Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Albanie (Ratification: 2007)

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Article 3 of the Convention. National policy. The Committee takes note of the adoption of the National Strategy for Gender Equality 2021–30 (NSGE 2021–30) that aims inter alia at the economic empowerment of women and promotion of their economic independence (strategic goal I), through a series of strategic objectives that are: (1) the implementation of improved legal framework and policies that enable an equal division of unpaid domestic work and care between women and men, young women and young men, and girls and boys (strategic objective 1.1); (2) improved access of women, young women, and girls in all their diversity to financial services and products and productive resources (strategic objective 1.2); (3) the reduction of barriers keeping women, young women, and girls away from the labor market; and (4) the improvement of access to decent work, including non-traditional for women, young women and girls in all their diversity (strategic objective 1.3). The Committee requests the Government to provide information on the measures adopted or envisaged, in the context of the National Strategy for Gender Equality 2021-2030, to achieve these strategic goals, and more generally, to support workers with family responsibilities to engage in employment without being subject to discrimination. The Committee also requests information on the results of these measures and their concrete impact on the access to employment of workers with family responsibilities.

Work organization. The Committee notes that the measures planed for under the strategic objective 1.1. of the NSGE 2021–30 on the equal division of unpaid domestic work, include the review of the legal framework and policies related to paid leave and flexibles working arrangements (measure 1.1.2.a), an online meeting to launch the findings of this review (measure 1.1.2.b), and the development of draft proposals for legislation or policies (measures 1.1.2.c-e). It however notes that the report of the Government does not provide information on the application, in practice, of the new parental leave entitlements provided for in the Labour Code to strengthen the protection of part-time and teleworking workers (sections 15 and 16). The Committee therefore asks the Government to provide information on whether proposals for a new legal and policy framework were developed. It also reiterates its requests for information on the application in practice of the legislation on parental leave, as well as on recourse to flexible work arrangements of part time, homeworking and teleworking, such as statistical date disaggregated by sex, on the number of workers with family responsibilities exercising such leave and working arrangement options.

Article 5. Childcare and family services and facilities. The Committee takes note of the adoption of the Law No. 121/2016 on social care services in the Republic of Albania, that requires from local governments that they prepare social plans based on the needs of their communities. The Government indicates that 87 per cent of the municipalities (58 of the 61 municipalities in the country), have formulated and adopted a local social plan, and that a total of 64 service centres have been established to provide social service care. The most supported groups were children, families, women and girls and the elderly. For families that include a person with disabilities, most municipalities cover the cost of transportation to receive therapeutic services in care centres, and the services often include a combination of day care services with the assistance of multidisciplinary teams directly to families. The Committee also notes the indication by the Government that mobile services were established in addition to the social centres to reach rural areas. While taking note of these measures, the Committee requests the Government to provide information on the number of families who use childcare services, elderly care, and other types of social services. The Committee also requests the Government to continue to provide information on the measures adopted to consider the needs of workers with family responsibilities in community planning and develop community services.

Article 6. Information and education. The Committee notes the Government indication that: (1) a number of awareness raising campaigns targeting employers and workers were conducted to inform them on the different forms of paid leave entitlements; and (2) it supported the development of family-friendly policies at the workplace. The Committee also notes that according to the NSGE 2021–30, the evaluation of the results of the National Strategy for Gender Equality and its Action Plan (2016–20) showed an increased participation of women in the labour market and a reduction of about 8 per cent in women’s unpaid work. In this regard, the Committee notes that strategic objective 1.1. of the NSGE 2021–30 on the equal division of unpaid domestic work, provides for the organization of 96 information activities on the importance of equal division of unpaid domestic work and care between men and women, over the course of four years. The Committee requests the Government to provide information on the impact of these educational sessions, in particular on the labour force participation rate of women. In addition, the Committee asks the Government to indicate if these sessions are also an opportunity to raise awareness on the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities.

Article 7. Vocational guidance and training. The Committee notes that the NSGE 2021–30 recognizes the importance of receiving education and training throughout life, and to be employed and receive continuous training to advance towards new occupations and challenging gender stereotypes and division of labour. The NSGE 2021–30 further provides for an increased access of women and girls in all their diversity to financial services and products and productive resources (specific objective 1.2) and to non-traditional jobs (in particular in science, technology, engineering, mathematics (STEM), etc.) (strategic objective 1.3). The Government informs the Committee of the adoption of the Law no. 15/2019 on the promotion of employment, establishing the National Agency for Employment and Skills, responsible for managing the employment programs and the vocational education and training activities. The Committee requests the Government to specify whether the activities conducted to implement the strategic objectives 1.2 and 1.3 of the National Strategy for Gender Equality 2021-2030 include activities aiming at providing access to vocational guidance and training designed to enable workers with family responsibilities to become and remain integrated into the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. The Committee also requests the Government to provide information on the activities of the National Agency for Employment Skills in this regard.

Article 8. Protection against dismissal. The Committee notes that the Government does not provide information on the implementation in practice of the legislation against discrimination in employment and occupation on the basis of family status (section 9 of the Labour Code and section 12 of the Law no. 10/221 on protection from discrimination). The Committee recalls the importance of effective and dissuasive penalties to ensure the effective application of the Convention, as well as of awareness raison on the right of workers with family responsibilities to engage in employment without discrimination (General Survey of 2023, paragraph 470). The Committee requests the Government to provide information on any relevant court decision involving the question of dismissal on the basis of family status, including information on the number of cases detected, as well as information on the outcome of these cases (nature of the sanctions imposed and amounts granted as compensation).

Article 11. Cooperation with workers and employers’ organizations. The Committee takes note of the Government’s indication that the National Labour Council will be convened soon to consult on issues related to the implementation of the Convention. The Committee recalls that employers’ and workers’ organizations have a key role to play in the implementation of the Convention. It further recalls the importance of the social partners reaching out agreement on the design, monitoring, implementation an evaluation of the measures adopted to give effect to the Convention with a view to ensuring its relevance, raising awareness of its existence, promoting its wider acceptance and ownership, and enhancing its effectiveness. To these ends, the Committee also encourages the Government to promote the increased presence and representation of women in social dialogue institutions (General Survey of 2023, paragraph 312). The Committee requests the Government to provide information on the manner in which the participation of employers’ and workers’ organizations is promoted to devise and apply measures designed to give effect to the Convention, including in the context of the implementation of the National Strategy for Gender Equality 2021–30 or any other relevant policy.