Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

The Committee notes the Government’s report received in July 2013 in which it recalls that the authority issuing licences is the National Licensing Centre, operating under the Ministry of Economy, Trade and Energy. There are five private employment agencies currently operating in Albania and their activities relate to the placement of workers abroad. In reply to the Committee’s previous comments, the Government indicates that private employment agencies in Albania do not perform the preliminary employment of workers for purposes of making them available to a third party. It adds that private employment agencies offer the following services: informing, advising and assessing requests and applications for employment intermediation; looking for jobs; intermediating for determining the conditions and establishing employment relations between the jobseeker and the employer. The Committee recalls that, 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 2010 General Survey concerning employment instruments, paragraph 313). The Committee invites the Government to indicate in its next report whether private employment agencies become a party to the employment relationship and, if so, to provide the relevant information requested in the report form under Articles 11 and 12 of the Convention. It also invites the Government to provide a general appreciation of the manner in which the Convention is applied by, for example, including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Article 7 of the Convention. Fees or costs. The Government indicates that Resolution No. 708 allowing private employment agencies to charge workers for necessary administrative expenses was abrogated. It also indicates that Albanian legislation does not make reference to administrative costs. However, it states that private employment agencies observe the requirements of the Convention. The Committee requests the Government to specify whether private employment agencies are allowed to charge workers for administrative expenses or costs. If so, please indicate the reasons for authorizing such expenses or costs and whether there is any control over their quantum, as well as the consultations held with the social partners on this matter.

Article 8. Migrant workers. The Committee notes that Law No. 9668 of 18 December 2006, as amended by Law No. 10389 of 3 March 2011, provides that the Ministry of Foreign Affairs shall, in cooperation with other state authorities in the Republic of Albania, be liable and responsible for the protection of the rights and interests of Albanian emigrants. The Ministry of Labour, Social Affairs and Equal Opportunities shall be responsible with respect to the care provided to Albanian emigrants before they leave the country and when they return. The Committee notes that bilateral employment agreements have been concluded and the Government provides information on its agreement with Italy. Furthermore, 36 migration offices were established throughout the country to provide advice to Albanian citizens who wish to migrate. The Committee invites the Government to continue to provide information in its next report on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed by private employment agencies (Article 8(1)) of the Convention. It also invites the Government to provide information on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses. Please also indicate whether any other bilateral agreements have been concluded (Article 8(2)).

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Government indicates that complaints are submitted and reviewed by the responsible institutions. It adds that the State labour inspectorate and social services are under the legal obligation to ensure enforcement of labour legislation. In the event of violation of the Convention, complaints may be submitted to the courts. The Committee invites the Government to provide examples of the remedies provided for and effectively applied in cases of violations of the Convention.