ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Maritime Labour Convention, 2006 (MLC, 2006) - Albania (RATIFICATION: 2016)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) submitted after an initial examination by the Committee on the basis of information publicly available, in the framework of the “urgent appeal” procedure. Following a review of the information provided, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Article II of the Convention. Definitions and scope of application. Noting the absence of information in this respect in the Government’s report, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the national legislation applies to all seafarers and ships as defined in Article II, paragraphs (1)(f) and (i), 2 and 4.
Article VII. Consultations. The Committee brings the attention of the Government to the fact that a number of provisions of the Convention provide for consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to list the shipowners’ and seafarers’ organizations that the competent authority or authorities consult in matters relating to the application of the Convention, and to indicate the arrangements for consultations with such representative organizations as required by the Convention or the appropriate national regulations.
Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication that according to article 108 of the Maritime Code, only persons who have reached the age of 16 can be employed in Albanian vessels; persons who have reached the minimum age according to the Labour Code may only be employed in small vessels. Recalling that Standard A1.1, paragraph 1 does not allow for any exceptions, the Committee accordingly reiterates its request to the Government to adopt the necessary measures to ensure that no person under 16 years may be employed, engaged or work on any ship to which the Convention applies.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. In reply to the Committee’s previous comment, the Government indicates that night work is defined by section 80 of the Labour Code as work carried out between 10 p.m. to 6 a.m., and that it is prohibited to seafarers under 18 (Section 101 of the Labour Code). The Committee requests the Government to adopt the necessary measures to ensure (i) that night work prohibited to seafarers under 18 shall cover a period of at least 9 hours (Standard A1.1, paragraph 2); and (ii) that exceptions to such prohibition are only allowed in conformity with Standard A1.1, paragraph 3.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work.Noting the Government’s reply that no applicable provisions exist in this respect, the Committee reiterates its previous request to the Government to take the necessary measures to determine the types of hazardous work for seafarers under 18 years of age, after consultation with the shipowners’ and seafarers’ organizations concerned.
Regulation 1.2 and the Code. Medical certificate. The Committee notes the Government’s indication, in reply to its previous comment, that section 143 of the Maritime Code of the Republic of Albania regulates medical examinations. The Government also indicates that order of the Minister of Transport No. 113, dated 13.12.2011 on training and certification of seafarers, regulates the requirements concerning the nature of the medical examination and the right of appeal (sections 10 and 11), and defines the standard wording in the medical form. The Committee notes however that the Government does not provide the text of such provisions and does not clarify if such order gives effect to R 1.2 and Standard A1.2 with respect to seafarers who are not members of the crew and who are not of Albanian nationality. In order to assess the compliance with the requirements of the Convention, the Committee requests the Government to provide a copy of the Order of the Minister of Transport No.113, dated 13.12.2011 for the approval of the Regulation on training and certification of seafarers.
Regulation 1.3. Training and qualifications. The Committee notes that Order No. 134 of the Minister of the Infrastructure and Energy, dated 27.6.2022, on the approval of the regulation on the minimal level of the seafarers’ training, provides that the General Maritime Directorate takes the necessary measures to ensure that sailors who serve on board ships sailing at sea and carrying the Albanian flag are trained in accordance with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978. The Committee also notes that the Government has not provided information on the national provisions which prescribe mandatory personal safety training for all persons working on board. The Committee recalls that under Regulation 1.3, paragraph 2, seafarers who are not members of the crew shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship. The Committee therefore requests the Government to indicate the measures taken to ensure full compliance with these requirements of the Convention.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that there are no public or private recruitment services operating in the country, that no shipowners use recruitment and placement services that operate in countries that have not ratified the Convention, and that there are no national provisions for licensing and monitoring seafarer recruitment and placement services. The Committee requests the Government to provide information on how seafarers are recruited for working on ships flying the Albanian flag and on ships flying the flags of other countries, and to indicate how it gives effect to Standard A1.4, paragraph 8 (measures to advise its nationals on the possible problems of signing on a ship that flies the flag of a country which has not ratified the Convention).
