Texts of pending comments

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee previously noted the actions taken to strengthen the legal and institutional framework to combat trafficking in persons, and in particular the relevant provisions of the Penal Code (sections 110a (trafficking of adults), 110b (benefit from or use of services provided by trafficked persons), and 110c (actions facilitating trafficking)); the adoption of the National Strategy on Combating Trafficking in Persons for 2014-2017; and the activities of the National Anti-trafficking Coordinator. The Committee requested the Government to provide information on the assessment of the implementation of the National Strategy as well as on the investigations and prosecutions carried out against persons engaged in trafficking in persons.

The Committee notes the Government’s indication in its report concerning the adoption of the National Action Plan on the fight against trafficking in persons for 2018-2020, which aims at strengthening the mechanism of identification, protection and reintegration of victims of trafficking and at raising awareness about trafficking in persons and its consequences. The Committee further observes from the Government’s website of the Electronic register for public notifications and consultations that a draft action plan on the fight against trafficking in persons for 2021–2023 is under elaboration. The Committee requests the Government to provide information on the measures taken under the National Action Plan for 2018-20 as well as on any assessment of the results achieved and on any obstacles encountered in its implementation. Please also provide information on the adoption and implementation of a new action plan.

2. Law enforcement. In relation to prosecution, the Government indicates that trafficking in persons cases committed by criminal organizations are now investigated and prosecuted by the Special Prosecution Office against Corruption and Organized Crime. Such cases are tried before the Special Court of First Instance for Corruption and Organized Crime established by the High Judicial Council’s Decision No. 286 of 18 December 2019. The Government further indicates that trafficking in persons cases not committed by criminal organizations are dealt with by the prosecution offices of general jurisdiction and district courts. The Government also refers to various regulations and instructions issued by the General Prosecutor's Office to ensure effective investigation and adequate assistance to victims of trafficking, as well as training activities on prevention and combating internal and cross-border trafficking in persons conducted for law enforcement bodies. The Government also indicates that, under section 110(a) of the Penal Code, in 2019, 19 cases involving eight defendants were registered and two cases involving four defendants were sent to court. In 2020, 23 cases involving eight defendants were registered and one case with one defendant was tried before the court. While noting the various measures taken to combat trafficking in persons, the Committee requests the Government to pursue its efforts to ensure that cases of trafficking in persons are identified, and that investigations and prosecutions are carried out. The Committee further requests the Government to continue to provide information on the measures taken in this regard, including on training, capacity building, and cooperation of law enforcement bodies. It also requests the Government to provide information on the number of investigations carried out, convictions and penalties imposed for violation of sections 110a, 110b, and 110c of the Penal Code.

3. Identification and protection of victims. In its previous comments, the Committee noted the information on the functioning of the three shelters and other centres for victims of trafficking as well as the types of social services and assistance provided to them. It also noted the increase in the number of victims of trafficking who had received assistance due to the better application of the standard operating procedures for the identification and referral to assistance of victims.

The Committee notes the information provided by the Government concerning the measures taken to provide better assistance to victims of trafficking in criminal proceedings. In particular, the Government refers to the creation of the post of victim coordinator in all prosecution offices of general jurisdiction who inform victims about their rights and facilitate access to social services. The Government further indicates that it has adopted employment promotion measures to facilitate access of victims of trafficking to employment programs. The Committee also notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its 2019 concluding observations, expressed concern about insufficient measures taken, particularly, in the areas of support for and identification, protection, referral, rehabilitation and social integration of victims of trafficking (CMW/C /ALB/CO/2, paragraph 69 a). In addition, in its 2019 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination expressed concern that Roma and Egyptian women and children are disproportionately represented among victims of trafficking, particularly for the purposes of sexual and labour exploitation, as well as forced begging (CERD/C/ALB/CO/9-12, paragraph 29). The Committee requests the Government to strengthen its efforts to ensure that cases of trafficking, both for labour and sexual exploitation, are adequately identified and that appropriate protection and assistance is provided to victims, paying special attention to children and women from the Roma and Egyptian communities, as well as other vulnerable groups. The Committee requests the Government to provide detailed information on the number of victims identified and the types of assistance and services provided.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. The Committee previously noted that, according to sections 25(1)(d) and 26(1)(ç) of the Act No. 59 of 2014 on Military Career in the Armed Forces of the Republic of Albania, members of career military personnel may apply for resignation to the competent body; and, in the absence of a reply within three months, the application to resign is considered as accepted. Observing that the application to resign may be refused, the Committee requested the Government to ensure that, in practice, members of the armed forces are entitled to leave the service in peacetime within a reasonable period.

The Committee notes from the information provided by the Ministry of Defence, that, in 2020, out of 425 requests, six members of military personnel were refused to resign; whereas, in 2021, the resignation of three members of military personnel was refused (out of 129 applications to resign). The Committee recalls again that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Therefore, the Committee requests the Government to ensure that in practice members of the armed forces are entitled to resign in peacetime within a reasonable period and to provide information on the number of applications to resign submitted under sections 25 and 26 of the Law No. 59 of 2014, the number of refusals and the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. Further to its previous request, the Committee takes due note of the Government’s indication that the Act No. 7933 of 1995 on Public Works, which allowed the suspension of unemployment insurance benefits in case of refusal to take part in public works programmes, is not in force. The Committee further observes that, according to section 4(6)(c) of the Act No. 146/2015 on Jobseekers, a person loses his/her status as a jobseeker and his/her unemployment benefit is suspended as a result of refusal to participate in employment programs, including public works programs (section 11(2) of the Act No. 15/2019 on Employment Promotion). Pursuant to section I, subsection (2) of the Council of Ministers’ Decision No. 535 of 8 July 2020 on procedures, criteria and rules for the implementation of the public works programs in the community, public works programs aim at the inclusion of the long-term unemployed in the labour market. Furthermore, according to section III, subsection 1 c) vii) of the Council of Ministers’ Decision No. 17 of 15 January 2020 on procedures, criteria and rules for the implementation of employment promotion programs through employment, on-the-job training and professional practices, employment programs are offered, among others, to jobseekers who have been receiving unemployment benefits for more than 3 months.

The Committee recalls that under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period and where the length of time during which benefits are paid is linked to the length of time the person concerned has worked, as is the case in Albania, the further requirement that persons perform work would constitute the imposition of compulsory labour under the threat of losing the benefits to which they are entitled (the 2007 General Survey, Eradication of forced labour, paragraph 129). Considering that public works programs aim at addressing long-term unemployment, the Committee requests the Government to ensure that persons who have just lost their jobs are not obliged to participate in employment programs under the menace of the suspension of their unemployment benefits in case of refusal.

Article 2(2)(c). Work of prisoners for private entities. The Committee previously noted that, pursuant to section 54 of the General Regulation of Prisons of 2015, detainees or convicted persons have the right to work in accordance with their abilities and that labour laws and regulations regarding occupational safety and health, social welfare, working time and labour relations apply equally to them. Noting that convicted persons might be employed by signing an employment contract with the Institution for the Execution of Criminal Decisions (IECD) or with third legal persons, the Committee requested the Government to provide examples of employment contracts between prisoners and the IECD or private entities.

The Committee takes note of the adoption of the Act No. 81 of 25 June of 2020 on the Rights and Treatment of Prisoners and Detainees. According to section 43(1) of the Act, prisoners capable of working have the right to perform a decent work chosen by them and forced labour, including as a form of disciplinary punishment, is prohibited. Section 43 also provides that prisoners can be employed by the IECD or by private entities inside or outside a prison. The Government further indicates that the draft Council of Ministers’ Decision on special rules for the employment of prisoners, working conditions, duration of work and its remuneration is under approval. In addition, the Government points out that various measures have been undertaken to promote the employment of prisoners by private entities, including through conclusion of cooperation agreements between prisons and private entities. The Committee requests the Government to confirm that prisoners working for private entities must first sign an employment contract and to provide copies of employment contracts between prisoners and the IECD or private entities. The Committee further requests the Government to provide a copy of the Council of Ministers’ Decision on special rules for the employment of prisoners, working conditions, duration of work and its remuneration.

The Committee takes note of the Government’s comments in reply to the observations of the International Trade Union Confederation (ITUC), received in 2020, denouncing the persistence of restrictions on the right of workers to establish trade unions. The Committee observes that these matters are being examined by the Committee on Freedom of Association (Case No. 3388). Noting that the Government has not provided its comments on the ITUC’s observations received in 2019, which alleged violations of trade union rights in practice, the Committee once again requests it to provide its comments in this respect.

