Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

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

Article 5. (a) Law No. 8549 on the Status of the Civil Servant. The Committee notes that the instructions required to be issued under article 4(3) of Law No. 8549 on the Status of the Civil Servant in respect of the negotiation of working conditions and the rules required to be issued under Article 20(dh) in respect of the labour union activities of civil servants do not appear to have been issued. The Committee therefore requests the Government to indicate in its next report, the measures taken or envisaged to ensure that the instructions and rules required to be issued under articles 4(3) and 20(dh) respectively are issued and to transmit copies of the instructions and rules when issued.

In the light of the comments of the CTUA/KSSH that certain categories of employees in the public sector such as employees in the customs, taxation and local governance offices (prefectures) etc. are excluded from the application of Law No. 8549, the Committee requests the Government to indicate the measures taken or envisaged to ensure that all categories of public employees and civil servants are afforded the rights guaranteed by the Convention.

(b) Collective bargaining in the private sector. The Committee takes note of the observation of the Government that the level of collective bargaining in the private sector is extremely low. The comments of the CTUA/KSSH indicate that no fines have been imposed under article 202(2) of the Labour Code directly on employers who have failed to respect their obligation under article 165(1) of the Code to commence negotiations with the concerned employees’ organization. The Committee therefore requests the Government to furnish, in its next report, information on the specific measures taken or envisaged to encourage collective bargaining in the private sector. The Committee also requests the Government to provide information on the role of the National Labour Council in this regard. The Committee further requests the Government to furnish information in respect of the collective contracts entered into in the private sector in the reporting period and the number of employees covered and also in respect of the imposition of the sanctions prescribed in article 202(2) of the Labour Code on employers who have failed to respect their obligation under article 165(1) of the Code.

(c) Collective bargaining in practice. In the light of the comments of the CTUA/KSSH that employers sometimes arbitrarily determine with which union to enter into collective contracts, and the observations of the Government that the process of implementation of collective contracts is still a big concern, the Committee requests the Government to indicate the measures taken or envisaged to ensure that in practice, collective contracts are entered into with representative unions and that employers adhere to the obligations imposed on them by collective contracts entered into by them.