Regulation 2.1 and the Code. Seafarers’ employment agreements.Noting the absence of information in this respect in the Government’s report, the Committee requests the Government to provide information on how it ensures compliance with these provisions of the Convention.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. Noting the absence of information in this respect in the Government’s report, the Committee reiterates its previous request.
Regulation 2.2 and the Code. Wages.Noting the Government’s indication in its report that there are currently no national laws or regulations in this respect, the Committee requests the Government to take the necessary measures to ensure full conformity with Regulation 2.2 and the Code of the Convention, and to provide a copy of the relevant national provisions with its next report.
Regulation 2.3 and Standard A2.3, paragraphs 7 to 9, 12 and 14. Hours of work and hours of rest. Drills, on call work, immediate safety and distress at sea. Records. The Committee notes the Government’s indication that there are currently no requirements relating to the minimizing of disturbances by drills, on call work, immediate safety and distress at sea and the granting of compensatory rest, and that there are no national provisions to ensure the recording of accurate daily hours of work or rest. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.3, paragraphs 1, 7 to 9, 12 and 14.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Recalling that Standard A2.4 calls for the adoption of laws and regulations, and noting the absence of national provisions in this respect, the Committee requests the Government to take the necessary measures to give full effect to Regulation 2.4, paragraph 2.
Regulation 2.5 and the Code. Repatriation. The Government indicates in its report that section 129 of the Maritime Code foresees that when the employment ends before the date specified in the contract while the seafarer is in a foreign port for health disability, or the contract ends for serious defect, obsolescence, destruction of the vessel or running aground, the seafarer is entitled to the costs of repatriation. The Committee requests the Government to provide information on how it ensures that shipowners pay for the repatriation of seafarers in all cases where seafarers are entitled to this right (Standard A2.5, paragraph 1), specifying the precise entitlements to be accorded by shipowners, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered, and other arrangements (Standard A2.5, paragraph 2(c)). The Committee also notes the Government’s indication that the existing legislation does not establish a maximum period of service on board following which a seafarer is entitled to repatriation, as required by Standard A2.5, paragraph 2(b).The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to these requirements of the Convention. Finally, recalling that ships must provide financial security to ensure that seafarers’ repatriation takes place, the Committee further requests the Government to provide information on the measures adopted or envisaged to give full effect to the provisions of Regulation 2.5, paragraph 2.
Regulation 2.7 and the Code. Manning levels. The Committee notes that section 100 of the Maritime Code provides that the crew composition is determined by the shipowner but in any case it should have, among others, a cook; depending on the size of the vessel, one person can do several functions, when they are professionally capable. The Committee also notes the Government’s indication that there are no national provisions specifically requiring to take into account the need to avoid or minimize excessive hours of work and limit fatigue (Standard A2.7, paragraphs 1 and 2) and food and catering requirements (Standard A2.7, paragraph 3) when determining manning levels. The Committee requests the Government to adopt the necessary measures to fully take into account all the requirements of Standard A2.7 when determining manning levels. It also requests the Government to provide information on any machinery established by the flag State for the investigation and settlement of complaints or disputes concerning the manning levels on a ship (Guideline B2.7).
Regulation 2.8 and the Code. Career and skill development and employment opportunities. The Committee notes the Government’s reply to its previous comment that the Order of the Minister of Transport No. 113, dated 13.12.2011, provides the level of training and certification necessary for the Albanian seafarers to work in shipping, and that Albania does not have a register that govern the access of seafarers to employment. The Committee requests the Government to provide information on any developments regarding the adoption of national policies that encourage career and skill development and employment opportunities for seafarers.
