Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Night Work Convention, 1990 (No. 171) - Albania (Ratification: 2004)

Other comments on C171

Direct Request

2013
2011
2009

Display in: French - SpanishView all

Article 1(b) of the Convention. Definition of “night worker”. With reference to its previous comment, the Committee notes the Government’s statement that section 80 of the Labour Code will be amended to include a new paragraph defining “night workers” as employees who work during night time (that is between 10 p.m. and 6 a.m.) at least three hours of their normal everyday working hours. The Committee requests the Government to provide a copy of the revised text once it has been adopted.

Article 4. Health assessment and advice for night workers. The Committee notes that the Government’s report contains no new information concerning the implementation of this provision of the Convention. The Committee wishes to recall that this provision requires that night workers shall have the right to undergo, at their request and without charge, a health assessment during their assignment to night work and not only for those employed in hazardous or dangerous occupations, as prescribed under paragraph 16 of the Decision of the Council of Ministers No. 742 of 6 November 2003 on additional measures for occupational health and safety protection. Recalling that the Convention offers the possibility of progressive implementation of the specific measures required by the nature of night work (Article 3), the Committee requests the Government to take the necessary measures in order to give full effect to the requirements of this Article of the Convention.

Article 5. Medical service for night workers. The Committee notes the Government’s reference to Act No. 10237 of 18 February 2010 on safety and health at work which provides in section 23 for the obligation of the employer to provide medical services appropriate for the risks involved at the workplace and further provides for the issuance of ministerial regulations on the operation of the medical service at work. The Committee requests the Government to keep the Office informed of any progress made concerning the adoption of the ministerial regulations, including any measures specifically addressing health and safety protection of night workers.

Article 6. Treatment of workers medically unfit for work. The Committee notes the Government’s explanations that the employer is required to organise the workplace taking into account the presence of vulnerable groups at risk, such as pregnant or breastfeeding women and persons with disabilities, as provided for under sections 31 and 32 of Act No. 10237 of 2010. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits (for instance, unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. The Committee therefore requests the Government to take the necessary measures in order to give full effect to this provision of the Convention.

Article 7. Maternity protection. The Committee notes the Government’s statement that draft amendments to sections 104 and 108 of the Labour Code are being prepared to fully transpose the requirements of this Article of the Convention into domestic legislation. The Committee requests the Government to keep the Office informed of any further developments in this regard and to transmit the text of the amended provisions once adopted.

Article 9. Social services. The Committee notes the Government’s reference to sections 69 and 70 of the Labour Code which provide for the employer’s obligation to put at the workers’ disposal drinking water and dining facilities when this is justified by the number of employees, the distance from workplace, the place of residence, or the manner of the organization of work. The Committee recalls that by “social services” the Convention refers to a much broader range of measures, which are further explained in Paragraphs 13 to 18 of the Night Work Recommendation, 1990 (No. 178), such as collective transport arrangements, suitably equipped resting facilities, flexible hours for crèches, and adaptable cultural, sporting or recreational activities. Recalling that the Convention offers the possibility of progressive implementation of the specific measures required by the nature of night work, the Committee requests the Government to consider the necessary steps in order to give full effect to this provision of the Convention.