Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

COVID-19 measures. The Committee notes the Government’s statement in its report regarding the labour inspection activities related to COVID-19. In particular, the Government indicates that the State Labour Inspectorate and Social Services (SLSSI), together with the State Health Inspectorate, is part of a task force responsible for monitoring the relevant protocols to reduce the transmission of infection among employees with a view to ensuring a safe and healthy working environment.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Staffing and material means of the labour inspection services; scope of inspections carried out. The Committee previously noted that the number of labour inspectors was not sufficient to perform fully the inspection tasks required by law and that the lack of financial resources limited the ability of inspectors to travel. The Committee notes with concern the Government’s indication in its report that the number of employees of the SLSSI remains unchanged at 155, with 37 at the central level and 118 at the regional level. It also notes the Government’s indication that the total budget of the SLSSI for 2020 amounts to 186,300,000 Albanian lek (ALL) (approximately US$1,781,000) of which ALL120,278,000 (approximately US$1,150,000) is the salary fund, ALL20,086,000 (approximately US$192,000) is the Social Insurance Fund and the rest are investments and operating expenses. Six vehicles are available, of which three are used by the Central Directorate. Only three out of 12 regional branches have a vehicle at their disposal. Moreover, the Government indicates that there are 46 tablets and 55 laptops available for inspectors. The Committee urges the Government to take the necessary measures to ensure that the budget allocated to labour inspection is sufficient to secure the effective discharge of the duties of the inspectorate, including the provision of suitably equipped offices and necessary transport facilities. The Committee also once again requests the Government to provide specific information on the staffing and material means of the SLSSI in performing inspections in agriculture, including transportation and local offices.

Articles 12(1) and 16 of Convention No. 81 and Article 16(1) and 21 of Convention No. 129. Right of inspectors to free entry of workplaces and undertaking of inspections as often as is necessary to ensure the effective application of the relevant legal provisions. The Committee previously noted that 10 per cent of inspections were unscheduled and/or emergency inspections, for which an authorizing officer shall issue an authorization within 24 hours.

The Committee notes the Government’s information that 13,079 entities were inspected in 2019, of which 78 per cent were planned inspections. Among the 2,823 unscheduled inspections, 197 were due to occupational accidents, 600 were in response to complaints and 2,026 were carried out following indications of flagrant violations. During the first three months of 2020, a total of 2,524 entities were inspected, of which 90 per cent were planned inspections. Among the 239 unscheduled inspections, 38 were due to occupational accidents, 135 were in response to complaints and 66 were carried out following indications of flagrant violations.

The Committee also notes the Government’s reference, regarding inspection procedures, to Law No. 10433 of 2011 on inspection and Law No. 9643 of 2006 on labour inspection. Section 13 of the Law on labour inspection provides that the labour inspector and controller are authorized to enter the working premises of any entity without prior notice. According to section 26 of the Law on inspection, inspections shall be carried out in the implementation of the inspection programme as a principle, and “off-programme” inspections may only be carried out in prescribed situations. Section 27 of the Law on inspection also provides that the administrative inspection procedure is initiated as a rule, upon the issuance of the authorization by the Chief Inspector or the chief inspector of the territorial branch. The inspection may only be initiated without authorization where a flagrant violation is found to be occurring or the occurrence of events, accidents or incidents that have affected or may affect life or health or the environment. The initiation of such an inspection shall be noted immediately in a special part of the inspection report, and the inspector is obliged to notify, without delay, the person responsible for the issuance of the authorization. Section 27 further provides that although the issuance of an authorization in violation of the relevant provisions shall not invalidate the decision of the inspection, it does constitute a disciplinary violation.

