Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Albania (Ratification: 1957)

The Committee takes note of the observations made by the Confederation of Trade Unions of Albania (CTUA) on the application of the Convention as well as the Government’s reply thereto. It also takes note of the text of the Labour Code as amended by Act No. 9125 of 29 July 2003.

Article 2 of the Convention. Right to organize of public servants. The Committee notes that according to the CTUA, public employees’ trade unions should have the same rights as other trade unions under the Labour Code and the Government should adopt measures, as required under article 20 of the Law on the Status of the Civil Servant No. 8549 of 11 November 1999, in order to issue rules on public employees’ trade union activities. The Committee notes that according to the Government, civil servants are not allowed to strike and regulations giving them this right have not been approved yet.

Recalling that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State (see General Survey on freedom of association and collective bargaining, 1994, paragraph 158), the Committee requests the Government to indicate in its next report any measures taken or contemplated to extend this right to public servants who do not exercise authority in the name of the State.