Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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.