Article 2 of the Convention. Right to organize of foreign workers. Further to its previous comments on the exercise of trade union rights by all foreign workers irrespective of their residence status, the Committee notes that the Government indicates in its report that the Act on Foreigners (No. 108 of 2013), as amended by Act No. 13 of 2020, does not address whether foreigners who do not have a working permit have the right to organize in unions. The Committee notes that Act No. 13 of 2020 did not amend section 70 of the Act on Foreigners, which provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals. The Committee also notes that the Government has not provided any information on foreign workers’ exercise of trade union rights in practice. The Committee requests the Government to take, without delay, the necessary measures, including consideration of 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 provided by the Convention, particularly the right to join organizations which defend their interests as workers. The Committee requests the Government to provide information on any progress made in this respect.

Article 3. Right of organizations to organize their activities and formulate their programmes. In its previous comments the Committee requested the Government to indicate any legal exceptions to the right to strike other than those provided in section 35 of the Act on civil servants (No. 152 of 2013) as well as to take any necessary measures to ensure that the legislation be amended so as not to unduly curtail the right of unions to organize their activities to defend the interest of workers. The Committee notes the Government’s indication that the exercise of the right to strike by civil servants must be in full compliance with section 35 of the Act on civil servants, as well as with the regulations set out in the Labour Code concerning the exercise of this right, which include providing for the possibility of requiring minimum services in essential services like water and electricity supply, as well as in other services of fundamental public importance. The Committee takes note that section 35 of the Act on civil servants remains in force and provides that the right to strike shall not be permitted for a list of services that includes both essential services in the strict sense of the term (such as water and electricity), as well as services which may not be considered essential services in the strict sense of the term – namely transport and public television. The Committee recalls in this regard that the right to strike may be restricted for public servants exercising authority in the name of the State, but as to other public servants and for services which are not considered essential in the strict sense of the term, the introduction of a negotiated minimum service, as a possible alternative to the full prohibition of strike action, could be appropriate in circumstances where strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population, or in public services of fundamental importance in which it is important to deliver the basic needs of users (see the 2012 General Survey on the fundamental Conventions, paragraphs 129 and 136). The Committee requests 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 establishment of minimum services; and if these civil servants are not able to exercise said right, to take the necessary measures to amend the legislation in light of the above.

The Committee takes note of the Government’s comments in reply to the observations of the International Trade Union Confederation (ITUC), received in 2020, denouncing anti-union discrimination acts in the mining sector, in particular against the chairperson of the Trade Union of United Mineworks of Bulquiza (TUUMB), and alleging the lack of adequate protection against anti-union discrimination. The Committee observes that these matters are being examined by the Committee on Freedom of Association (Case No. 3388). Noting that the Government has not provided its comments on the ITUC’s observations received in 2019, which alleged lack of adequate protection against anti-union discrimination and severe obstacles to collective bargaining, the Committee once again requests it to provide its comments in this respect.

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee had observed that despite the Labour Code providing for remedies in cases of anti-union discrimination, in the absence of a special jurisdiction, labour disputes were brought before ordinary courts, considerably delaying the procedures. The Committee had therefore requested the Government to provide detailed information on the practical application of the remedies for anti-union discrimination set out in the law, in particular the availability and use of any applicable enforcement mechanisms, such as judicial actions before the courts, and the duration of proceedings. The Committee notes the information provided by the Government according to which: (i) under section 9 of the Labour Code, issues of discrimination in employment and occupation are also regulated by Act on Protection from Discrimination (No. 10221 of 2010), as amended by Act No. 124 of 2020; (ii) this Act establishes the rules of proceeding for complaints against acts of discrimination before the Commissioner for Protection against Discrimination (CPD) (sections 33 and 33/1), which is an independent administrative authority, and before the court (sections 34 to 38); (iii) the amendments introduced by Act No.124 strengthen the effectiveness of the proceedings before the CPD; and (iv) in 2020, the Court System registered the existence of nine cases of discrimination, three of which gave rise to court rulings.

The Committee takes due note of this information. It also notes that the rules of procedure before both the CPD and the Court provide for an adjustment of the burden of proof in cases of alleged discrimination. At the same time, the Committee observes that the information provided by the Government on the cases of discrimination recorded by the judicial system does not indicate the nature of such cases and whether some of them refer or not to allegations of anti-union discrimination. The Committee therefore requests the Government to provide detailed information on the cases of anti-union discrimination resolved or pending before the CPD or the Court and to specify the duration of the proceedings and their concrete outcome.

Article 4. Promotion of collective bargaining. In its previous comments, noting that section 161 of the Labour Code provides that a collective agreement can only be concluded at the enterprise or branch level and that no collective agreements had been concluded at the national level, the Committee had requested the Government to continue providing information on the measures to promote collective bargaining at all levels, including at the national level. In this respect, the Committee notes the Government indications that: (i) no collective agreements have been concluded between the Government and workers and employers’ representatives at the national level; (ii) between 2019 and 2020 a final total of 20 collective agreements were concluded in the tourism, food, energy and oil sectors, covering 15 per cent of workers in the private sector; those agreements still being in force as their term is from 3 to 4 years; and (iii) one collective agreement in the health sector has been registered in 2021. Recalling that Article 4 of the Convention encourages and promotes the conclusion of bipartite collective agreements on terms and conditions of employment at all levels, the Committee regrets that no amendments have been made to section 161 of the Labour Code. The Committee therefore encourages the Government to take further measures to promote collective bargaining including at the national level when the parties so desire. It further requests the Government to continue providing information on the number of collective agreements that have been concluded and that are in force, the sectors covered, and the percentage of workers covered.

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. Further to its previous comment, the Committee notes the Government’s indication in its report that there is no gender pay gap in the public sector, as salaries are determined for the job position and are not based on gender. In this regard, the Committee would like to recall that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may be overvalued and favour male workers, such as physical effort, while others relating to traditionally “female” occupations, such as care work, are generally undervalued. Where tasks are largely performed by women, their frequent undervaluation results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Pay inequalities in the public sector may also result from unequal access for men and women to allowances, bonuses or other advantages. With respect to the private sector, the Government indicates that, according to the Evaluation Report of the National Strategy for Gender Equality (NSGE) for 2016-20, in 2020, the gender pay gap amounted to 10.1 per cent (with men being paid more than women on average) and decreased by 0.6 percentage point compared with the previous year. In 2019, the gender pay gap was highest in the manufacturing sector, where it reached 24.6 per cent, and lowest in the construction sector. By occupation, the Government indicates that the gender pay gap is highest for craftsmen, and equipment and machinery assembly workers (24.2 per cent) and lowest for the armed forces (3.0 per cent). The Committee observes that the Government reported similar figures on the gender pay gap in the National Review of the implementation of the Beijing Declaration and Platform for Action (1995) – Beijing + 25. In this report, the Government also indicated the concerns raised by the European Commission in 2018 with regard to the high proportion of women in the informal labour market, especially in the textile industries and footwear and the lack of disaggregated data on the number of women working in the informal economy (National Review for the Republic of Albania, 30 April 2019, pages 10-11). More generally, the Committee observes that the Gender Equality Index for the Republic of Albania published in 2020, concludes there are high levels of sex segregation in the labour market, with employment rates for women higher than for men in the social sectors of education, human health and social work (13.8 per cent of employed women and 3.9 per cent of employed men worked in these sectors in 2018) (page 11). In this regard, the Committee recalls that the horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower-level positions without promotion opportunities has been identified as one of the main underlying causes of pay inequality (2012 General Survey on Fundamental Conventions, paragraph 712). Noting that the gender pay gap is persistent and particularly high in certain sectors, the Committee requests the Government to provide detailed information on the measures adopted, in cooperation with workers’ and employers’ organizations, to specifically address horizontal and vertical occupational gender segregation and to increase the labour force participation rate of women in the formal labour market. Lastly, the Committee reiterates its request to the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of the economy, by occupational category, both in the public and private sectors, specifying their corresponding remuneration levels, and data on the gender pay gap in different sectors of the economy.

