Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes the information in the Government’s first report. The Committee also notes the observations of the Confederation of Trade Unions of Albania (KSSH) of 26 August 2009. The Committee requests the Government to provide additional information on the following points.

Article 1 of the Convention. Definitions. The Committee notes that a bill on children’s rights is being drafted which will include a definition of “child”. The Committee notes the legal provisions, including Law No. 9355 of 2005 on social assistance which defines “family” and which according to the Government may help defining “other members of their immediate family who clearly need their care or support”. While taking note of this information, the Committee would nevertheless be grateful if the Government could specify more clearly how the Convention is applied to “other members of their immediate family who clearly need their care or support”. Considering that the National Labour Council discusses gender equality issues, the Committee requests the Government to provide information on the measures taken or considered by the Council to promote the application of the provisions of the Convention, including giving a definition of “other members of their immediate family who clearly need their care or support”, for the purpose of the Convention.

Articles 2 and 9. Scope and means of application. The Committee notes the Government’s statement that the Convention applies to all branches of the economy and all categories of workers. The Committee also notes the comments made by the KSSH regarding efforts made by the unions to insert provisions in collective agreements regarding protection of women workers, including pregnant women and breastfeeding mothers, with respect to working time and rest, and social benefits in the case of childbirth and adoption. The Committee requests the Government to continue to provide information regarding the application through laws and regulations, collective agreements, and court decisions of the measures provided for in the Convention to all branches and all categories of workers. Please provide copies of relevant texts of legislation, collective agreements, including those referred to by KSSH, and court decisions.

Article 3. National policy. The Committee notes the provisions in the Constitution and the Labour Code regarding the prohibition of discrimination for reasons based on sex. It also notes that pursuant to article 49(1) of the Constitution “everyone is free to choose the profession, the workplace, and its system of professional qualification”. The Committee notes with interest that sections 1, 12 and 17 of Law No. 10221 of 2010 on Protection from Discrimination, prohibits discrimination in employment and education on a wide range of grounds including gender, pregnancy, parentage, parental responsibility, family or marital condition. Article 14(b) of the Law requires the Council of Ministers, the Minister of Labour, Social Issues and Equal Opportunities and the Interior Minister to take positive measures in order to fight discrimination in connection with the right to employment, including special and temporary policies, on the basis of the characteristics mentioned in section 1, for the purpose of encouraging equality. Furthermore, Law No. 9970 of 2008 on Gender Equality in Society aims to ensure effective protection from gender discrimination and to define measures guaranteeing equal opportunities between men and women (section 2(a) and (b)). Section 9 of the Law provides that “there shall be no gender discrimination involved when the State takes special measures, which aim at: (a) providing special protection to women during their pregnancy and childbirth, young mothers, as well as young parents, as a result of their natural childbirth or adoption of a child, creating conditions for their protection and comfort at work; social insurance and social aid; ensuring the necessary health-care assistance to mother and child; ensuring and encouraging the social services system, favouring the development of a network of day nurseries and kindergartens; and (b) facilitating and assisting persons who have special responsibilities in their families due to their daily care for disabled members of the family, due to their age, physical and mental disabilities or other causes of disability”. The Committee further notes that a National Strategy on Gender Equality and Domestic Violence, and its accompanying Action Plan, 2007–10 was adopted in 2007. The Committee asks the Government to provide additional information on the legal and practical measures taken, including special temporary measures, to implement the abovementioned provisions with a view to enabling men and women with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities. Please also provide information on the specific measures taken or envisaged under the National Strategy on Gender Equality and Domestic Violence and the Action Plan 2007–10, to give effect to the principle of the Convention.

