Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the report of the Government on the application of the Convention and the comments of the Confederation of the Trade Unions of Albania (CTUA/KSSH).

Articles 1 and 2 of the Convention. The Committee notes that Law No. 8549, dated 11 November 1999, on the Status of the Civil Servant guarantees to civil servants as defined in article 2(1) of the Act, the right to form and join labour unions and professional organizations and the right to take part, through labour unions or representatives, in decision-making processes relating to working conditions. The Committee notes however that, according to the CTUA/KSSH, the aforesaid Law is not applicable to all categories of employees in the public sector and employees in the customs, taxation and local governance offices (prefectures), etc. The Committee therefore requests the Government to indicate whether all categories of employees in the public sector and all civil servants are guaranteed the rights provided under the Convention.

Article 4. The Committee notes that by virtue of article 4 of Law No. 7961, dated 7 December 1995, the Code of Labour of the Republic of Albania, protection against anti-union discrimination granted by articles 10 and 146(1)(e) of the Code is applicable to civil servants covered by Law No. 8549. The Committee requests the Government to indicate in its report whether all categories of employees in the public sector and all civil servants enjoy such protection from anti-union discrimination.

Article 5. The Committee notes that articles 184-186 of the Labour Code prohibit any acts of interference by state bodies and employers in the establishment, functioning or administration of employees’ organizations and article 202 sanctions violations of these provisions. The Committee notes however that the rules on labour union activities of civil servants have not been formulated yet as required under article 20(d) of Law No. 8549, dated 11 November 1999, on the Status of the Civil Servant. The Committee therefore requests the Government to indicate the measures taken or envisaged to formulate the said rules, and to transmit a copy of the rules, when adopted.

Article 6. The Committee notes that article 181(7) of the Labour Code requires employers to create all the necessary conditions and facilities for the elected representatives of the organizations of employees to normally exercise their functions, which are defined in the collective contract. The Committee therefore requests the Government to indicate in its next report whether the civil servants covered by the Law on the Status of the Civil Servant have entered into collective contracts defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also requests 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 promptly and efficiently, both during and outside their hours of work.

Article 7. The Committee notes that article 20(dh) of the Law on the Status of the Civil Servant guarantees to civil servants the right to take part through labour unions or representatives, in decision-making processes relating to working conditions. Article 4(3) of the Law on the Status of the Civil Servant provides that the Council of Ministers shall issue instructions on the negotiation of working conditions with labour unions or representatives in the institutions of the central administration subordinated to it. The Government has not indicated whether these instructions have been issued. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to issue the requisite instructions under article 4(3) of the Law on the Status of the Civil Servant and to transmit a copy of the instructions, when issued.

The Committee notes that Chapter XV of the Labour Code contains provisions relating to the negotiation of collective contracts. The Committee requests the Government to include, in its next report, information on and available statistics of the number of collective contracts of employment entered into by organizations of civil servants and the number of employees covered.

Article 8. The Committee notes that articles 188-196 of the Labour Code provide for the resolution of employment-related collective disputes through mediation, conciliation and arbitration. The Committee notes, however, that it has been indicated by the CTUA/KSSH that the machinery contemplated under articles 188-196 of the Code has never functioned normally and the boards of conciliation are not always put in motion in order to settle labour disputes. The Committee therefore requests the Government to indicate in its next report whether the machinery contemplated under the aforesaid provisions functions normally and regularly.