Regulation 3.1 and the Code. Accommodation and recreational facilities. In reply to the Committee’s previous comment, the Government indicates that on-board inspections of seafarers’ accommodations are to be carried out every 6 months and that national legislation does not set requirements for hospital accommodation or recreational facilities, and that no exemptions have been given to ships of less than 200 gross tonnage. The Committee notes that the Government has not provided any information regarding the provisions regulating accommodation on board Albanian flagged vessels. It also notes that section 144 of the Maritime Code contains only a general provision establishing that the living conditions of the crews on Albanian ships are approved by the health commission, concerning the positions of sleeping places, the minimum space for each person in the sleeping compartments, the necessary equipment for sleeping and other common areas, measures to protect the crew from injuries, heat, cold, and noise on board, equipment for water, heating, lighting, ventilation, and sanitary facilities. Recalling that the competent authority of each Member shall adopt laws and regulations requiring that ships that fly its flag meet the minimum standards for on-board accommodation and recreational facilities that are set out in Standard A3.1 paragraphs 6–17 (Standard A3.1, paragraph 5), the Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention.
Regulation 3.2 and the Code. Food and catering. Noting that the Government has not responded to its request on this matter, the Committee requests the Government to provide information on the measures taken to ensure full compliance with Standard A3.2, paragraphs 1 and 2 on minimum standards for the quantity and quality of food and drinking water and catering standards with respect to all seafarers working on ships covered by the Convention.
Regulation 4.1 and the Code. Medical care on board and ashore. The Government indicates in its report that, according to section 112 of the Maritime Code, when a crew member of an Albanian vessel, during a voyage or in a foreign port, receives necessary medical treatment to preserve their health, which cannot be delayed without jeopardizing their life, the expenses are covered by the employer. The Committee notes that no information is provided on whether health protection measures and medical care provided free of charge to seafarers also include the right to visit a qualified medical doctor or dentist without delay in ports of call (paragraph 1(c)), as well as measures of a preventative character (paragraph 1(e)).The Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention and to provide information on how it ensures that seafarers on board Albanian flagged vessels are given health protection and medical care as comparable as possible to that which is generally available to workers ashore (Standard A4.1, paragraph 1(b)).
Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that the provisions indicated by the Government only cover limited aspects of the shipowners’ liability under Regulation 4.2. The Committee recalls that Standard A4.2.1, paragraph 1, provides for the adoption of laws and regulations requiring that shipowners of ships that fly the Member’s flag are responsible for health protection and medical care of all seafarers working on board the ships in accordance with the minimum standards provided for in paragraphs 1 and 3 of this Standard, with the possible limitations and exemptions envisaged in paragraphs 2 and 4 to 6. The Committee also notes that section 113 of the Maritime Code provides for seafarers’ property to be safeguarded in case of the seafarers’ death but does not make similar provision in case of seafarers’ sickness or injury, as provided for under Standard A4.2.1, paragraph 7. The Committee requests the Government to indicate the measures adopted to give full effect to the specific requirements of Standard A4.2.1, paragraphs 1 to 7.
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, in reply to its previous comment, the Government refers to generally applicable provisions respecting health and safety at the workplace. For the implementation of the provisions of Law No. 10237 dated 18.02.2010, on occupation safety and health, the responsible state authorities’ draft regulations according to their field of activity (such as maritime), for determining the procedures and structures for controlling the implementation of the provisions of the law. The Committee notes, however, that the Government refers in this regard to a regulation on minimum requirements for occupational safety and health on the board of fishing vessels and to section 142 of the Maritime Code, which do not implement the detailed requirements of the Convention. The Committee requests the Government to indicate the specific legislative provisions and other measures that give effect to Regulation 4.3, paragraph 3, and to the detailed requirements of Standard A4.3. The Committee also requests the Government to provide information on the national guidelines for the management of occupational safety and health on board ships that are to be adopted after consultation with representative shipowners’ and seafarers’ organizations (Regulation A4.3, paragraph 2).
Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes the Government’s reply to its previous comment referring to sections 14 to 16 of the Law no. 10237, dated 18.02.2010, on occupational safety and health, which provide for the establishment of an Occupational Safety and Health Council in enterprises with more than 50 employees. The Committee recalls that Standard A4.3, paragraph 2(d), provides that a ship’s safety committee shall be established on board a ship on which there are five or more seafarers. The Committee requests the Government to indicate the measures adopted to give full effect to this requirement of the Convention.
Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee notes that the Government refers to the regulation on the minimum requirements of occupational safety and health on the board of fishing vessels, which are excluded from the scope of application of the Convention, and to section 148 of the Maritime Code, which does not address the requirements of the Convention. The Committee therefore requests the Government to provide information on the manner in which (i) occupational accidents, injuries and diseases are reported taking into account guidance from the ILO; (ii) statistics regarding occupational accidents and diseases relating to seafarers covered by the Convention are kept, analysed and published and on how they are analysed by the shipowner when conducting a risk evaluation in relation to occupational health and safety on board.
Regulation 4.4 and Standard A4.4, paragraph 3. Access to shore-based welfare facilities. Welfare boards. Noting the absence of information in this respect in the Government’s report, the Committee reiterates its previous request to the Government to provide information on any measures taken to encourage the establishment of welfare boards for regularly reviewing welfare facilities and services, as required by the Convention.
Regulation 4.5 and the Code. Social security. The Committee notes that all residents of Albania have access to medical care through the universal healthcare system. It also notes the legislative provisions and information provided by the Government on the monitoring of contributions made by shipowners and seafarers, and on the established procedures for the settlement of disputes relating to social security. The Government also indicates that it has signed social protection agreements with several countries, to determine the applicable legislation to seafarers who work on board ships flying the flag of one of the contracting states, and provide for the maintenance of the rights of seafarers falling under the purview of such agreements. The Committee takes note of this information. In reply to the Committee’s previous comment, the Government further indicates that seafarers are covered by Law No. 7703, dated 11.05.1993, on social insurance in the Republic of Albania, as amended, which provides for compulsory social insurance of all economically active people (employees and self-employed people) in case of reduced income as a result of pregnancy, old age, disability and loss of a breadwinner. Employees are also covered as regards to temporary disability at work due to illness, accident at work and occupational diseases and unemployment. The Committee requests the Government to clarify whether seafarers ordinarily residents in Albania who work on ships flying the flag of countries not covered by the above-mentioned bilateral agreements are granted social security benefits under the Albanian social security system, which are no less favourable than those enjoyed by shoreworkers resident in Albania (Standard A4.5, paragraph3). It further requests the Government to indicate if consideration has been given to ways to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6). The Committee notes that the Government has not provided information on other legislative measures currently planned to improve the benefits currently provided to seafarers or to extend social security protection for seafarers to branches not covered at present (Standard A4.5, paragraph 11). The Committee requests the Government to keep it informed on any future developments in this regard.
Regulation 5.1 and the Code. Flag state responsibilities. The Committee notes the Government’s indication that no national provisions have been adopted to implement the specific procedures and requirements provided for under Regulation 5.1 of the Convention with regard to flag State responsibilities. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Regulation 5.1 of the Convention, including with regard to Regulation 5.1.3 on the maritime labour certificate and declaration of maritime labour compliance and Regulation 5.1.4 on inspection. In the absence of information in this respect in the Government’s report, the Committee also requests the Government to indicate the measures taken to give effect to Regulation 5.1.6 concerning inquiries on serious marine casualties.
Regulation 5.2 and the Code. Port State responsibilities.Noting the absence of information in this respect in the Government’s report, the Committee requests the Government to provide information on how it ensures compliance with these provisions of the Convention.
[The Government is asked to reply in full to the present comments in 2026 .]

CMNT_TITLE

Previous comment

The Committee recalls that in 2022, in the framework of the procedure of “urgent appeal”, it examined the implementation of the Convention by Albania on the basis of publicly available information given that the Government had failed to submit a first report for four consecutive years. The Committee welcomes the Government's first report which was submitted in February 2023.