Article 4(a). Right to free choice of employment. The Committee notes from the Government’s report that pursuant to Law No. 7995 of 1995 on the Promotion of Employment a number of employment programmes are being implemented and a National Strategy of Employment and Professional Training 2007–13 has been adopted; none of these, however, specifically target workers with family responsibilities. It further notes sections 14–15 of the Labour Code concerning part-time work and work at home. Section 89 provides that the employer shall take account of the personal and family conditions of an employee when requesting additional hours of work. The Committee recalls that pursuant to section 14(b) of the Law on Protection from Discrimination 2010 and section 9 of the Law on Gender Equality in Society 2008, special temporary measures can be taken for the purpose of encouraging equality. The Committee requests the Government to provide information on the following:

(i)    any special temporary measures taken or envisaged with a view to enabling workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise in practice their right to the free choice of employment in accordance with the requirement of Article 4(a) of the Convention;

(ii)   statistical data, disaggregated by sex, of the number of men and women with family responsibilities working part-time or at home;

(iii)  the measures taken to ensure that male and female workers with family responsibilities benefit from the National Strategy for Employment and Professional Training (2007–13), including employment programmes targeting special groups, and on the results achieved in this regard.

Article 4(b). Special leave arrangements. The Committee notes sections 104, 105 and 106 of the Labour Code regarding maternity and adoption leave for female employees, as well as section 27 of Law No. 7703 of 1993 on Social Insurance providing maternity benefits during a period of 365 calendar days. For women pregnant with more than one child, the benefit period is 390 calendar days. Mothers adopting a child of up to one year, and having not less than 12 months of insurance, shall receive maternity benefits up to a maximum of 330 days; there is no paternity leave or adoption leave for the natural or adoptive father. The Committee further notes that section 132(1) and (2) of the Labour Code provide that in the case of indispensable care for dependent children, the male or female employee is entitled to a leave of absence with full pay of 12 days a year; in the case of dependent children up to 3 years of age, the employee is entitled to paid leave up to 15 days in the case of a sick child; and can take additional leave of absence without pay a of maximum 30 days a year. The leave is given to the spouse who effectively looks after the child. If such is not the case, then the leave will be given to both the child’s mother and father on an alternating basis. The Committee asks the Government to continue to provide information on any measures taken or envisaged that take account of the specific needs of workers with family responsibilities in respect of their conditions of work, including measures regarding leave arrangements for other dependent members of the family that clearly need support or care. Noting the long period for maternity benefits granted to the mother and that adoption leave is only granted to adopting mothers, the Committee asks the Government to examine the possibility of extending adoption leave to both adoptive parents, and of allowing also the father of a newborn child to benefit from social insurance benefits provided by the Law on Social Insurance 1993. The Committee refers the Government to paragraphs 27–31 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which indicate the type of measures which could be taken in the area of social security, and asks the Government to provide information regarding any measures taken or envisaged in this regard.

Article 5. Community planning, child and family care services. The Committee notes from the Government’s report the measures taken to establish community services, including crèches and nursery schools. It notes that 43 community-based day services were created by 2008, including 20 services for children, benefiting 3,012 children, 7,405 women and families, and 6,175 elderly people. During the year 2008–09, 116 kindergartens were built and 63 other school facilities are in the process of being completed. Currently 63 per cent of the children of 5–6 years of age and 50 per cent of the children of 3–5 years of age are attending kindergarten. Specific efforts have also been made to address the need of children with disabilities and a number of policies and measures providing services for persons with disabilities have also been adopted. The Committee further notes from the Government’s report submitted to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) that state services for childcare are still missing in many urban and rural zones, and that private initiatives for childcare do not cover all the needs of communities (CEDAW/C/ALB/3, 19 December 2008, paragraph 271). The Committee asks the Government to continue to provide information on the measures taken to establish adequate and sufficient public and private childcare services in urban and rural areas, with an indication of the number of children and workers with family responsibilities that have benefited from these services. The Committee also requests the Government to provide information on the number and nature of family services other than childcare that exist to assist workers in reconciling their work and family responsibilities regarding dependants other than children. The Committee also requests the Government to supply information on any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning, in accordance with Article 5(a) of the Convention.

Article 6. Educational and information measures. The Committee notes from the Government’s report that awareness-raising activities on gender equality and women’s rights have been conducted by the Directorate of Equal Opportunities Policies, and that under the Action Plan and National Strategy on Gender Equality and Domestic Violence, training sessions are being envisaged on gender equality and the sharing of family responsibilities. Furthermore, training sessions on the application of the Law on Gender Equality in Society of 2008 in workplace relations will also be conducted. The Committee requests the Government to continue to provide information on the measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women and of the problems encountered by persons with family responsibilities who are employed, or who want to become employed, and on the impact of these activities on public opinion.