Articles 1(b) and 2. Definition of work of equal value. Legislation. The Committee recalls that section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code provide for different definitions of “work of equal value” and it requested the Government to provide information on their application in practice in comparing different jobs. The Committee notes the indication by the Government that job descriptions are not usually considered under the objective criteria set in section 115(4) of the Labour Code (the nature of the work, its quality and quantity, work conditions, professional background and seniority, physical and intellectual efforts, experience and responsibility), which constitutes an obstacle to the application of the principle in practice. The Committee also notes that the Government does not specify whether any measures are envisaged to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code. The Government also reports on the awareness-raising activities on gender equality of the State Inspectorate of Labour and Social Services (SILSS), in cooperation with the Public Procurement Agency. The SILSS has placed a particular emphasis on the apparel industry where almost 95 per cent of workers are women. An awareness campaign was organized on the protections offered under the labour legislation and inspectors distributed leaflets on this theme. However, the campaign was interrupted due to the COVID-19 pandemic. While taking note of this information, the Committee stresses in this regard that public awareness-raising is essential to address prejudices and stereotypes regarding the professional abilities and aspirations of women (2012 General Survey, paragraph 865). On the number of relevant cases, the Government indicates that in 2020, two complaints for unequal treatment were addressed to SILSS and that in both cases, it was concluded that they were not justified. In 2020, there were 9 cases filed in Court on matters of discrimination in which the Commissioner for the Protection of Discrimination was summoned as an interested party. Three of them were completed in 2020 (one complaint was partially granted and another dismissed and both cases are currently pending in appeal, and the third one was declared inadmissible). One complaint was partially granted in 2021 and the other 5 cases are still pending. The People’s Advocate did not handle specific cases related to gender equality during the reporting period, as these matters are usually dealt with by the Commissioner for the Protection of Discrimination. In view of the absence of information provided in this regard, the Committee reiterates its request to Government to indicate whether any measures are envisaged to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code. The Committee also asks the Government to take measures to continue raising awareness among both workers and employers and their respective organizations, as well as judges and other officials responsible for ensuring the implementation of the principle set out in the Convention, and to resume the awareness-raising activities of the SILSS on equal pay for men and women for work of equal value that had been interrupted due to the COVID-19 pandemic. Lastly, the Committee asks the Government to continue to provide information on the number, nature and outcome of cases of pay discrimination, in both the private and public sectors, dealt with by the competent authorities.

National strategies and action plans. The Committee asked the Government to provide information on: (1) the activities undertaken and the results achieved under the NSGE and reduction of Gender-based violence and Domestic Violence 2011–15 (NSGE – GBV and DV 2011-2015), as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value; (2) the progress achieved in the adoption and implementation of the new NSGE for 2016–20 (NSGE 2016-20), as well as on any other action plan aimed at implementing the principle of the Convention: (3) whether the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans. The Committee notes that the Government’s report does not contain information relating to equal remuneration. It notes however that the Government indicates that: (1) the review of the implementation of the NSGE-GBV and DV, showed an increase in the number of women, both in general and within vulnerable groups, with access to employment and vocational training programs; (2) women entrepreneurs had also been accompanied through the creation of a special support fund; (3) the NSGE Evaluation Report showed an increase in the participation of women and girls in the labour market; (4) the NSGE 2021-2030, which provides inter alia for improving the legal framework and policies that enable equal sharing of work, and unpaid family care, between men and women, is being approved; and (5) the National Council for Gender Equality (NCGE), an advisory body on state policies on gender equality, is consulted for every evaluation report and elaboration of draft strategies and plans on the matter. The Committee asks the Government to provide updated information on the elaboration and adoption of the National Strategy for Gender Equality 2021-2030, in particular on the measures envisaged with respect to equal remuneration for men and women, as well as on any other strategy or plan adopted aiming at advancing the application in practice of the principle of the Convention. The Committee also asks the Government to provide detailed information on the implementation and results of these policies relating to equal remuneration for work of equal value, including specific information on the monitoring and review mechanisms in place to measure their impact.

Article 3. Objective job evaluation. The Committee requested the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve. For the public service, the Government indicates that the civil service positions are classified according to categories, classes and the nature of the positions, in accordance with section 19 of the Law No. 152/2013 on civil servants. The nature of the institution in which the position is situated and the importance of the job position in relation to the institution’s mission are criteria used for the classification of job positions and consequently the determination of the corresponding salary category. The Committee notes that the Government does not provide information on the job evaluation methods used for the private sector. The Committee recalls that a job evaluation is a formal procedure which, through analysis of the content of jobs, gives a numerical value to each job. Analytical methods of job evaluation have been found to be the most effective where they compare and classify jobs on the basis of objective factors relating to, for example, skills/qualifications, efforts, responsibilities and working condition (2012 General Survey, paragraph 700). The Committee requests the Government to clarify whether the criteria used for the classification of job positions in the public sector are objective factors, such as skills/qualifications, efforts, responsibilities and working conditions and to clarify how the criteria of “importance of the position in relation to the institution’s mission” referred to in the Government’s report is being measured. The Committee further requests the Government to explain how it ensures that these criteria are free from gender bias. Lastly, the Committee asks the Government to provide information on any measure adopted to promote the use of objective job evaluation methods in the private sector.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established system. In its previous comments, the Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code which allow for the imposition of penalties of imprisonment in circumstances which might fall within the scope of Article 1(a) of the Convention:

– section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
– section 267 (propagating false information or false news, in words or in writing).

The Committee takes note of the information provided by the Government in its report on the application of section 262 of the Criminal Code, which includes decision No. 1500 of 11 June 2019 of the Tirana Judicial District court. The Committee observes that, in this decision, the Court conducted an in-depth analysis of the scope of the right of assembly, as well as of the necessary elements that qualify an illegal gathering and could entail criminal responsibility under section 262 of the Criminal Code. The Committee also notes that the Constitutional Court of the Republic of Albania, in its decision No. 24 of 5 May 2021, repealed the requirement to obtain prior permission of the competent authority for organizing public assembly in section 262 of the Criminal Code. The Government further indicates that, for the period 2020-2021, three court cases were registered under section 262 of the Criminal Code.

With respect to the application of section 267 of the Criminal Code, the Committee notes the Government’s indication that no court cases were registered under this provision in 2021.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the Law No. 18/2017 on the right and protection of children which provides, among others, for the right of every child to free and quality education and the right to protection from economic exploitation. The Committee also noted the various measures in the field of social protection and inclusion; protection from all forms of violence, abuse and economic exploitation; and the right to quality and comprehensive education implemented under the Action Plan for Children 2012–15.

The Committee notes the information provided by the Government in its report that the Decision of the Council of Ministers No. 129 of 13 March 2019 (Decision No. 129) establishes the procedures for the identification, immediate assistance, and referral of economically exploited children. Following Decision No. 129, in 2019, the field teams on the identification of economically exploited children were set up in 22 municipalities. Some 272 working children were identified in 2019 by the field teams and 150 in 2020. The Government indicates that the identified children received the necessary services, including medical care and placement in social care institutions and day care centers. The Committee also notes the adoption of the National Action Plan for the Protection of Children from Economic Exploitation, including Children in Street Situations for 2019–2021 (National Action Plan for 2019–2021) by the Decision of the Council of Ministers No. 704 of 21 October 2019. According to the 2019 periodic report of Albania to the Committee on the Rights of the Child, the main objectives of the National Action Plan for 2019-2021 are the prevention of children’s economic exploitation; protection based on the identified needs of the child; breaking the social and cultural barriers that provoke economic exploitation; and prosecution of the criminal cases related to the economic exploitation of children (CRC/C/ALB/5-6, paragraph 241). The Committee requests the Government to continue to pursue its efforts to combat child labour and to provide information on the specific measures taken, particularly under the framework of the National Action Plan for 2019–2021, and the results achieved in this regard. The Committee further requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons by age group and gender.

Article 2(1). Scope of application and labour inspection. Self-employed children or children working in the informal sector. The Committee previously noted that section 3(1) of the Labour Code and the Regulation “On the Protection of Children at Work Decision No 108/2017” exclude, from their applicability, children engaged in work outside of an employment agreement, such as self-employed children or those working in the informal sector. The Committee further noted the measures taken by the Government to strengthen the labour inspection system to effectively monitor and enforce labour legislation, including in cases of finding informal employment.

