles 4 and 6 of the Convention. The Committee notes the information supplied by the Government in its report and that, according to the Government, public servants have the right to organize but not to negotiate their salaries which are fixed by decree. The Committee emphasizes that Article 6 of the Convention does not deal with the position of public servants engaged in the administration of the State, nor can it be construed as prejudicing their rights or status in any way. Indeed, the idea of public servants must be envisaged restrictively since large categories of workers who are employed by the State should not be excluded from the terms of the Convention merely on the grounds that they are formally placed on the same footing as public officials. The distinction must therefore be drawn between, on the one hand, public servants who are directly employed in the administration of the State and other persons employed by the Government in public enterprises who should benefit from the guarantees provided for in the Convention (see General Survey on freedom of association and collective bargaining, 1994, paragraph 200). The Committee therefore requests the Government to send information on the rights of public servants who are not engaged in the administration of the State to negotiate collectively their working conditions, and to specify the applicable texts.