Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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 the persistence of restrictions on the right of workers to establish trade unions. 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 violations of trade union rights in practice, the Committee once again requests it to provide its comments in this respect.

Article 2 of the Convention. Right to organize of foreign workers. Further to its previous comments on the exercise of trade union rights by all foreign workers irrespective of their residence status, the Committee notes that the Government indicates in its report that the Act on Foreigners (No. 108 of 2013), as amended by Act No. 13 of 2020, does not address whether foreigners who do not have a working permit have the right to organize in unions. The Committee notes that Act No. 13 of 2020 did not amend section 70 of the Act on Foreigners, which provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals. The Committee also notes that the Government has not provided any information on foreign workers’ exercise of trade union rights in practice. The Committee requests the Government to take, without delay, the necessary measures, including consideration of possible legislative amendments, to ensure that all foreign workers, whether or not they have a residence or a working permit, benefit from the trade union rights provided by the Convention, particularly the right to join organizations which defend their interests as workers. The Committee requests the Government to provide information on any progress made in this respect.

Article 3. Right of organizations to organize their activities and formulate their programmes. In its previous comments the Committee requested the Government to indicate any legal exceptions to the right to strike other than those provided in section 35 of the Act on civil servants (No. 152 of 2013) as well as to take any necessary measures to ensure that the legislation be amended so as not to unduly curtail the right of unions to organize their activities to defend the interest of workers. The Committee notes the Government’s indication that the exercise of the right to strike by civil servants must be in full compliance with section 35 of the Act on civil servants, as well as with the regulations set out in the Labour Code concerning the exercise of this right, which include providing for the possibility of requiring minimum services in essential services like water and electricity supply, as well as in other services of fundamental public importance. The Committee takes note that section 35 of the Act on civil servants remains in force and provides that the right to strike shall not be permitted for a list of services that includes both essential services in the strict sense of the term (such as water and electricity), as well as services which may not be considered essential services in the strict sense of the term – namely transport and public television. The Committee recalls in this regard that the right to strike may be restricted for public servants exercising authority in the name of the State, but as to other public servants and for services which are not considered essential in the strict sense of the term, the introduction of a negotiated minimum service, as a possible alternative to the full prohibition of strike action, could be appropriate in circumstances where strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population, or in public services of fundamental importance in which it is important to deliver the basic needs of users (see the 2012 General Survey on the fundamental Conventions, paragraphs 129 and 136). The Committee requests the Government to indicate whether civil servants not exercising authority in the name of the state and working in the transport and public television services may exercise the right to strike, subject to the possible establishment of minimum services; and if these civil servants are not able to exercise said right, to take the necessary measures to amend the legislation in light of the above.