The Committee notes the indication by the Government that in 2019, the State Labour Inspectorate and Social Services (SLISS) identified 255 working children under 18 years of age (88 girls and 167 boys), most of whom were working in manufacturing and trade. In January-March 2021, the SLISS identified 17 working children under 18 years of age. The Committee also notes the elaboration of a guide for labour inspectors on the identification of child labour for its effective monitoring. The Government further indicates that in 2019, 118 labour inspectors received training on the application of Decision No. 129, according to which labour inspectors shall immediately report on identified cases of child labour to the child protection officer. The Government also indicates that, due to the new structure of the SLISS established by virtue of the Prime Minister’s Order No. 156 of 24 November 2020, the total number of employees of the SLISS has increased from 154 to 165. The Committee, however, notes its comments on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129) indicating the need to take measures to ensure the provision of suitably equipped offices and necessary transport facilities to labour inspectors and the low percentage of the inspection visits carried out in agriculture. The Committee requests the Government to continue to strengthen the functioning of the labour inspectorate to enable it to effectively monitor and detect cases of child labour, and prevent and remedy conditions that inspectors have reasonable cause to believe constitute a threat to the health or safety of children, including children working on their own account as well as in agriculture and the informal economy. It also requests the Government to provide statistical information on the number and nature of violations detected by the SLISS related to children engaged in child labour.

The Committee notes the observations of the Education International (EI), the Trade Union Federation of Education and Science of Albania (FSASH), and the Independent Trade Union of Education of Albania (SPASH) received on 3 September 2021.

Article 3(a) of the Convention. Sale and trafficking of children for commercial sexual exploitation. The Committee previously noted that, in its conclusions adopted in June 2015, the Conference Committee on the Application of Standards urged the Government to effectively enforce anti-trafficking legislation and to take measures for its effective implementation in practice. The Committee further noted that in 2016, 16 girls were identified as subject to sex trafficking.

The Committee notes the information provided by the Government in its report indicating a number of training activities on trafficking in persons conducted for police officers as well as their collaboration with the relevant child protection bodies. The Government also indicates that child-friendly facilities have been installed in several police stations to ensure qualitative interviewing of children, including victims of trafficking, adapted to their age. The Committee further takes note of the regulations issued for police officers on the treatment of child victims during the investigation.

The Committee notes the Government’s information that in 2019, 67 potential child victims of trafficking were identified. The Government indicates that according to the data of the State Police, in 2019, 7 cases, involving 17 offenders, were identified under section 128(b) (trafficking of minors) of the Criminal Code. The Government further indicates that in 2019, there were 6 cases, involving 2 defendants, investigated by the General Prosecutor’s Office and 2 persons convicted with 15 years of imprisonment by the Special Court of First Instance for Corruption and Organized Crime under section 128(b) of the Criminal Code. The Committee, however, notes that in its 2020 report concerning the implementation by Albania of the Council of Europe Convention on Action against Trafficking in Human Beings, the Group of Experts on Action against Trafficking in Human Beings (GRETA) expressed concern at the low number of convictions for trafficking in persons, including trafficking of children, and urged the Albanian authorities to take additional measures to ensure that cases of trafficking in persons are investigated proactively, prosecuted effectively, and lead to effective, proportionate and dissuasive sanctions (paragraphs 88, 89). The Committee further notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations, expressed deep concern that Albania is a source, transit and destination country for victims of trafficking, including for women and children subjected to sex trafficking and forced labour (CMW/C/ALB/CO/2, paragraph 69). The Committee urges the Government to continue to take the necessary measures to ensure that thorough investigations and prosecutions are carried out in respect of persons who engage in the trafficking of children, and that sufficiently effective and dissuasive penalties are imposed in practice. It further requests the Government to provide information on the application of section 128(b) of the Criminal Code in practice, including statistics on the number of investigations, prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour and ensuring their access to free basic education. Children from Roma and Egyptian communities. In its previous comments, the Committee noted that the Conference Committee had urged the Government to continue to remove barriers to greater participation of Roma and Egyptian children in the education system, including access to free basic education and access to education in their own language as well as to continue to take measures to stop trafficking and the practice of forced begging on the streets. The Committee further noted the various measures taken by the Government to improve the educational situation of Roma and Egyptian communities, including through facilitating enrolment in schools and the provision of free textbooks and scholarships for children of unemployed parents. The Committee, however, noted that many Roma and Egyptian children had never been enrolled, and the drop-out rates were still high.

The Committee notes the Government’s indication regarding the measures taken to reduce the school dropout rate among Roma and Egyptian children, such as providing scholarships to children who dropped out of school or who are at risk of dropping out, providing free school transport and after school classes for children with learning difficulties. The Committee also observes the adoption of the Instruction of the Ministry of Education, Sports and Youth No. 17 of 9 May 2018 which establishes the procedures for returning children to compulsory school. The Committee further observes the elaboration in 2019 of the Guideline “For monitoring children that are out of the education system and children that are at risk of dropping out” under the framework of the initiative “Every Child in school” supported by UNICEF. In particular, the Guideline provides for indications to educational institutions and other relevant actors on identifying children not attending compulsory school and preventing children from dropping out of school. The Government indicates the increase in the number of Roma and Egyptian children enrolled in school from 14,515 students in the 2019–20 school year to 14,875 students in the 2020–21 school year. In this respect, the Committee observes that the European Commission against Racism and Intolerance (ECRI) of the Council of Europe, in its 2020 Report on Albania, indicated that in comparison with 2011, the total number of Roma and Egyptian children enrolled in compulsory education increased from 48 per cent to 66 in 2018. The ECRI, however, noted the extremely low rate of compulsory education completion rates (43 per cent) by Roma and Egyptian children (paragraphs 43, 44). The Committee further notes the observations of the EI, the FSASH and the SPASH indicating that additional measures are needed to reduce school dropout rates, such as providing free meals to students from families with financial difficulties, including those from Roma and Egyptian communities. Moreover, teachers should be provided with additional remuneration for the work performed outside of school hours with students who have dropped out of school, their parents, and local government bodies. The Committee strongly encourages the Government to continue its efforts to facilitate access to free basic education of children in the Roma and Egyptian communities so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates of children from Roma and Egyptian communities. To the extent possible, this information should be disaggregated by age and gender.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the various services provided to families of street children, including registration of each child in the National register of Civil Registry; enrolment in schools; employment of parents; placement in the social care institutions; and referral for attendance at day-care centres for children. The Committee also noted the awareness-raising programme on the protection of street children and the establishment of a Task Force in Tirana to identify and protect street children.

The Committee notes that the National Action Plan for the Protection of Children from Economic Exploitation for 2019–2021 (National Action Plan for 2019–2021) specifically covers children working on the streets. The Committee further observes from the 2019 periodic report of Albania to the Committee on the Rights of the Child that the on-site teams responsible for the identification process of street children, provision of first aid, and immediate referrals to the responsible case management structures were established in each municipality. The Government specifies in the 2019 periodic report that services provided by the on-site teams cover, among others, counselling, enrolment of children in school, financial assistance, and medical care. It further indicates several measures undertaken by the state police bodies against the economic exploitation of children, including child begging, as part of the efforts to protect street children. It points out that the number of cases of child exploitation for begging referred to the prosecution office has increased from 4 in 2012 to 15 in 2017 (paragraphs 247, 251). The Committee further notes from the information provided by the Government that, in 2020, 125 children in street situations were identified and provided with the necessary social protection services, such as psychological support, medical examination, and civil registration. The Government also indicates the establishment by the Tirana Municipal Council’s Decision No. 66 of 12 June 2020 of the Community Field Centre, which coordinates the provision of social protection services to children in street situations. The Committee requests the Government to continue to take measures to protect children in street situations from the worst forms of child labour and to provide for their rehabilitation and social integration. It further requests the Government to provide information on the effective and time-bound measures taken in this regard, in particular under the framework of the National Action Plan for 2019–2021, and on the results achieved.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1)(a)–(b) and (2), and 14 of Convention No. 81 and Articles 6(1)(a)–(b) and (3), and 19 of Convention No. 129. Inspections in the field of occupational safety and health (OSH). The Committee previously noted the Government’s statement that, in general, the level of implementation of OSH legislation was not satisfactory, and that the number of occupational accidents remained high.

