Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information in the Government’s report received in September 2007 which refers to resolution No. 708 of the Council of Ministers which relates to the way private employment agencies are licensed and operate.

2. Articles 1, paragraph 1, and 11 of the Convention. Services offered by private employment agencies (PEAs) and measures of protection for workers directly employed by PEAs. The Committee notes sections 1 and 2 of resolution No. 708 which indicate that only services falling under Article 1, paragraph 1, subparagraphs (a) and (c), of the Convention are offered. It further notes the Government’s information that section 7 of resolution No. 708, which states that the jobseeker placed by PEAs enjoys several of the rights enumerated in Article 11 of the Convention which ensures protection for workers employed by PEAs as provided under paragraph 1, subparagraph (b), of the Convention. The rights encompassed in section 7 of resolution No. 708 are the rights of collective negotiation, minimum wage, job duration and job conditions, social security benefits and occupational safety and health. The Committee invites the Government to indicate if PEAs are permitted to provide services as described in Article 1, paragraph 1(b), of the Convention. Please also describe the measures taken to afford adequate protection to workers employed by PEAs in those areas set forth in subparagraphs (f), (i) and (j) of Article 11 of the Convention.

3. Article 7, paragraphs 2 and 3. Exceptions to the prohibition to charge fees or costs to workers. The Committee notes, that although stating that jobseekers are to be offered free services and no direct or indirect charges are to be imposed upon them, section 4 of resolution No. 708 nevertheless allows PEAs to charge workers for necessary administrative expenses. It further notes the Government’s statement that it has not authorized exceptions to Article 7, paragraph 1, of the Convention. The Committee invites the Government to specify the kind of administrative services for which workers may be required by agencies to pay fees and to indicate the reasons for authorizing such expenses and whether there is any control over the quantum of fees under resolution No. 708.

4. Article 8. Measures to provide adequate protection for workers and prevent abuses and fraudulent practices in their recruitment, placement and employment. The Committee notes the legal framework, including section 27 of resolution No. 708, which provides protection for and prevents abuses of migrant workers within Albania. It further notes the Government’s statement concerning the obligation of PEAs to conform with bilateral agreements between Albania and other countries and that PEAs have not been involved in the trafficking of human beings. The Committee requests information on the licences issued for the placement of Albanian citizens for employment abroad, and the extent to which protections are contemplated to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers in the issuing of such licences and on any bilateral agreements concluded to this end.

5. Articles 10 and 14, paragraph 3. Adequate machineries for the investigation of complaints and the application of remedies in case of violations. The Committee notes section 26 of resolution No. 708, requiring the Labour Inspection to carry out periodical inspections and to report violations to the Ministry of Labour and Social Affairs’ Licensing Commission, which issues, updates, suspends and revokes licences. The Government indicates that there have been no cases of complaints or claims of mistreatment. The Committee requests the Government to provide further information on the machinery and procedures for the investigation of complaints concerning PEAs, particularly on procedures for the investigation of workers’ complaints. Please supply examples of the operation of remedies and their particulars applied in cases of violations of the Convention.