Article I of the Convention. General questions on application. Implementing measures. In its previous comments, the Committee noted that, while ratification of the Convention gave the force of law to its terms in Albania, further regulations were necessary for its implementation. The Committee notes the Government's indication that while some legislation has been adopted in the area of medical care on board, further regulations implementing the requirements of the Convention have yet to be adopted, notably in what concerns minimum age, seafarers’ employment agreements, wages, shore leave, repatriation, accommodation and recreational facilities, health and safety and accident prevention, and enforcement. The Committee recalls that under Article I of the Convention, each Member which ratifies the Convention undertakes to give complete effect to its provisions in the manner set out in Article VI in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt the necessary measures without delay to give effect to all the provisions of the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes that Albania has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 and in 2016 by the International Labour Conference and is therefore not bound by these amendments. The 2018 amendments are deemed to have been accepted and have entered into force for Albania on 26 December 2020. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Albania during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.
Noting that no information is available to the Committee on the application of the following provisions of the Convention, the Committee requests the Government to provide detailed information on the implementation of the following matters, based on the questions in the report form:
  • –The competent authority having power to issue and enforce regulations in respect of subject matters covered by the Convention (Article II, paragraph 1(a));
  • –the shipowners’ and seafarers’ organizations that the competent authority consult on matters relating to the implementation of the Convention (Article VII);
  • –the definition of “seafarer” under the legislation implementing the Convention, specifying whether cases of doubt have arisen as to if any categories of persons are to be regarded as seafarers (Article II, paragraphs 1(f), 2 and 3);
  • –the definition of “ship” under national law and whether cases of doubt have arisen as to if a vessel or a particular category of vessels are to be regarded as ships covered by the Convention; in the case of ships under 200 GT not engaged in international voyages, information on measures to apply differently certain details of the Code (Article II, paragraphs 1(i), 4, 5 and 6);
  • –provisions of legislation or other measures which prohibit the violation of the requirements of the Convention and establish sanctions or require the adoption of corrective measures to discourage such violations (Article V, paragraph 6);
  • –the implementation of: Regulation 1.4 and the Code(recruitment and placement); Standard A2.1 (seafarers’ employment agreements); Standard A2.2 (Wages); Regulation 2.4, paragraph 2 (shore leave); Regulation 2.5, Standard A2.5 and Guideline B2.5 (repatriation); Regulation 2.6 and the Code (seafarer compensation for the ship’s loss or foundering); Regulation 2.7 and the Code (manning levels); Regulation 2.8 and the Code(career and skill development and opportunities for seafarers’ employment); Regulation 3.1 and Standard A3.1 (accommodation and recreational facilities); Regulation 3.2 and the Code (food and catering); Regulation 4.2 and Standard A4.2 (shipowner’s liability); Regulation 5.1 (Regulations 5.1.1, 5.1.2, 5.1.3) and the Code (flag State responsibilities).
Regulation 1.1 and Standard A1.1, paragraph 1, of the Convention. Minimum age. The Committee notes that under section 98 of the Labour Code the employment of children under 16 years of age is prohibited, but children from 15 to 16 years of age may be employed during school vacations in easy jobs and in connection with instructive vocational and training programmes adopted by the responsible institutions. Noting that this provision allows for exceptions to the minimum age, the Committee requests the Government to adopt the necessary measures to ensure that no person below 16 years is employed or engaged or works on a ship, as required by the Convention.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that section 101 prohibits employees under 18 years to carry out night work, which is defined by section 80 as work carried out from 22:00 to 6:00 o'clock in the morning. The Committee recalls that Standard A1.1, paragraph 2 requires that night work prohibited to seafarers under 18 shall cover a period of at least 9 hours, and that an exception to the strict compliance with the night work restriction may only be made in the circumstances foreseen in Standard A1.1, paragraph 3. The Committee requests the Government to indicate how it ensures compliance with these provisions of the Convention.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that under section 100 of the Labour Code "only adults over 18 years old can be employed on difficult jobs or those that present danger to their health or personality”, and that such types of work are to be defined by a decision of the Council of Ministers. The Committee recalls that under Standard A1.1, paragraph 4, the types of hazardous work for seafarers under 18 years of age shall be determined by national legislation or by the competent authority, after consultation with the shipowners' and seafarers' organizations concerned. The Committee requests the Government to take the necessary measures to ensure compliance with Standard A1.1, paragraph 4 of the Convention and to provide information in this regard.