The Committee notes the statistical information provided by the Government in its report on the number of injuries and fatalities at work and suspected cases of occupational diseases from 2017 to the first three months of 2020. It notes with concern a rising number of fatalities due to occupational accidents (137 injuries including 18 fatalities in 2017, 195 injuries including 27 fatalities in 2018 and 176 injuries including 38 fatalities in 2019). The Government indicates however, that the first 3 months of 2020 saw a reduction in injuries and fatalities compared to the same period of 2019. The Government also indicates that measures were undertaken to raise the awareness on accident reporting, as well as steps to facilitate their reporting at any hour and day of the week and increase the channels of information collection through collaboration with other institutions. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of the labour inspectorate with respect to occupational safety and health issues. It requests the Government to continue to provide information on the number of occupational accidents and cases of occupational disease notified to the labour inspectorate.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Labour inspection activities relating to undeclared work. Following its previous comments, the Committee notes the indication of the Government that, in 2019, a total of 2,879 employees were identified during inspection activities as uninsured. The suspension of work was ordered until the inclusion of these workers in the social and health insurance scheme and that subsequently 2,794 workers were provided with insurance. The Committee further notes the statistical information provided by the Government on undeclared work disaggregated by economic sectors and regions. The Committee requests the Government to continue to provide statistical data on the number of workers who, as a consequence of inspections, were granted their due rights concerning the legal provisions relating to conditions of work, including the payment of overdue wages and social security contributions, as well as the conclusion of employment contracts.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training. The Committee notes the information provided by the Government, in response to its previous request, regarding trainings provided to labour inspectors, including several trainings on labour legislation, sector-specific information, inspection methodology and child labour. In 2018, 128 inspectors received training, and 118 inspectors in 2019. The Committee also notes the detailed information provided by the Government regarding the launching of the “penalty matrix”, a platform aimed at enabling a clear orientation in the implementation of the labour legislation. The Government indicates that in 2018, 11 newly recruited inspectors and chief inspectors received training on this matrix. The Committee requests the Government to continue to provide information on the content, frequency and duration of the training given to inspectors as well as the number of participants.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports and annual report on the work of the labour inspection services. Following its previous comments, the Committee takes due note of the Government’s indication that the annual reports on the work of the labour inspection services are available online, and notes the detailed reports available on the inspectorate’s website. The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, and to ensure that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention 129, including statistical information on workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129).

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In response to the Committee’s previous requests, the Government indicates that few claims concerning discrimination based on sex in the workplace were brought before the Labour and Social Services Inspection and explains that victims are reluctant to report discrimination and that, where cases are reported, there are difficulties to verify the reported facts or circumstances. In this regard, the Committee notes that, in the National Review on the Implementation of the Beijing Platform for Action (Beijing+25), the Government recalls a survey conducted by the People’s Advocate in 2017, according to which further measures are necessary in relation to the very limited number of cases of sexual harassment in jurisprudence, which is due to factors related to education and social awareness, the position of women in society, the lack of knowledge and awareness, and the lack of trust in institutions. The Committee also notes the Government’s indication that the Minister of Finance and Economy has started the procedure for the ratification of the ILO Violence and Harassment Convention, 2019 (No. 190). The Committee asks the Government to provide information on any measures taken to increase awareness about discrimination based on sex and sexual harassment and their underlying causes such as gender stereotypes and prejudices, and to address the causes for underreporting, such as the difficulty to access complaint mechanisms and the fear of reprisals, and information on the procedures available to remedy discrimination based on sex and sexual harassment.

Burden of proof. Harassment. In its previous comments, the Committee asked the Government to provide clarifications on the application of section 32.5 of the Labour Code regarding the burden of proof in harassment claims, and in particular regarding who has the burden to prove that the employer took, in line with section 32(1) of the same law, all necessary measures to prevent harassment. It also asked the Government to provide clarifications on the effects of the existence of the intention of harassment on the complaint. The Committee notes that the Government refers to the wording section 32.5 and indicates that, when assessing acts as moral harassment and harassment, considerations should also be made to the nature of the job, the duties and functions of the employee, the traditions and customs of the city/area and the meaning certain actions have in that area. The Committee notes that the Government does not fully reply to the issues raised, as section 32.5 of the Labour Code, when establishing the shift of the burden of proof, provides that “the person towards which the complaint is being addressed” shall prove that the person “did not intend the harassment”. The Committee would therefore like to recall that, the lack of intent or the existence of intent should not be relevant in harassment issues. It also highlights that the shift of the burden of proof is a useful means of correcting a situation of inequality where, in cases related to equality and non-discrimination, much of the information needed is in the hands of the employer (see 2012 General Survey on the fundamental Conventions, paragraph 885). The Committee observes that it is not clear, under national legislation, who has the burden to prove that the employer took the necessary steps to have a working environment free from harassment. Therefore, the Committee reiterates its request to the Government to clarify: (i) whether, even if the conduct was not intended, it may still constitute harassment and be addressed as such, because it may have the effect of violating the dignity of the complainant; and (ii) who has the burden to prove that the employer took all necessary measures to have a harassment-free working environment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes that the Government makes reference to: (1) the National Employment and Skills Strategy (NESS) 2014–2020 (extended until 2022), which has improved the quality and gender sensitivity of labour market information and has promoted social entrepreneurship and economic empowerment of women; (2) the planning of a gender-sensitive review of the Skill Need Survey (SNS); (3) adoption of Law No.15/2019 on the promotion of employment, the establishment of the National Agency for Employment and Skills (NAES) in 2019 and the inclusion, in some employment programmes, of financial support to cover kindergarten and nurseries costs; and (4) the consideration of gender-related indicators when monitoring employment programmes and labour market information. The Government also indicates that the labour participation of women increased by 12 per cent between 2013 and 2019, but that the gender gap in employment participation increased from 11.9 per cent in 2016 to 14 per cent in 2019. It also provides statistical information on men’s and women’s participation in different sectors and occupations in the public and private sector and in the informal economy. Regarding formal employment, the data provided shows that women who are employed are in the public sector, in public administration, education and health, and when they are in the private sector, in trade transport, accommodation and food services. Women in informal employment seem to participate more in construction and trade, transport, hotel, business and administrative services. Regarding the situation of women in rural areas, the Committee notes that the National Strategy and Action Plan on Gender Equality 2016–2020 has as an objective the economic empowerment of women in rural areas, including by increasing the formalization of jobs and ensuring the enjoyment of property rights on agricultural land (objective 1.3). It also notes that the Economic Reform Programme 2020–2022 refers to a land reform which will enable, protect and respect the property rights of all women, men and young people. In addition, the National Strategy for Rural and Agricultural Development 2014–2020 includes the support for women-run enterprises and farms and indicators disaggregated by gender. The Committee asks the Government to provide information of the measures taken to scale-up the outreach and impact of the different equality and employment policy measures to promote equality between women and men in employment and occupation, including to decrease the gender gap in employment participation. The Committee also requests the Government to provide information on how such measures particularly address the situation of women in rural areas and in informal work, in particular their access to productive resources such as land and credit. It also asks the Government to provide information on the impact of the NESS 2014–2020, currently extended until 2022, on women’s economic empowerment.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that the Ministry of Foreign Affairs has taken measures to design policies targeting people from disadvantaged groups at risk of exclusion, including Roma and Egyptian communities. The Committee notes that the National Action Plan for the Integration of Roma and Egyptians 2016–2020 includes employment and vocational education and training as a priority sector and mentions several factors linked to the low participation of Roma and Egyptians in employment programmes. The Plan includes poverty and the need to provide for basic needs, discrimination and stigma, lack of ID cards, and little knowledge on the existence of employment programmes. In this regard, the Committee notes that, according to the Albania Report to the European Commission for 2020, the implementation of the National Action Plan reached limited progress because it does not sufficiently increase capacities of the participants, and the next one should be adopted before the end of the year. The Committee further notes that the Government endorsed the Declaration of Western Balkans Partners on Roma Integration within the EU Enlargement Process (Poznan Declaration) in 2019. The Committee also observes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended to Albania to strengthen the implementation of the National Action Plan and to include a gender-perspective in it in order to address multiple and intersecting forms of discrimination affecting in particular women in the Roma and Egyptian communities (CERD/C/ALB/CO/9-12, 2 January 2019 paragraphs 19–22). In the framework of the Universal Periodic Review, the Government also indicated that a network has been created among key ministries to improve coordination in the field of Roma and Egyptian integration (A/HRC/WG.6/33/ALB/1, 22 February 2019, paragraph 119). The Committee asks the Government to provide information on the results achieved of the National Action Plan for the Integration of Roma and Egyptians 2016–2020 and on the content of the future Plan. The Committee also asks the Government to provide information on any other measures taken to increase the labour participation of Roma and Egyptian people, and in particular to address the underlying causes and barriers that prevent them from enjoying equality and non-discrimination in employment and occupation, such as their low level of education and vocational training and discrimination and stigma.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the tripartite regional consultative councils have not been established. It notes from the Government’s report that the relevant draft regulations that have been prepared, in consultation with the social partners and with the cooperation of the ILO, have not been approved yet. The Government also indicates that the People’s Advocate carried out a round-table consultation including representatives of the private sector and trade unions on the topic of harassment and sexual harassment, and that the National Labour Council meeting scheduled on March 2020 to discuss the ILO Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation No. 206, could not take place due to the sanitary situation regarding Covid-19 pandemic. Recalling the key role of employers’ and workers’ organizations in the implementation of the Convention, the Committee asks the Government to provide information on any measures taken to ensure that employers’ and worker’s organizations are made aware of, and promote the principle of the Convention.

