CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Albania (RATIFICATION: 1957)

Other comments on C087

Observation

Direct Request

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The Committee recalls that it previously requested the Government to provide its comments on the 2019 observations of the International Trade Union Confederation (ITUC) in which the latter alleged violations of trade union rights in practice and, in particular, that workers were often unable to join the union of their own choosing and it was difficult for union federations to open bank accounts. The Committee regrets that the Government provides no reply thereto. Emphasizing the importance of governments’ replies to the observations of the social partners, the Committee reiterates its above request.

Article 2 of the Convention. Right to organize of foreign workers. In its previous comments, the Committee requested the Government to take without delay the necessary measures, including through possible legislative amendments, to ensure that all foreign workers, whether or not they have a residence or a working permit, benefit from the trade union rights enshrined in the Convention. The Committee notes the adoption of Law No. 79/2021 on Foreigners, and the Government’s indication that according to section 5 of the Law, foreigners residing in the Republic of Albania shall enjoy the rights enshrined in the Constitution and the ratified international Conventions. Furthermore, pursuant to the same provision, in the course of their decision-making concerning foreigners, the designated authorities shall apply the provisions of the Law in accordance with the fundamental rights and freedoms enshrined in the Constitution, and the ratified international Conventions and agreements. The Committee further notes the Government’s indication that the Labour Code is the legislation that regulates freedom of association and the right to organize. The Committee notes the Government’s indication that foreigners with regular stay in the country enjoy the right to join organizations and foreigners whose stay is irregular must leave Albania. The Government further indicates that in light of the Committee’s request, it is necessary to carry out an analysis of the national legislation regulating the right of foreign workers to join trade unions with a special focus on workers without residence permits in order to prepare the necessary amendments to comply with the Convention. The Committee requests the Government to provide information on all measures taken to that end and recalls that the Governmentmay avail itself of the technical assistance of the ILO in this regard.

Article 3. Right of organizations to organize their activities and formulate their programmes. In its previous comments, the Committee requested the Government to indicate whether civil servants not exercising authority in the name of the state, and working in the transport and public television services may exercise the right to strike, subject to the possible establishments of minimum services and, if these civil servants are not able to exercise the said right, to take the necessary measures to amend the legislation (section 35 of the Act on civil servants (No. 152 of 2013)). The Committee notes the Government’s indication that while civil servants enjoy the right to strike, except those who exercise authority in the name of the state, the right to strike is not allowed in essential services, such as transport and public television. The Committee considers that essential services, for the purposes of restricting or prohibiting the right to strike, are only those “the interruption of which would endanger the life, personal safety or health of the whole or part of the population”, and that transport and public television are not essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraphs 131, 134 and 135). The Committee once again recalls that the introduction of a negotiated minimum service, as a possible alternative to the full prohibition of strike action in these public services in which it is important to deliver the basic needs of users, could be appropriate (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee once again requests the Government to take the necessary measures to amend section 35 of the Act on civil servants accordingly and to provide information on measures taken to that end.