Maternity Protection Convention, 2000 (No. 183) - Albania (Ratification: 2004)

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

The Committee notes with interest that the 1995 Labour Code is being modified, and that the draft amendments are awaiting approval by the Council of Ministers. The draft text strengthens maternity protection and prohibits overtime by pregnant women and women with a child up to one year of age; it provides for postnatal leave of 63 days (42 days currently), the requirement for the employer to adapt work carried out by a pregnant woman to her condition, which includes the transfer to an equivalent position and the payment of benefits when the transfer is not possible, and paid nursing breaks of two hours or a reduction in working hours upon agreement with the employer. The Committee also notes the adoption of Act No. 10383 of 24 February 2011 on compulsory health insurance which, in accordance with Article 6(7) of the Convention, provides for free medical care for pregnant women (medical consultations and examinations, medication, treatment and hospitalization when necessary). The Committee requests the Government to provide it with a copy of the Act.

Article 6(5) of the Convention. Conditions required to qualify for cash benefits. Further to its previous comment, the Committee notes the statistical data provided by the Government which shows a steady increase in the number of beneficiaries of cash benefits. However, these same statistics show that women who are entitled to maternity benefits, who fulfil the condition of being insured for at least 12 months before pregnancy, do not seem to constitute the large majority of the women to whom the Convention applies (32.9 per cent in 2012). The Committee requests the Government to examine this situation with a view to ensuring that the conditions required to qualify for cash benefits enable a large majority of the women to whom the Convention applies to receive cash benefits.

Article 6(6). Cash benefits out of social assistance funds. The Committee notes the Government’s indication that, firstly, a woman who is not insured receives no benefits and, secondly, the legislation on social assistance contains no provision concerning maternity benefits. The Committee draws the Government’s attention to the obligations deriving from Article 6(6) of the Convention which provide that where a woman does not meet the conditions to qualify for cash benefits under national laws, she shall be entitled to adequate benefits out of social assistance funds, subject to the means test required for such assistance.

Article 8. Employment protection. The Committee notes the indication that, under section 147 of the Labour Code, a pregnant woman’s employment is protected for the payment period of temporary occupational incapacity benefit, which can last up to one year. In addition, the Committee notes the indication that there is no remedy available to the woman in the case of wrongful dismissal, as the Labour Code provides for compensation. The Committee recalls that the violation of the prohibition of dismissal set out in Article 8 entails, in the spirit of this provision, the nullity of the dismissal followed, in principle, by the reinstatement of the worker in her previous position. The Committee requests the Government to indicate whether the current provisions are sufficiently dissuasive to prevent the dismissal of women workers during the protected period and to take the necessary measures to provide for the reinstatement of the woman worker in the case of wrongful dismissal.

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

Article 2 of the Convention. Coverage. The Committee notes that in accordance with sections 2 and 6 of the Act on social insurance, all employed women are legally covered under the maternity insurance scheme. Taking into account the emphasis of the Convention aiming to ensure maternity protection coverage for atypical forms of dependent work, the Committee asks the Government to supply information, including statistics, on the forms of atypical work prevailing among women workers in Albania as well as on the mechanisms in place to ensure their effective implementation.

Article 3. Health protection. The Committee notes that national laws and regulations guarantee the right of pregnant and breastfeeding women not to be obliged to perform work prejudicial to the health of the mother or child. It notes the indication in the Government’s report to the effect that the Council of Ministers Decision No. 397 of 20 May 1996 defines special regulations in order to protect pregnant and breastfeeding women and prohibit their employment in activities which expose them to dangerous working conditions. Moreover, the list of jobs which pose the risk of exposure to chemical agents or dangerous working conditions has been approved by the Council of Ministers Decision No. 207 of 9 May 2002 on the definition of dangerous or difficult jobs. The Committee asks the Government to transmit with its next report the list of occupations which have been determined by the competent authorities to be prejudicial to the health of the mother or child and indicate whether prior consultations were held with the representative organizations of employers and workers.

Article 6, paragraph 5. Conditions to qualify for cash benefits. Under the Social Insurance Act, women on maternity leave are entitled to maternity benefit provided that they have been insured for a period of 12 months prior to the pregnancy. The Committee asks the Government to indicate how it is ensured that, in accordance with this provision of the Convention, the conditions to qualify for cash benefits can be satisfied by a large majority of the women to whom this Convention applies. Please supply statistical information relevant in this respect.

Article 6, paragraph 6. Cash benefits out of social assistance funds. The Committee requests the Government to supply information on the provisions of national laws and regulations ensuring, subject to the means test required for such assistance, adequate benefits paid out of social assistance funds to women who do not fulfil the qualifying conditions for entitlement to cash benefits under the maternity insurance scheme.

Article 6, paragraph 7. Medical benefits. The Committee asks the Government to provide further information on the types of medical benefits provided in case of maternity and to indicate which national laws and regulations ensure that women covered by the Convention are entitled to prenatal, childbirth and postnatal care, including hospitalization where necessary.

Article 8. Employment protection. Section 107 of the Labour Code considers it unlawful for employers to terminate employment of a woman worker during pregnancy or absence from work on maternity leave. The Committee takes due note of this information and requests the Government to indicate in its next report whether under national legislation the protected period also includes a period following the woman’s return to work, in accordance with this provision of the Convention and to indicate the duration of such period. Please also provide further information on the implementation of existing legal and procedural measures related to the termination of employment during the protected periods, including the remedies available to women under the legislation in case of wrongful dismissal.

Article 9, paragraph 2. Discrimination in employment and pregnancy testing. (a) The Committee notes the comments made by the Confederation of the Trade Unions of Albania (KSSH) alleging the existence of discrimination against pregnant women in the private sector as well as incidences of pregnancy testing prior to recruitment. It also notes the Government’s indication that it had no knowledge of such practices and that no case has so far been referred to the labour inspectorate. The Government further indicates that there is no data on cases of discrimination on the ground of maternity in the private and the public sectors and that there have been no court decisions rendered in this respect. The Committee asks the Government to indicate in its next report whether concrete actions have been taken or are envisaged so as to guarantee that maternity does not constitute a ground for discrimination in employment as well as in access to employment in practice. Please provide information on relevant court rulings, action plans, maternity-related labour inspection activities etc.

(b) Furthermore, noting that sections 3 to 6 of the Act on an equal gender society create an obligation for public authorities and private employers to refrain from any discriminatory acts towards women in case of maternity, including the obligation to ensure equal access to employment, the Committee asks the Government to examine the question of the inclusion in national legislation of an express prohibition of pregnancy testing both in access to employment and during employment. Please supply information on measures taken to ensure effective implementation of the above provisions of national legislation as well as on concrete actions taken with a view to raising public awareness with respect to the prohibition of maternity-related discrimination.