Regulation 1.2 and the Code. Medical certificate. The Committee notes that the legislation giving effect to this Regulation, in particular Order No. 134 of the Minister of the Infrastructure and Energy on the approval of the regulation on the minimal level of the seafarers’ training, only applies to Albanian seafarers registered as crew members, thus not covering seafarers who are not directly involved in the navigation of the ship, such as waiters and hotel staff. The Committee requests the Government to indicate the manner in which effect is given to Regulation 1.2 and Standard A1.2 with respect to seafarers who are not members of the crew and who are not of Albanian nationality. Noting the absence of information in this respect, the Committee also requests the Government to indicate how it ensures that (i) practitioners recognized by the competent authority enjoy full professional independence in exercising their medical judgement in undertaking medical examinations (Standard A1.2, paragraph 4); and (ii) seafarers who have been refused a certificate or have had a limitation imposed on their ability to work are given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee (Standard A1.2, paragraph 5). The Committee further requests the Government to ensure that the standard wording in medical certificates complies with the requirements of Standard A1.2, paragraph 6, and to provide an example thereof.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, while Chapter VIII of the Labour Code provides for the health and safety protection of workers, no information is available as to whether national guidelines have actually been adopted in accordance with Regulation 4.3, paragraph 2 of the Convention. The Committee requests the Government to indicate the legislation and measures giving effect to paragraphs 1 and 2 of Standard A4.3. It also requests the Government to indicate whether it is a requirement to establish a safety committee on board a ship on which there are five or more seafarers. The Committee further requests the Government to provide an example of a document (for example, Part II of the declaration of maritime labour compliance (DMLC)) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8), as well as a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)).
Regulation 4.4 and Standard A4.4, paragraph 3. Development of shore-based welfare facilities in appropriate ports. Welfare boards.The Committee notes the existence of a seafarer centre in Durres. The Committee requests the Government to provide information on any measures taken to encourage the establishment of welfare boards for regularly reviewing welfare facilities and services, as required by the Convention.
Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification and in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security for seafarers: sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. Noting that medical care is not included in the list of social security branches specified, the Committee recalls that, in order to complement the protection afforded under Regulations 4.1 and 4.2, Guideline B4.5, paragraph 1 provides that the protection to be provided at the time of ratification should at least include the branches of medical care, sickness benefit and employment injury benefit. The Committee requests the Government to provide detailed information on the branches of social security for which protection is provided for seafarers ordinarily resident in Albania, paying particular attention to the branches for which it has acquired an international obligation and giving due consideration to Guideline B4.5, paragraph 1.
[The Government is asked to reply in full to the present comments in 2023.]

CMNT_TITLE

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year even if it has benefited from the technical assistance provided by the Office for the elaboration of a gap analysis and through participation in courses on reporting provided by the ILO Training Centre. As the requested report was not received, the Committee examined the application of the Convention on the basis of publicly available information.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes that, while ratification of the Convention gives the force of law to its terms in Albania, relevant regulations still need to be adopted to implement the Convention. The Committee requests the Government to adopt without further delay the necessary measures to give effect to the provisions of the Convention and to provide information on any developments in this regard. It further requests the Government to supply copies in English of the relevant legislation, or a summary of the relevant provisions thereof, as well as full information on the implementation of the Convention, including updated statistics on the number of seafarers who are nationals or residents of Albania or who work on board ships flying the Albanian flag.
The Committee is raising other matters in a request addressed directly to the Government.
[The Government is asked to reply in full to the present comments in 2023.]
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer