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The Committee notes the Government’s report and wishes to draw attention to the following points.

Article 2 of the Convention. Scope of application. The Committee recalls its previous comment in which it requested the Government to specify the categories of workers who are currently excluded from the scope of application of the Labour Code under the terms of section 4. In the absence of a reply on this point, the Committee again asks the Government to indicate any categories of workers who may be exempted from the protective coverage of the Labour Code and to explain how it is ensured that the earnings of those workers are adequately protected in accordance with the requirements of this Convention.

Article 4. Partial payment of wages in kind. The Committee notes that section 118(2) of the Labour Code authorizes the payment of wages in kind only within the limits set by decision of the Council of Ministers. Recalling that the Convention requires specific provisions to ensure that the goods and services which may be offered in lieu of cash wages are appropriate for the personal use and benefit of the worker and his/her family and that they are valued fairly, the Committee would appreciate receiving a copy of any relevant decision which may have so far been adopted by the Council of Ministers. In this connection, the Committee draws the Government’s attention to paragraphs 104–160 of its 2003 General Survey on the protection of wages, which offer guidance concerning possible ways in which legislative conformity with this Article of the Convention may be ensured.

In addition, the Committee recalls that the Convention specifically requires the partial payment of wages in kind to be regulated only by national law or regulation, collective agreement or arbitration awards, and not individual agreement. It therefore considers that section 118(2) of the Labour Code is not fully consistent with the Convention to the extent that it permits allowances in kind to be negotiated and agreed upon by the employer and the worker. The Committee requests the Government to take the appropriate action in order to bring the national legislation into line with the requirements of the Convention in this respect.

Article 7. Works stores. The Committee notes the Government’s indication that the national legislation does not permit enterprises to sell their products to their employees. The Committee observes, however, that by “works stores” the Convention refers to company stores owned or operated by the employer for the sale of any commodities to the workers and not only of the enterprise’s own manufactured products (for instance shops selling clothing, food, household articles, etc.). Recalling that the intention behind this Article of the Convention is to protect the workers’ freedom to make use of such stores or services at their sole discretion and also to ensure that goods or services are provided at fair and reasonable prices for the benefit of the workers concerned, the Committee would be grateful if the Government would specify whether any such arrangements exist and, if so, how their operation is regulated in law and practice.

Article 10. Assignment of wages. The Committee has been requesting the Government to clarify whether the national legislation regulates the notion of assignment of wages, that is to say, the possibility for an indebted worker to agree with the competent judicial or administrative authorities upon a voluntary arrangement whereby part of his/her wages are paid directly to the creditor in settlement of his/her debts. Even though the attachment of wages, i.e. the withholding of part of the worker’s wages by the employer in application of a court order, is permitted within the limits set out in section 123 of the Labour Code, it is not clear whether similar provisions exist for the assignment of wages. The Committee requests the Government to supply additional explanations in this regard.

Article 13. Time and place of payment of wages. Further to its previous comment on this point, the Committee recalls that the Labour Code, as it currently stands, does not give effect to this Article of the Convention since it does not provide for the payment of wages on working days only and at or near the workplace nor does it contain any provision expressly prohibiting the payment of wages in taverns, similar places of amusement, or commercial shops. Even though the provisions of this Article of the Convention may appear less relevant today in view of the increasing use of non-cash methods of payment of wages, such as direct bank transfers, the Committee considers that they still offer protection to large numbers of workers, especially rural workers, to whom electronic means of payment are yet unknown. It therefore requests the Government to take appropriate action in order to align its legislation with the requirements of the Convention in this regard.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report up to date information on the application of the Convention in practice, including, for instance, extracts from reports of the labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, any difficulties encountered in the regular payment of wages either in the public or the private sector as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

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The Committee notes the Government’s communication dated 5 May 2005 in reply to the observations made by the Trade Unions Confederation of Albania (CTUA) regarding the application of the Convention. The Committee considers, however, that the Government’s comments are not relevant to the provisions of the Convention nor do they respond to the specific points raised in the communications of the CTUA, especially as regards the cases of unjustified wage deductions for the payment of municipal taxes without such deductions being provided for in the law. The Committee therefore asks the Government to supply in its next report clearer explanations on these points as well as detailed and documented information on all the issues addressed in the Committee’s last direct request.

