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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - 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 2 of the Convention. Right to organize of foreign workers. With reference to section 5(4) of the Act on Foreigners (No. 9959 of 2008), the Committee had previously requested the Government to take the required measures, where necessary through an amendment to the legislation, to ensure that all workers, including foreign workers without a residence permit, can exercise trade union rights and particularly the right to join organizations which defend their interests as workers. The Committee notes that the new Act on Foreigners (No. 108 of 2013), which repeals Act No. 9959 of 2008, no longer contains the abovementioned provision. However, the Committee notes that section 70 of the new Act provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals. Recalling the provisions of the Constitution of Albania relating to freedom of association (articles 16(1), 46(1) and 50), the Committee requests the Government to take all necessary measures to ensure that all foreign workers, whether with a permanent or temporary residence permit or without residence permit, can exercise trade union rights, and particularly the right to join organizations which defend their interests as workers.

Article 3. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to take measures to: (i) ensure that all public servants who do not exercise authority in the name of the State are able to exercise the right to strike; and (ii) amend section 197/7(4) of the Labour Code concerning sympathy strikes. The Committee notes from the Government’s report that: (i) it has been proposed that the new bill on the civil service provides for the right to strike of public servants; and (ii) the relevant provision in the bill on the review of the Labour Code has been, in consultation and agreement with the social partners, reworded to ensure that workers are able to stage sympathy strikes provided that the initial supported strike is itself lawful. The Committee requests the Government to provide information in its next report with respect to the adoption of the new bill on the civil service as well as of the bill on the review of the Labour Code.