Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Albanie (Ratification: 1999)

Protections for workers employed and responsibilities of private employment agencies. The Committee notes the information provided by the Government in the reports received in September 2009 and September 2010. The Government indicates that a general reform was introduced in February and May 2009 to improve the business climate by reducing administrative barriers. The National Licensing Centre was established under the responsibility of the Ministry of Economy, Trade and Energy. The Government indicates that to operate as a private employment agency, a licence will be provided by the National Licensing Centre which acts as a unique one-stop shop. It also indicates that the procedure of providing a private employment agency with a licence lasts for a maximum of four days. The Committee refers to its previous comments and wishes to highlight the need to have a clear legal framework in place to secure adequate protection in the areas enumerated in Articles 11 and 12 of the Convention. Given the particularities of working arrangements in which employees work for a user enterprise that assigns and supervises the execution of the work and the indeterminacy of responsibility, it is necessary for member States to address these particularities through measures that ensure that in each case, effective responsibility is determined (see General Survey of 2010 on employment instruments, paragraph 313). The Committee requests the Government to report in detail on the measures taken to ensure adequate protection for workers employed by private employment agencies and to allocate responsibilities between private employment agencies and made available to user enterprises and to allocate responsibilities between private employment agencies and user enterprises in each of the areas set forth in Articles 11 and 12 of the Convention.

Article 7(2) and (3). Exceptions to the prohibition to charge fees or costs to workers. The Committee recalls that section 4 of resolution No. 708 allowed private employment agencies to charge workers for necessary administrative expenses. It further recalls the Government’s statement that it did not authorize exceptions to Article 7(1) of the Convention. The Committee requests the Government to specify whether under the new legislative framework, private employment agencies are allowed to charge workers for administrative expenses. If so, please indicate the reasons for authorizing such expenses and whether there is any control over the quantum of fees, as well as the consultations held with the social partners on this matter.

Article 8. Measures to provide adequate protection for workers and prevent abuses and fraudulent practices in their recruitment, placement and employment. In the report received in September 2009, the Government indicated that in 2008 there were seven private employment agencies operating in the country and that their activity was very limited and oriented to the placement of workers abroad. The Committee requests the Government to include in its next report information on the measures taken to provide adequate protection for Albanian citizens who are placed for employment abroad. It further invites the Government to provide information on the extent to which protections are contemplated to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers in the issuing of licences and on any bilateral agreements concluded to this end.

Articles 10 and 14(3). Adequate machineries for the investigation of complaints and the application of remedies in case of violations. In the report received in September 2009, the Government indicated that the Ministry of Labour, Social Affairs and Equal Opportunities, will continue to play the role of monitoring private employment agencies through the State Labour Inspectorate. The Committee requests the Government to provide information on the machinery and procedures for the investigation of complaints concerning private employment agencies, particularly on procedures for the investigation of workers’ complaints. Please supply examples of the operation of remedies and their particulars applied in cases of violations of the Convention.

[The Government is asked to reply in detail to the present comments in 2013.]