Article 5. Restrictions on women’s access to employment. Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request that the Government examines the possibility of reviewing the list of jobs prohibited for women in Decision No. 207 of 2002 in light of the development of scientific knowledge and technology and the principle of gender equality, with a view to ensuring that prohibitions applicable to women’s employment in certain jobs or industries are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection.

Awareness-raising and enforcement. The Committee notes the Government’s indication that section 9 of the Labour Code, which prohibits discrimination in employment and occupation, is implemented by courts, the Commissioner for Protection from Discrimination and the State Labour and Social Services Inspectorate. The Committee takes note of the five judicial decisions transmitted by the Government. It also observes that, in 2019: (1) there were 42 judicial proceedings concerning equality and non-discrimination in employment; (2) the Tirana Judicial District Court tried ten cases which mainly concerned compensation for discrimination based on political opinions and origin; (3) two cases were treated by the State Labour and Social Services Inspectorate; and (4) one complaint was registered before the People’s Advocate. The Committee notes the Government’s general indication that the State Inspectorate carries out awareness raising measures addressed to employers. The Committee further notes from the Albania Report to the European Commission for 2020 that the implementation and enforcement of the Labour Code need close monitoring and that, while the impact of labour inspections progressed, the capacity of the State Labour Inspectorate needs to be further strengthened. The Committee asks the Government to continue providing information on: (i) the number, nature and outcomes of cases of discrimination in employment and occupation examined by the Labour Inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate and the courts; and (ii) the specific measures taken by the Labour Inspectorate to raise awareness among social partners of the principles of equality and non-discrimination, in particular with respect to the discrimination grounds added to the Labour Code in 2015. The Committee also asks the Government to continue strengthening the enforcement of the non-discrimination and equality legal framework by ensuring effective access to remedies for victims and sufficient resources and adequate training for relevant institutions.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

COVID-19 measures. The Committee notes the Government’s statement in its report regarding the labour inspection activities related to COVID-19. In particular, the Government indicates that the State Labour Inspectorate and Social Services (SLSSI), together with the State Health Inspectorate, is part of a task force responsible for monitoring the relevant protocols to reduce the transmission of infection among employees with a view to ensuring a safe and healthy working environment.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted that the number of labour inspectors was not sufficient to perform fully the inspection tasks required by law and that the lack of financial resources limited the ability of inspectors to travel. The Committee notes with concern the Government’s indication in its report that the number of employees of the SLSSI remains unchanged at 155, with 37 at the central level and 118 at the regional level. It also notes the Government’s indication that the total budget of the SLSSI for 2020 amounts to 186,300,000 Albanian lek (ALL) (approximately US$1,781,000) of which ALL120,278,000 (approximately US$1,150,000) is the salary fund, ALL20,086,000 (approximately US$192,000) is the Social Insurance Fund and the rest are investments and operating expenses. Six vehicles are available, of which three are used by the Central Directorate. Only three out of 12 regional branches have a vehicle at their disposal. Moreover, the Government indicates that there are 46 tablets and 55 laptops available for inspectors. The Committee urges the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, including the provision of suitably equipped offices and necessary transport facilities. The Committee also once again requests the Government to provide specific information on the staffing and material means of the SLSSI in performing inspections in agriculture, including transportation and local offices.

Articles 12(1) and 16 of Convention No. 81 and Article 16(1) and 21 of Convention No. 129. Right of inspectors to free entry of workplaces and undertaking of inspections as often as is necessary to ensure the effective application of the relevant legal provisions. The Committee previously noted that 10 per cent of inspections were unscheduled and/or emergency inspections, for which an authorizing officer shall issue an authorization within 24 hours.

The Committee notes the Government’s information that 13,079 entities were inspected in 2019, of which 78 per cent were planned inspections. Among the 2,823 unscheduled inspections, 197 were due to occupational accidents, 600 were in response to complaints and 2,026 were carried out following indications of flagrant violations. During the first three months of 2020, a total of 2,524 entities were inspected, of which 90 per cent were planned inspections. Among the 239 unscheduled inspections, 38 were due to occupational accidents, 135 were in response to complaints and 66 were carried out following indications of flagrant violations.

The Committee also notes the Government’s reference, regarding inspection procedures, to Law No. 10433 of 2011 on inspection and Law No. 9643 of 2006 on labour inspection. Section 13 of the Law on labour inspection provides that the labour inspector and controller are authorized to enter the working premises of any entity without prior notice. According to section 26 of the Law on inspection, inspections shall be carried out in the implementation of the inspection programme as a principle, and “off-programme” inspections may only be carried out in prescribed situations. Section 27 of the Law on inspection also provides that the administrative inspection procedure is initiated as a rule, upon the issuance of the authorization by the Chief Inspector or the chief inspector of the territorial branch. The inspection may only be initiated without authorization where a flagrant violation is found to be occurring or the occurrence of events, accidents or incidents that have affected or may affect life or health or the environment. The initiation of such an inspection shall be noted immediately in a special part of the inspection report, and the inspector is obliged to notify, without delay, the person responsible for the issuance of the authorization. Section 27 further provides that although the issuance of an authorization in violation of the relevant provisions shall not invalidate the decision of the inspection, it does constitute a disciplinary violation.

Referring to its 2006 General Survey, Labour Inspection, paragraphs 265 and 266, the Committee observes that, restrictions maintained on inspectors’ free initiative in this regard, such as the requirement for a formal authorization issued by a higher authority, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments. The Committee requests the Government to take the necessary legislative measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee requests the Government to provide information on the measures taken in this regard and to continue to provide information on the undertaking of inspections in practice, indicating the number of scheduled and unscheduled inspections, as well as the total number of workplaces liable to inspection. Lastly, the Committee requests the Government to provide information on any disciplinary measures imposed on labour inspectors related to the procedures for the authorization of inspection under the Law on inspection.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the Government’s indication, in response to the Committee’s previous comments on the remuneration scale and career prospects of labour inspectors, that the transfer and promotion of labour inspectors, as civil servants, is subject to Law No. 152 of 2013 on the Civil Service, as well as Decision of the Council of Ministers (DCM) No. 243 of 2015 on admission, movement, probationary period and appointment in the executive category and DCM No. 242 of 2015 on filling vacancies in the lower and middle management category. Regarding the current levels of remuneration, the Government provides information on the current salary categories of labour inspectors, and indicates that field inspectors receive a basic salary of ALL38,000, with a supplemental salary related to educational level and seniority. The Government also indicates that it is unable to provide comparative information between labour inspectors and tax inspectors due to limited data. The Committee further notes the Government’s indication that the issue of the payment of inspectors will be addressed in the framework of the salary and job classification reform in process. The Committee requests the Government to pursue its efforts to improve the conditions of service of labour inspectors within the framework of the current salary and job classification reform, and to provide information on any progress made or results achieved. It also requests the Government to strengthen its efforts to ensure the availability of comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers, and to provide this information, when available.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee previously noted the Government’s indication that the policy pursued by the SLSSI intended to reduce the number of fines in a rational way, and it requested the Government to provide statistical information regarding prosecutions and penalties.