Moreover, the Committee notes with interest the Government’s recent ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), and the acceptance of the obligations of Part II of this Convention providing for the protection of workers’ claims by means of a privilege, which involves ipso jure the termination of its obligations under Article 11 of Convention No. 95.

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The Committee takes due note of the information provided by the Government in its reports. It also notes the comments supplied by the Confederation of Trade Unions of Albania (CTUA) dated 21 October 2003 and 30 September 2004. The Committee wishes to draw the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of the Labour Code, persons whose employment is regulated by a special law are excluded from its scope of application. While recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee asks the Government to specify the categories of workers excluded under this provision and to indicate the laws or regulations giving effect to the requirements of the Convention with respect to these categories.

Article 4, paragraph 2. The Committee notes that under section 118(2) of the Labour Code, the partial payment of wages in kind is authorized provided that the parties so agree in writing and respect the limits set by the Decision of the Council of Ministers. According to the same provision, payment in kind is only meant to cover accommodation and food that is consumed by the employee during the breaks at the workplace. However, the Labour Code does not contain an explicit prohibition against the payment in the form of alcoholic drinks or noxious drugs, nor does it specify the manner in which it is ensured that the value attributed to allowances in kind is fair and reasonable. The Committee requests therefore the Government to provide supplementary information in this respect and to transmit a copy of any relevant Decision of the Council of Ministers.

Article 7. The Committee would be grateful if the Government could specify whether any works stores for the sale of commodities to the workers are in operation, and if so, indicate the provisions ensuring that such stores or services are not operated for the purpose of securing profit but for the benefit of the workers concerned.

Article 8. The Committee notes the comments made by the Confederation of Trade Unions of Albania (CTUA) according to which there have been numerous cases of municipal taxes being deducted from wages contrary to section 117(1) of the Labour Code which only allows for the deduction of income tax and social security contributions. In its reply, the Government admits that such irregularities are observed, especially in the municipalities of Tirana and Kavaja. The Committee trusts that the Government will take all necessary measures to put an end to such practices and to ensure strict compliance with the provisions of the Labour Code in respect of wage deductions.

Article 10. While noting the provisions of the Labour Code concerning the attachment of wages, the Committee would appreciate if the Government could indicate the provisions regulating the conditions under which and the limits within which wages may be assigned.

Article 13, paragraph 1. The Committee notes that the general labour legislation does not expressly provide for the payment of wages on working days only and at or near the workplace, nor does it contain any provision specifically prohibiting the payment of wages in taverns or similar establishments. The Committee wishes to refer, in this connection, to paragraphs 400 and 413 of its 2003 General Survey on the protection of wages in which it considered that any formal arrangements regulating the payment of wages by postal or bank transfer would appear to fall well within the exceptions permitted by Article 13, paragraph 1 (that is exceptions "provided by national laws or regulations") and would therefore pose no problem in regard to this Article, but also stated that the provision of this Article of the Convention is undoubtedly still relevant in a large number of countries, notably with regard to labour remuneration practices concerning agricultural workers. The Committee therefore hopes that on an appropriate occasion measures will be taken to ensure the application of the requirements of the Convention regarding the place and time of wage payment, especially in those occupations or branches of activity where the payment by bank transfer, or other non-cash methods of payment, is not practicable or generalized.

Part V of the report form. The Committee would be grateful if the Government would communicate in its next report concrete information on the effect given to the Convention in practice, including for instance reports of labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

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The Committee notes with interest the Government’s first report, received in September 2003. It also notes the comments supplied by the Confederation of Trade Unions. The Committee will examine the Government’s report and the comments of the organization in detail at its next session and welcomes any additional information that the Government may wish to provide.