Article 7. Training. The Committee notes the Government’s statement that there are no special measures for workers with family responsibilities regarding providing vocational training and guidance. Measures taken pursuant to sections 5–7 (relating to programmes for vocational training, and job counselling and vocational guidance by employment services) of the Law on Promotion of Employment 1995 and pursuant to Law No. 8872 of 2002 on Education and Vocational Training are offered to all jobseekers and unemployed jobseekers without distinction. The Committee asks the Government to collect and provide statistical information on the number of male and female workers with family responsibilities participating in the employment and training programmes offered, and on any special measures that have been taken or are contemplated to enable workers with family responsibilities to engage in guidance or vocational training schemes. The Committee draws attention to
Paragraphs 12–15 of Recommendation No. 165, which give examples of measures that may be taken.

Article 8. The Committee notes with interest that section 17(2) of the Law on Gender Equality in Society of 2008 prohibits discrimination against a candidate in the job selection process or dismissal of an employee from work because of maternity, potential pregnancy in the future, pregnancy, parental responsibilities, civil status, or family responsibilities. Section 107(a) of the Labour Code prohibits termination of employment in the period during which a woman benefits from income from social insurance because of child delivery or adoption. Pursuant to section 146(1)(c) of the Labour Code, the termination of an employment contract for motives that relate to pregnancy, marital status, family obligations is unjustified dismissal. The Committee requests the Government to provide information regarding the practical application of section 17(2) of the Law on Gender Equality in Society of 2008 and sections 107(a) and 146(1)(c) of the Labour Code, including relevant administrative or judicial decisions concerning dismissal on the basis of family responsibilities, and their outcome.

Article 10. The Committee notes that Albania has apparently not made use of the possibility to apply the Convention in stages, and notes the Government’s statement that the Convention shall be applied to all branches and all categories of workers.

Article 11. The Government states that workers’ and employers’ organizations exercise their right to participate in defining and implementing measures giving effect to the Convention through their participation in the National Labour Council, which has a Commission on Equal Opportunities. The Government indicates further that workers’ and employers’ organizations also provided comments on the Law on Gender Equality in Society of 2008 and the National Strategy on Gender Equality and Domestic Violence. The Committee asks the Government to provide additional information on the manner in which employers’ and workers’ organizations participate in developing and applying specific measures designed to give effect to the provisions of the Convention.

Parts III, IV and V of the report from. The Committee notes that the State Labour Inspectorate shall ensure the implementation of the relevant legislation. It notes the Government’s statement that there have not been any court decisions regarding the application of the Convention, which the Government considers is being applied in a satisfactory manner. The Committee notes that the Commissioner for Protection from Discrimination is entrusted with monitoring the implementation of the Law on Protection from Discrimination of 2010 and may make recommendations for legislative reform. The Commissioner has investigative powers and can impose administrative sanctions (section 32). The Committee notes further that the National Council of Gender Equality can hold joint sessions with the National Council of Labour to advise the Government in defining the direction of state policies. It can also evaluate the situation regarding gender equality in the country and make proposals for its improvement (section 12(1)(a) and (ç) of the Law on Gender Equality in Society 2008). The Ministry of Labour, Social Affairs and Equal Opportunities (MLSAEO) is responsible for implementing the Law and state programmes on gender equality. The Committee asks the Government to gather and supply information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, including the following:

(i)    extracts from reports, studies or inquiries relevant to the matters covered by the Convention;

(ii)   statistics on workers with family responsibilities in employment;

(iii)  the manner in which MLSAEO, the National Council of Gender Equality and the Commissioner on the Protection from Discrimination ensure and/or supervise the application of the measures aimed at giving effect to the Convention, through labour inspection or advisory services, or otherwise; and

(iv)  relevant judicial or administrative decisions involving questions of principle regarding the application of the Convention.