The Committee notes the Government’s indication, and the information in the Annual Reports on Inspection Activities for 2018 and 2019 (available on the Government’s website), that 175 fines were imposed in 2018 and 160 fines in 2019 (compared with the 381 fines in 2011 previously noted by the Committee). Fines were collected with a total value of ALL26,138,600 (approximately US$249,900) and ALL559,268 (approximately US$5,340) in interest on arrears from fines. Moreover, in 2019, 53 inspections decisions were appealed to SLSSI, of which 45 were upheld. There were also 44 judicial processes related to the sanctions imposed on various entities, where the inspection decision was upheld in 23 cases (with an additional 18 cases still ongoing). The Committee also notes that, according to 2019 Annual Report on Inspection Activities, administrative measures (a warning, fine or a suspension of activities) were imposed following 27 per cent of the total inspections carried out. Moreover, a higher percentage of violations were detected during unscheduled inspections, including in 78.6 per cent of inspections undertaken following accidents, 64 per cent of inspections following indications of flagrant violations and 48 per cent of those following complaints. Noting with concern the significant decline in the number of fines imposed since 2011, the Committee requests the Government to provide information on the measures it is taking to ensure the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee requests the Government to provide information on the reasons for this decline, and to continue to provide detailed information on the number and nature of fines imposed, the outcomes of the judicial appeals of inspection decisions and the percentage of violations detected during unscheduled and scheduled inspections respectively.

Matters specifically relating to labour inspection in agriculture

Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129. Labour inspection activities in agriculture. The Committee previously noted that the number of inspections in the agricultural sector constituted 0.8 per cent of total inspections, and that nearly half of the workforce in Albania was employed in the agricultural sector.

The Committee notes the Government’s indication that in 2019, 284 inspections were carried out in the agriculture, forestry and fishery sector (2.1 per cent of the total inspections carried out), covering 1,519 employees (0.5 per cent of the total number of employees in workplaces inspected). Nineteen administrative measures were imposed, including six suspensions of work (due to violations of legal provisions on employment), nine warnings and one fine. During the first three months of 2020, 67 inspections in agriculture, forestry and fishery (2.6 per cent of the total inspections carried out), covering 450 employees (0.8 per cent of employees in workplaces inspected). Ten administrative measures were imposed, including three suspensions of work, six warnings and one fine. The Government also indicates that there are no specific trainings targeting inspections in the agriculture sector, but the topics of trainings conducted in 2019 will have a direct impact on inspections in all economic sectors. Noting the continuing low percentage of the inspection visits carried out in agriculture, the Committee once again requests the Government to strengthen its efforts to ensure the enforcement of laws and regulations in agriculture, including with respect to occupational safety and health (OSH), and to continue to provide information on the number of inspections carried out in that sector. The Committee also requests the Government to provide information on measures undertaken or envisaged to ensure that training is provided to labour inspectors on agriculture-related subjects, and on any progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

Article 4 of the Convention. Policy to facilitate and promote the establishment and growth of strong and independent rural workers’ organizations. In its previous comments, the Committee had requested the Government to provide information concerning the approximate number of rural workers, the unionization rates among rural workers employed on a regular or seasonal basis, including self-employed workers, as well as sectors covered by the existing trade unions. Noting that the Government’s report contains no information on this matter, the Committee reiterates its previous request.

Article 5. Policy of active encouragement of rural workers’ organizations. The Committee had previously requested the Government to provide information on steps taken or contemplated to adopt a policy of active encouragement of rural workers’ organizations so that these organizations may play a role in the economic and social development of the country, as provided in Article 5. The Committee notes the Government’s indication that: (i) a workers’ organization, the Autonomous Trade Union of Food, Agriculture, Trade and Tourism and an employers’ organization, the Albanian Agribusiness Council, were both elected to the National Labour Council, the highest tripartite social dialogue institution in the country; (ii) within this forum, both organizations are actively involved in consultations on various reforms, including those related to labour legislation, implementation of ILO Conventions and Recommendations, social protection, employment, economic and social development programmes; (iii) given the high prevalence of self-employed workers in the agricultural sector, the Government is endeavouring to promote, through fiscal facilities and support schemes, the development of cooperatives; (iv) within the framework of the promotion and information campaigns of national and international support plans, the Ministry of Agriculture and Rural Development conducts consultations with agricultural associations and interest groups for the development of strategies, annual support plans and legislative reforms; and (v) the Regional Agencies of Agricultural Extension in Tirana, Shkodra, Lushnje and Korça organize activities for the development of farmers’ associations, such as demonstrations, meetings, seminars and workshops. The Committee welcomes this information and requests the Government to continue to provide information on any measures or policies adopted with an aim to actively encourage the participation of rural workers’ organizations in the economic and social development of the country, in particular for women and youth in rural areas.

Article 6. Measures to promote understanding of the need to further the development of rural workers’ organizations. The Committee takes note of the Government's indication that, in the framework of the activities carried out by the Regional Agencies of Agricultural Extension in Tirana, Shkodra, Lushnje and Korça and the activities carried out to implement law no. 38/2012 on Agricultural Cooperation Companies, it promotes understanding of the benefits derived from cooperation among rural workers’ organizations. The Committee encourages the Government to continue, in consultation with rural workers’ organizations, implementing measures to promote understanding of rural workers' organizations and their contribution to the improvement of employment opportunities and general conditions of work and life in rural areas.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that the composition of the National Labour Council (NLC) changed in April 2018. The Government further indicates that the most representative workers’ and employers’ organisations participating in the NLC are determined by decision of the Council of Ministers every three years. The Committee welcomes the information provided by the Government with regard to the tripartite consultations held within the NLC on matters related to international labour standards in June 2020. The Committee notes with interest the Government’s indication that, in the tripartite consultations held, the social partners concurred with the Government’s proposal to ratify the Violence and Harassment Convention, 2019 (No. 190). The Government adds that measures have been taken to initiate the process of ratification of Convention No. 190, which is expected to be ratified in 2020. The Government indicates that prior to the ratification, the relevant institutions should examine whether the national legislation is in line with the provisions of the convention or whether the introduction of legal amendments are needed. In addition, the Government indicates that, in the context of the NLC discussions, the social partners discussed the measures taken by the Government to address the impact of COVID-19 pandemic in the finance, health, education and touristic sectors. Lastly, the Government indicates that the social partners are consulted with regard to reports on ratified Conventions, submitted under article 22 of the ILO Constitution. The Committee nevertheless notes that the Government does not provide information on the tripartite consultations held with regard to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)), and the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee therefore requests the Government to provide updated detailed information on the content and the outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, including on the questionnaires on Conference agenda items (Article 5(1)(a)); the proposals to be made to the Albanian Parliament in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Articles 4 and 5 of the Convention. Protection against anti-union discrimination and interference. Noting the Government’s indication that a draft Labour Code was expected to be approved by the Parliament, the Committee had expressed the hope that the new Labour Code would provide for the protection of public employees against anti-union discrimination and interference set out in Articles 4 and 5 of the Convention. The Committee notes the Government’s indication that the Labour Code was amended by law no. 136/2015 which entered in force in June 2016. It observes that the Labour Code, as amended, maintains the provisions concerning: (i) the application of the Labour Code to civil servants covered by law no. 152/2013 on Civil Servants (section 4 of the Labour Code); (ii) protection against acts of anti-union discrimination (sections 10 and 146(1)(e) of the Labour Code); and (iii) protection against acts of interference by state bodies and employers in the establishment, functioning and administration of employees’ organizations (sections 184–186 and 202 of the Labour Code). Furthermore, it notes with interest that the Labour Code, as amended: (i) recognizes union membership as a ground of discrimination (section 9 of the Labour Code); and (ii) extends the protection provided to trade union representatives to one year after the expiration of their mandate (section 181 of the Labour Code).

The Committee recalls that, in its observations under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in the absence of tribunals specialized in labour issues and in view of allegations of long delays in the judicial examination of cases of anti-union discrimination and interference, it has been urging the Government to establish appropriate enforcement mechanisms without further delay. Recalling that the existence of general legal provisions prohibiting acts of anti-union discrimination and interference is insufficient unless accompanied by effective and rapid procedures to ensure their application in practice, the Committee therefore requests the Government to provide information on the enforcement mechanisms available to civil servants subject to anti-union discrimination and interference practices and to ensure that the mentioned procedures fully comply with Articles 4 and 5 of the Convention.

