Part-Time Work Convention, 1994 (No. 175) - Albania (Ratification: 2003)

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

Article 11 of the Convention. Implementing measures. Further to its previous comment, the Committee notes the Government’s indication that it is in the process of revising the Labour Code and that section 14 will be amended to provide for equality of rights between full-time and part-time workers as a general principle, while a further provision will be added to require employers to inform part-time employees of any full-time vacancies and to provide equal opportunities to them when filling those vacancies. While noting these developments, the Committee recalls that the Convention requires under Article 4 measures to ensure that part-time workers receive the same protection as full-time workers in respect of freedom of association, occupational safety and health and protection against discrimination. The Convention also calls under Article 7 for measures to ensure that part-time workers receive conditions equivalent (i.e. not necessarily identical provided that they ensure not less favourable treatment) to those of full-time workers in respect of employment rights such as maternity protection, paid annual leave and sick leave. Moreover, the Convention permits under Article 8 part-time workers to be excluded from the coverage of statutory social security schemes, if their hours of work or level of earnings are below specified thresholds, except as regards employment injury benefits. Recalling that the Convention may be implemented through laws or regulations or by means of collective agreements or in any other manner consistent with national practice, the Committee requests the Government to indicate in its next report how effect is given to the specific provisions of the Convention highlighted above and to transmit a copy of any relevant texts that may not have been previously communicated to the Office.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 11 of the Convention. Implementing legislation. The Committee recalls its previous comment in which it raised a number of points regarding the implementation of the following requirements of the Convention: (i) measures taken to ensure that part-time workers receive the same protection as full-time workers in respect of freedom of association, occupational safety and health and non-discrimination (Article 4); (ii) measures to ensure that part-time workers irrespective of the weekly number of hours performed are entitled to employment injury benefits (Article 8(1)); (iii) not unduly large percentage of part-time workers excluded from the social security system and consultations with the social partners concerning the relevant threshold (Article 8(2), (3) and (4)); (iv) measures to promote part-time work and to address the needs of such groups such as the unemployed and disabled workers (Articles 9, 10); (v) application of the Convention through collective agreements (Article 11). In the absence of concrete replies, the Committee requests the Government to provide detailed information on the laws or regulations, collective agreements or other measures giving effect to the above-referenced provisions of the Convention.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government according to which 67 per cent of part-time workers are female workers, 36 per cent are not declared in an Employment Office and 31 per cent work without an individual contract with most part-time workers being recorded in the finance and insurance sector. The Committee requests the Government to continue to collect and communicate detailed statistics on the number of part-time workers, if possible, broken down by gender and type of economic activity, as well as inspection results showing any infringements of the relevant legislation and copies of official publications or studies relating to part-time employment issues.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working-Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part-time and night work, remain relevant in the 21st century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest the Government’s first two reports on the application of the Convention.

Article 4 of the Convention. Protection of part-time workers’ rights in matters of freedom of association, occupational safety and health and non‑discrimination. The Committee notes section 14(2) of the Labour Code which provides in general terms that part-time employees enjoy the same rights as full-time employees. The Committee would be grateful if the Government would indicate how it is ensured in law and practice that part-time workers enjoy the same protection with comparable full-time workers specifically in matters of freedom of association, occupational safety and health, and non-discrimination, as required under this Article of the Convention. In this connection, the Committee requests the Government to indicate whether any express provisions on part‑time workers’ rights are to be found in laws or regulations regarding trade union activities, protection of work environment and anti-discrimination and, if so, to transmit copies of any relevant texts which may not have been previously communicated to the Office.

Article 8, paragraph 1. The Committee notes that part-time workers working less than 24 hours per week do not enjoy social security coverage. However, there is no indication in the Government’s report that part-time workers irrespective of the number of hours performed per week are entitled to employment injury benefits, as prescribed by this Article of the Convention. The Committee therefore requests the Government to clarify how it is giving effect to this provision of the Convention. In addition, the Committee would appreciate receiving a copy of the decision of the Cabinet of Ministers No. 167 of 29 March 2006 to which reference was made in the Government’s report.

Article 8, paragraph 2. Percentage of part-time workers excluded from scope of social security scheme. While noting the Government’s statement that there are no statistics concerning the number of part-time employees working less than 24 hours per week, the Committee requests the Government to provide an indication as to the approximate number of part-time workers who would presently be excluded from the statutory social security system and also to describe the measures it intends to take to ensure the collection of reliable statistics on the incidence of part-time work in the country.

Article 8, paragraphs 3 and 4. Threshold below which part-time workers are excluded from social security coverage. The Committee requests the Government to specify whether the most representative organizations of employers and workers were duly consulted prior to the establishment of the 24-hour-per-week threshold and also to indicate whether any consideration is given to the possibility of extending the protection to the part-time workers currently excluded from the coverage of the social security system.

Articles 9 and 10. Measures to facilitate access to part-time work. The Committee notes the Government’s indication that as from 2009 new initiatives will be undertaken to promote part-time work and adapt accordingly the labour legislation. The Committee requests the Government to provide in its next report detailed information on the announced initiatives and eventually the legislative changes in respect of part-time work. It also requests the Government to supply information on any specific measures taken or envisaged to address the needs of such groups as the unemployed, disabled workers or workers undergoing education or training as well as the results of any official study concerning the extent to which part-time work responds to the economic and social needs of both employers and workers.

Article 11. Means of implementation. The Committee requests the Government to specify whether any collective agreements, either at the industrial sector or at the branch level, contain specific clauses regulating part‑time work and, if so, it would appreciate receiving copies of those texts.

Part V of the report form. The Committee notes that the Government has not included in its reports any statistical information on the overall number of part-time workers or on such other attributes as their age or gender. It would therefore be grateful if the Government made an effort to collect and provide in its next report general information, including statistics, on the application of the Convention in practice and the relative importance of part-time work for the national economy.