CMNT_TITLE

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Albania (RATIFICATION: 2005)

Other comments on C173

Direct Request

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Articles 6 and 8 of the Convention. Minimum coverage of privileged protection. Rank of privilege. The Committee notes the Government’s statement that section 124(2) of the Labour Code grants first rank privilege to all service-related claims of employees, including but not limited to claims for unpaid wages, holiday pay, justified absence such as maternity leave or sick leave, and severance pay. It also notes the Government's explanations that section 605 of the Civil Code setting out the distribution order overrides the relevant provisions of the Bankruptcy Law so that employee claims deriving from a labour relationship take priority over claims of the State, the Social Insurance Institute and secured creditors. The Committee requests the Government to consider at the next suitable occasion measures to: (i) specify the different claims covered by privileged protection under section 124(2) of the Labour Code; and (ii) remove any uncertainty as to the rank of privilege afforded to employee claims because of the conflicting provisions in the Civil Code and the Bankruptcy Law.

Part IV of the report form. Practical application. The Committee would be grateful if the Government would provide up-to-date information concerning the practical application of the Convention, including for instance the number of workers covered by measures giving effect to the Convention, and copies of judicial decisions involving questions of principle relating to the application of the Convention.