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Labour Inspection Convention, 1947 (No. 81) - Albania (RATIFICATION: 2004)

Other comments on C081

Observation

Direct Request

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The Committee notes the Government’s report received on 2 November 2010.

Legislation. The Government refers to a draft decision on the organization and functioning of the State Labour Inspectorate. The Committee would be grateful if the Government would provide a copy of this decision once it has been adopted and of any other text issued under the Labour Inspection Act of 30 October 2006, as well as information on the results of their implementation.

Articles 2 and 23 of the Convention. Workplaces liable to labour inspection. In its previous comments, the Committee noted that, under the terms of section 4(1)(b) of the Labour Inspection Act, workplaces in which labour relations and occupational safety and health are governed by specific laws are excluded from the scope of competence of the labour inspection. The Committee requests the Government to indicate whether commercial and industrial workplaces exist in the sectors covered by specific laws and whether those laws provide for dedicated labour inspection services.

Article 3(1). Functions of the system of labour inspection. The Committee notes that, according to the report on the activities of the labour inspection services for 2009, one of the priorities of labour inspection is the elimination of illegal employment in the hotels and restaurants sector during the tourist season. The Committee would be grateful if the Government would indicate the impact of inspections devoted to undeclared work regarding the application of legal provisions relating to conditions of work and the protection of workers, indicate the measures taken by labour inspectors to resolve cases of undeclared work and provide copies of court decisions on this subject.

Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. The Government refers in its report to cooperation agreements between the labour inspection services, on the one hand, and the general directorate of taxation, the health inspectorate, the national employment service and the environmental inspectorate, on the other. The Committee notes from the report of the 2009, ILO audit of the labour inspection services that, despite the existence of these agreements, cooperation is very limited in practice. It also notes from the same report the indication that, while cooperation between the labour inspection services and the public health inspectorate is good at the central and ministerial levels, it had not however worked at the local level for two to three years prior to the audit. The Committee notes with interest the information contained in the audit report, according to which the Ministry of Labour has established a National Health and Safety Commission, with the participation of the representatives of institutions responsible for matters relating to working conditions and safety and health with a view to increasing the effectiveness and cooperation of the labour inspectorate with these institutions. The Committee would be grateful if the Government would provide information on the work of this Commission and the results achieved, including at the local level. It also requests the Government to indicate the measures adopted or envisaged to increase cooperation with the other Government services referred to above and to provide copies of the cooperation agreements to which reference is made, as well as information on their implementation in practice, together with any document or report relating to such cooperation.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. With reference to its previous comments on collaboration with employers’ and workers’ organizations in the field of occupational safety and health, the Committee once again asks the Government to indicate whether arrangements or agreements have been concluded with a view to the application of section 12 of the Labour Inspection Act and, if so, to describe their content, modalities, arrangements and results.

Article 6, 7 and 15(a). Recruitment, conditions of service, training and ethics of labour inspectors. The Committee notes from the audit report that the wages and bonuses of labour inspectors are not very attractive and that there is no real human resources strategy for recruitment and career development, or any real training plan. It also observes that the lack of mechanisms for entrusting responsibility in the public administration and the frequent replacement of officials may affect their independence. The Committee recalls that, as indicated in its 2006 General Survey (paragraphs 202 and 204), it is vital that the levels of remuneration and career prospects of inspectors be such that high-quality staff are attracted, retained and protected from any improper influence. It also recalls that, in accordance with Article 7 of the Convention, labour inspectors shall be recruited with sole regard to their qualifications and shall be adequately trained for the performance of their duties; under the terms of Article 6, their status and conditions of service must be such that they are assured of stability of employment and are independent of changes of government and of improper external influences; finally, in accordance with Article 15(a), labour inspectors shall be prohibited from having any direct or indirect interest in the undertakings under their supervision.

The Committee requests the Government to indicate the measures adopted or envisaged to ensure that effect is given to Articles 6 and 7 of the Convention in both law and practice. In particular, the Committee would be grateful if the Government would specify the status, remuneration scale and career prospects of labour inspectors in relation to other comparable categories of public officials and any measures adopted to improve these conditions of service. It would also be grateful if the Government would indicate the measures adopted or envisaged to ensure the training of labour inspectors when they enter the service and during their employment.

Furthermore, noting that, in accordance with sections 17, 18 and 19 of the Labour Inspection Act, inspectors are liable to disciplinary procedures in the event of conflicts of interest or violations of the ethical code of the public service (Act No. 9131 of 2003), the Committee would be grateful if the Government would provide information on the effect given in practice to these provisions and provide a copy of Act No. 9131 of 2003.

Finally, noting that, according to the activities report of 2009, one of the priorities of the labour inspection services is the introduction of a new method for the periodic evaluation of the work of inspectors, the Committee would be grateful if the Government would provide details on this method and information on its impact on the results achieved by labour inspectors.

Articles 10, 11 and 16. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee notes the indication in the audit report that only 70 per cent of enterprises are covered by the inspection services due to the inadequacy of the personnel, equipment, vehicles, financial resources and the lack of reimbursement of travel expenses. The Committee recalls that, as underlined in paragraph 238 of its 2006 General Survey, it is the responsibility of the competent authority to make the necessary arrangements to make it possible for the functions of the labour inspectorate to be carried out effectively, not only through an adequate number of staff and appropriate conditions for hiring, training and service, but also through the provision of the necessary resources for the staff to perform their tasks. It also recalls that, in accordance with Article 10 of the Convention, the number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate, and that in accordance with Article 11, inspectors shall be furnished with suitably equipped local offices and the transport facilities necessary for the performance of their duties (paragraph 1), and any travelling and incidental expense to this end should be reimbursed to them (paragraph 2). The Committee requests the Government to indicate the measures adopted or envisaged, including through international cooperation, to improve the budget allocated to labour inspection so as to be able to ensure an increase in the number of inspectors, appropriate equipment and sufficient transport facilities, as well as the reimbursement of the travelling and incidental expenses necessary for the performance of inspection duties.

Article 12(1). Right of inspectors to free entry of workplaces. In its previous comments, the Committee noted that, under section 4(2) of the Labour Inspection Act, the access of inspectors to workplaces depends on authorization issued by the competent authorities “in particular cases”. It notes from the audit report that the discretionary powers of inspectors for visiting any enterprise on their own initiative are limited, as 95 per cent of the inspections carried out are set out in the regional and central plan established previously by their respective authorities and they do not have real autonomy to organize inspections in their local areas at their own initiative. The Committee recalls that, as explained in its 2006 General Survey (paragraphs 265 and 266), the requirement of prior authorization is not in conformity with the principle of the free entry of inspectors into workplaces liable to inspection, as set out in Article 12. The Committee once again requests the Government to provide, in the light of the above, further details on the scope of the practical application of this provision in relation to the industrial and commercial workplaces covered by virtue of the Convention. It also requests the Government to indicate the measures adopted or envisaged to entrust labour inspectors with the right of free entry to workplaces liable to their control, while performing inspections planned from time to time by the central and regional level authorities.

Articles 13 and 14. Inspections in the field of safety and health, powers of injunction of labour inspectors in case of threats to the safety and health of workers and obligation to notify industrial accidents and cases of occupational disease. The Committee notes that, according to the activities report of the labour inspection services for 2009, one of the priorities of the labour inspectorate is the supervision of safety and health in high-risk activities. Nevertheless, according to the statistics contained in the annual report, inspections are not concentrated on sectors with the highest number of serious and fatal industrial accidents, such as construction, manufacturing and mining. According with the statistics provided by the Government on industrial accidents and cases of occupational diseases, 2009, 112 industrial accidents (including 35 fatal) and 29 cases of occupational diseases had been notified. The Committee also notes that the Government refers to a case in 2008 concerning the suspension of operations of a melting steel company’s department due to repeated failure to comply with technical and safety standards, which had previously caused serious accidents, including fatal ones.

The Committee emphasizes the importance of a systematic data mechanism so that the labour inspectorate is provided with the data it needs to identify high-risk activities and the most vulnerable categories of workers, and to seek the causes of occupational accidents and cases of disease in workplaces liable to inspection. The Committee cannot overemphasize the importance of the preventive function of labour inspection, which is increasingly a major factor in the economic and social health of the community as a whole. The existence of a close link between the prevention of occupational risks and economic growth is therefore widely accepted (see the 2006 General Survey, paragraph 118).

The Committee would be grateful if the Government would indicate the measures adopted or envisaged to reinforce the activities of the labour inspection services in sectors with a high level of risk for safety and health and the results achieved, including through the use by inspectors of powers of injunction in the event of imminent danger to the health and safety of the workers. The Committee would also be grateful if the Government would describe the procedure followed for the notification of industrial accidents and cases of occupational disease, as well as any measure adopted or envisaged to improve the effectiveness of this system and to ensure appropriate follow-up by labour inspectors for the investigation of such cases. In this respect, the Committee draws the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and cases of diseases, which is available at the following site: http://www.ilo.org/wcmsp5 /groups/public/---ed_protect/---protrav/---safework/documents/normative instrument/wcms_07800.pdf.

Articles 17 and 18. Prosecutions and penalties. The Committee notes that, according to the 2009 inspection report, from the 11,724 inspections carried out, only 201 fines were imposed for reported violations. It also notes from the audit report on labour inspection that, in 2008, inspectors issued 212 fines and that in practice it is very rare for fines to be issued due to the fact that the inspectorate, in the event of a judicial execution for the enforcement of an order, has to pay an advance of 7 per cent of the amount of the fine pronounced, which it cannot recover. The Committee recalls that, according to its 2006 General Survey (paragraph 284), inspectors should be able to deal with non-compliance with legal provisions with appropriate severity to guarantee the effectiveness of the inspection system. It emphasizes that Article 18 of the Convention provides that adequate penalties for violations of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced. Considering that the obligation of the advance payment of 7 per cent of the amount of the fine to be judicially enforced is such as to detract from the effectiveness of the labour inspection system, the Committee requests the Government to specify the action taken on the recommendations made by the audit on this subject and, where applicable, to indicate the measures adopted or envisaged to relieve the labour inspectorate of the payment of an advance on the collection of fines through judicial channels.

With reference to its previous comments, and its general observation of 2007 on the importance of cooperation between the labour inspection services and the justice system, the Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure effective cooperation between the labour inspection services and the justice system with a view to ensuring the success of binding labour inspection measures, as well as numerical data illustrating the manner in which the justice system deals with the cases referred to them of violations reported by labour inspectors.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. While noting with interest the annual report on labour inspection of 2009 transmitted to the Office, the Committee recalls that, in accordance with Article 20, such report has to be published. The Committee would be grateful if the Government would indicate any measures adopted or envisaged to ensure the publication of the annual labour inspection report.