Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Albania

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2004)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2007)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1)(a)–(b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a)–(b) and (3), and 19 of Convention No. 129. Inspections in the field of occupational safety and health (OSH). The Committee previously noted the Government’s statement that, in general, the level of implementation of OSH legislation was not satisfactory, and that the number of occupational accidents remained high.

The Committee notes the statistical information provided by the Government in its report on the number of injuries and fatalities at work and suspected cases of occupational diseases from 2017 to the first three months of 2020. It notes with concern a rising number of fatalities due to occupational accidents (137 injuries including 18 fatalities in 2017, 195 injuries including 27 fatalities in 2018 and 176 injuries including 38 fatalities in 2019). The Government indicates however, that the first 3 months of 2020 saw a reduction in injuries and fatalities compared to the same period of 2019. The Government also indicates that measures were undertaken to raise the awareness on accident reporting, as well as steps to facilitate their reporting at any hour and day of the week and increase the channels of information collection through collaboration with other institutions. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of the labour inspectorate with respect to occupational safety and health issues. It requests the Government to continue to provide information on the number of occupational accidents and cases of occupational disease notified to the labour inspectorate.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Labour inspection activities relating to undeclared work. Following its previous comments, the Committee notes the indication of the Government that, in 2019, a total of 2,879 employees were identified during inspection activities as uninsured. The suspension of work was ordered until the inclusion of these workers in the social and health insurance scheme and that subsequently 2,794 workers were provided with insurance. The Committee further notes the statistical information provided by the Government on undeclared work disaggregated by economic sectors and regions. The Committee requests the Government to continue to provide statistical data on the number of workers who, as a consequence of inspections, were granted their due rights concerning the legal provisions relating to conditions of work, including the payment of overdue wages and social security contributions, as well as the conclusion of employment contracts.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training. The Committee notes the information provided by the Government, in response to its previous request, regarding trainings provided to labour inspectors, including several trainings on labour legislation, sector-specific information, inspection methodology and child labour. In 2018, 128 inspectors received training, and 118 inspectors in 2019. The Committee also notes the detailed information provided by the Government regarding the launching of the “penalty matrix”, a platform aimed at enabling a clear orientation in the implementation of the labour legislation. The Government indicates that in 2018, 11 newly recruited inspectors and chief inspectors received training on this matrix. The Committee requests the Government to continue to provide information on the content, frequency and duration of the training given to inspectors as well as the number of participants.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of the labour inspection services. Following its previous comments, the Committee takes due note of the Government’s indication that the annual reports on the work of the labour inspection services are available online, and notes the detailed reports available on the inspectorate’s website. The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, and to ensure that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention 129, including statistical information on workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129).