Article 6. Facilities for workers’ representatives. In its previous comments, having noted the Government’s indication that section 181 of the Labour Code requires employers to create all necessary facilities for the elected representatives of the organization of employees to normally exercise their functions, which are defined by collective contracts, the Committee had requested the Government to indicate whether civil servants had entered into collective agreements defining the necessary conditions and facilities to be extended to the elected representatives of their organization. It had also requested the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions. The Committee notes the Government’s indication that: (i) elements of the employment relationship in the civil service, such as working conditions and disciplinary measures, are provided in law no. 152/2013 on Civil Servants, and therefore cannot be defined in individual or collective agreements; (ii) only those aspects of the employment relationship which are not regulated by law no. 152/2013 shall be regulated by the Labour Code; and (iii) civil servants have not signed any collective agreement defining the conditions and facilities for elected representatives of the organization. The Committee recalls that the facilities to be granted to workers’ and public employees’ organizations representatives in the performance of their trade union activities and duties are a logical corollary of the functions of trade unions, namely the functions of bargaining, consultation, cooperation and supervision of labour standards (see the 2013 General Survey on collective bargaining in the public service, paragraph 129). In this respect, the Committee wishes also to recall that, in accordance with the aims of the Convention, several facilities should be granted by law or in practice and that (…) it considers for example, that merely providing a noticeboard and granting the right to distribute trade union newsletters would clearly not suffice to meet the requirements and aims of the Convention (see the 2013 General Survey on collective bargaining in the public service, paragraph 142). In light of the above, the Committee requests the Government to indicate the manner in which it ensures, in law and practice, that representatives of recognized organizations of civil servants and public employees are provided with the necessary facilities to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work.

Articles 7 and 8. Participation in the determination of conditions of employment. Settlement of disputes. Given that Albania has ratified the Collective Bargaining Convention, 1981 (No. 154), which recognizes the right of public servants to bargain collectively, the Committee will examine this matter within the framework of the application of Convention No. 154. In addition, noting that the observations formulated in previous years by the Confederation of Trade Unions of Albania alleging the inadequate functioning of the disputes settlement mechanisms referred to both the public and private sectors, the Committee is also examining this issue under Convention No. 154 that covers collective bargaining in both sectors.

Article 5 of the Convention. Promotion of collective bargaining in the private sector. In its previous comments, the Committee had requested the Government to provide detailed information on the measures taken to promote collective bargaining in the private sector, as well as the approximate number of collective agreements concluded, the sectors concerned, and the percentage of workers covered. Given that Albania has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee will examine the information provided by the Government in this respect in the framework of the application of the above Convention.

Promotion of collective bargaining in the public sector. In its previous comments under the Labour Relations (Public Service) Convention, 1978 (No. 151), the Committee had noted that section 39(1) of law no. 152/2013 guarantees civil servants the right to be consulted through their trade union or their representatives in decisions concerning conditions of employment. Further observing that, in accordance with section 39(3), the Council of Ministers shall issue detailed rules for the exercise of this right, the Committee had requested the Government to provide information on the issuance of these rules. The Committee notes the Government's indication that the detailed rules for the exercise of the right of consultation provided for in section 39(3) of law no. 152/2013 has not been adopted. Recalling that, under the terms of the Convention, civil servants should not only be consulted but also be in a position to bargain collectively on conditions of employment and work, the Committee requests the Government to indicate, how the right of civil servants to bargain collectively is recognized, both in law and in practice, and to provide information on collective agreements signed and in force in the public sector.

Article 5(e). Settlement of labour disputes. In previous comments under Convention No. 151, the Confederation of Trade Unions of Albania had pointed out that the procedures provided for in the Labour Code for the resolution of collective disputes had never functioned normally, and that boards of conciliation were not always set up in order to settle labour disputes. The Committee notes the information provided by the Government concerning several amendments to the Labour Code introduced by law no. 136/2015. It particularly notes that the Government indicates that, according to section 170 of the Labour Code, in the event of a dispute concerning the breach of a collective agreement, one of the parties may request the intervention of the court of arbitration, an independent and impartial party, for the resolution of the dispute. While taking due note of the information provided by the Government, the Committee recalls that the concerns raised by the Confederation of Trade Unions of Albania went beyond the specific situation of the breach of a collective agreement and referred to the ineffective functioning of the dispute settlement mechanisms in general. In view of the above, the Committee requests the Government to provide specific information on the measures taken, both in law and in practice, to encourage and promote the effective functioning of dispute settlement mechanisms, in particular the conciliation and mediation boards, both in the private and public sectors.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government's report received in September 2020.

Promotion of telework. The Committee notes that the confinement and social distancing measures imposed around the world to mitigate the global health impact of the COVID-19 pandemic have given new impetus to teleworking in many countries. In this context, the Committee notes that, according to the information available on the “ILO COVID-19 and the world of work: Country policy responses” portal, the Government introduced new work arrangements, including the option of teleworking for carrying out various tasks, under Law No. 231 of 18 March 2020. The Committee requests the Government to provide specific information regarding the scope and implementation of teleworking arrangements introduced in light of the COVID-19 pandemic, including statistical information on the number of workers who have had recourse to this teleworking modality, disaggregated by age, sex and sector. Recalling that teleworking can be a useful means to allow access to employment to certain people who sometimes face greater obstacles to accessing the labour market (such as young people, women, persons with disabilities and older people), the Committee requests the Government to provide information on the impact of the telework modality provided for in Law No. 231 on access to employment, including for persons belonging to groups in a disadvantaged position in relation to the labour market.

Articles 1, 3 and 5 of the Convention. Definition of homeworker. National policy on home work. The Committee takes note of the Law no. 136/2015 of 5 December 2015 modifying the Labour Code, Law no. 7961 of 12 July 1995 (hereinafter “the amended Labour Code”). It notes with interest the section 15 of the amended Labour Code entitled “Home based-employment and telework” which, according to the government’s indication, was amended in consultation with the social partners and incorporate the definitions of homework and homeworker set out in the Convention. The Committee notes that this provision refers to two types of employment contracts. According to section 15 (1), under home-based employment contracts, the employee performs the work at home or in any other place determined in agreement with the employer, according to the conditions agreed in the employment contract. In this respect, the Government points to the detailed rules of home-based employment contracts provided in the Decision of the Council of Ministers No. 255 of 25 March 1996 “On the home-based employment contract”. The Committee further notes that, according to section 12(2), under telework contracts the employee performs the work at home or in another place as determined in agreement with the employer, by using information technology during working hours, according to the conditions agreed in the employment contract. The Committee reiterates its request that the Government provide information on the steps taken, in consultation with the social partners to discuss the adoption and implementation of a national home work policy, having also regard to the requirements of Articles 4 and 9 of the Convention.

Article 4. Equality of treatment. The Committee notes that, according to section 15(3) of the amended Labour Code, all of its provisions apply to homeworkers, including those related to contract formalities, the obligations of the parties to the contract, employment protection, termination of employment and trade union rights. The Committee notes, however, that the Labour Code excludes homeworkers from the scope of provisions on weekly hours of work and rest, overtime hours, work on public holidays and night work, as well as from the scope of provisions that regulate the right to compensation, including for extra hours worked or hours worked on Sunday or so-called “red letter” days. The Committee takes note of the Government’s indication that this exclusion does not mean that homeworkers do not have hours of work and rest, but rather that homeworkers manage their working time independently based on the tasks assigned and their delivery deadlines, which must be set out in the contract. In this regard, the Committee takes note of section 15(4) of the amended Labour Code, which provides that conditions for employees working at home or teleworking cannot be less favourable than those of other employees who perform the same or comparable work. With respect to telework, the Government indicates that employers are obligated to take measures to facilitate teleworking, including by providing the employee with the computer equipment necessary to perform the work, preventing isolation of the employee and creating conditions for interaction with other employees. The Committee recalls that the amount of work and deadlines to complete an assignment should not deprive homeworkers of the possibility to have daily and weekly rest comparable to that enjoyed by other workers (Recommendation No. 184, Paragraph 23). Noting that the objective of the Convention is to improve the living and working conditions of homeworkers, the Committee wishes to draw the attention of the Government to its General Survey on Promoting Employment and Decent work in a changing landscape, paragraphs 584 and 638, in which it stressed the need to ensure that homeworkers receive adequate remuneration and work reasonable hours. The Committee requests the Government to provide information on specific measures taken or envisaged with a view to promoting equality of treatment between homeworkers and other workers in relation to the eight areas provided for in Article 4(2).

Articles 7 and 9. Occupational safety and health. Enforcement measures. The Government indicates that the Inspectorate identifies cases of violations of the rights of home-based employees through a system of inspections and sanctions. The Committee requests the Government to provide information on the adoption of specific measures ensuring that national laws and regulations on safety and health at work apply to home work, taking account of its special characteristics. The Committee also requests the Government to indicate the types of work and substances that are prohibited in home work, if any, as provided for in Article 7 of the Convention. In addition, the Committee requests the Government to provide information concerning the number and outcomes of inspections carried out in relation to homeworkers, infringements observed and sanctions imposed.

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