Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Albania

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

Previous comment

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 Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Union of Independent Trade Unions of Albania (BSPSH) communicated with the Government’s report.

Articles 3(1)(a)–(b) and 14 of Convention No. 81 and Articles 6(1)(a)–(b) and 19 of Convention No. 129. Functions entrusted to labour inspectors. Notification of industrial accidents and cases of occupational disease. Following its previous comment, the Committee notes the indication of the Government that in 2021, 187 industrial accidents were reported to labour inspectors (195 in 2018 and 176 in 2019), and that 31 were fatal (27 in 2018 and 38 in 2019). The Committee notes that the ILO Decent Work Country Programme for 2023–26 indicates that in Albania non-fatal accidents and occupational diseases are underreported, and that psychological risks were not integrated in the Political Document on Safety and Health at Work (2016–2020). The Committee further notes that in 2020, the structure of the State Labour and Social Services Inspectorate was revised with the establishment of a new Department of Risk Assessment. The Committee requests the Government to continue to provide information on the number of industrial accidents and occupational diseases notified to the labour inspectorate and to indicate the reasons for the underreporting and the measures undertaken to address this problem. Moreover, the Committee once again requests the Government to provide information on the measures taken or envisaged in order to strengthen the capacity of the labour inspectorate with respect to occupational safety and health (OSH) issues and to provide information on the role of the Department of Risk Assessment in that regard.

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. Undeclared work. Following its previous comment, the Committee takes note of the statistical information provided by the Government on undeclared work disaggregated by economic sectors and regions for 2021 and January 2022. In particular, the Committee takes note that during 2021, the State Labour and Social Services Inspectorate identified 1,092 informal employees, that suspension of works was ordered in 1,041 cases, until the employees concerned were provided with the relevant insurance and that, meanwhile, uninsured employees have been reported to the tax offices. While noting the efforts to tackle undeclared work, the Committee requests the Government to continue to provide information 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. Noting the indication of the Government that uninsured workers are reported to the tax offices, the Committee requests the Government to provide information on the consequences for the uninsured workers of such reporting.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee notes that in its observations the BSPSH indicates that it has suggested the creation of an advisory board which would allow an exchange of information and views with the most representative organizations of employers and workers regarding the most effective way to implement the provisions of the Labour Code. The BSPSH adds that in case the creation of such a board would prove impossible, it suggests that the highest forum of the labour inspectorate organizes quarterly meetings with representatives of employers and workers’ organizations to exchange information. The Committee requests the Government to provide its comments in this respect.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training. The Committee notes that the Government does not provide information on this matter. The Committee also notes the planned ILO technical assistance within the framework of the Decent Work Country Programme for 2023–26 for the provision of training to labour inspectors in order to reach effective protection at work, including the prevention of violence and harassment in the world of work, and the improvement of the labour inspectorate’s services on OSH issues and labour law enforcement. The Committee requests the Government to provide information on the training for labour inspectors, including within the context of the Decent Work Country Programme. In particular, the Committee once again requests the Government to provide information on any progress made regarding the initial and further training provided to labour inspectors. The Committee also renews its request that the Government provide detailed information on the content, frequency and duration of the training given to inspectors, including the number of participants and the subjects covered at each training session.

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 labour inspection services. Following its previous comment, the Committee notes that the Government provided statistics on labour inspection activities in 2021 and January 2022 but that the last report published by the central inspection authority on its website is for the year 2020. The Committee once again requests the Government to publish and provide 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 No. 129.

[The Government is asked to reply in full to the present comments in 2024.]