Referring to its 2006 General Survey, Labour Inspection, paragraphs 265 and 266, the Committee observes that, restrictions maintained on inspectors’ free initiative in this regard, such as the requirement for a formal authorization issued by a higher authority, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments. The Committee requests the Government to take the necessary legislative measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee requests the Government to provide information on the measures taken in this regard and to continue to provide information on the undertaking of inspections in practice, indicating the number of scheduled and unscheduled inspections, as well as the total number of workplaces liable to inspection. Lastly, the Committee requests the Government to provide information on any disciplinary measures imposed on labour inspectors related to the procedures for the authorization of inspection under the Law on inspection.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the Government’s indication, in response to the Committee’s previous comments on the remuneration scale and career prospects of labour inspectors, that the transfer and promotion of labour inspectors, as civil servants, is subject to Law No. 152 of 2013 on the Civil Service, as well as Decision of the Council of Ministers (DCM) No. 243 of 2015 on admission, movement, probationary period and appointment in the executive category and DCM No. 242 of 2015 on filling vacancies in the lower and middle management category. Regarding the current levels of remuneration, the Government provides information on the current salary categories of labour inspectors, and indicates that field inspectors receive a basic salary of ALL38,000, with a supplemental salary related to educational level and seniority. The Government also indicates that it is unable to provide comparative information between labour inspectors and tax inspectors due to limited data. The Committee further notes the Government’s indication that the issue of the payment of inspectors will be addressed in the framework of the salary and job classification reform in process. The Committee requests the Government to pursue its efforts to improve the conditions of service of labour inspectors within the framework of the current salary and job classification reform, and to provide information on any progress made or results achieved.It also requests the Government to strengthen its efforts to ensure the availability of comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of government employees exercising similar functions, such as tax inspectors or police officers, and to provide this information, when available.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Prosecutions and penalties. The Committee previously noted the Government’s indication that the policy pursued by the SLSSI intended to reduce the number of fines in a rational way, and it requested the Government to provide statistical information regarding prosecutions and penalties.

The Committee notes the Government’s indication, and the information in the Annual Reports on Inspection Activities for 2018 and 2019 (available on the Government’s website), that 175 fines were imposed in 2018 and 160 fines in 2019 (compared with the 381 fines in 2011 previously noted by the Committee). Fines were collected with a total value of ALL26,138,600 (approximately US$249,900) and ALL559,268 (approximately US$5,340) in interest on arrears from fines. Moreover, in 2019, 53 inspections decisions were appealed to SLSSI, of which 45 were upheld. There were also 44 judicial processes related to the sanctions imposed on various entities, where the inspection decision was upheld in 23 cases (with an additional 18 cases still ongoing). The Committee also notes that, according to 2019 Annual Report on Inspection Activities, administrative measures (a warning, fine or a suspension of activities) were imposed following 27 per cent of the total inspections carried out. Moreover, a higher percentage of violations were detected during unscheduled inspections, including in 78.6 per cent of inspections undertaken following accidents, 64 per cent of inspections following indications of flagrant violations and 48 per cent of those following complaints. Noting with concern the significant decline in the number of fines imposed since 2011, the Committee requests the Government to provide information on the measures it is taking to ensure the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee requests the Government to provide information on the reasons for this decline, and to continue to provide detailed information on the number and nature of fines imposed, the outcomes of the judicial appeals of inspection decisions and the percentage of violations detected during unscheduled and scheduled inspections respectively.

Matters specifically relating to labour inspection in agriculture

Articles 6(1)(a) and (b) and (3), and 19 of Convention No. 129.Labour inspection activities in agriculture. The Committee previously noted that the number of inspections in the agricultural sector constituted 0.8 per cent of total inspections, and that nearly half of the workforce in Albania was employed in the agricultural sector.

The Committee notes the Government’s indication that in 2019, 284 inspections were carried out in the agriculture, forestry and fishery sector (2.1 per cent of the total inspections carried out), covering 1,519 employees (0.5 per cent of the total number of employees in workplaces inspected). Nineteen administrative measures were imposed, including six suspensions of work (due to violations of legal provisions on employment), nine warnings and one fine. During the first three months of 2020, 67 inspections in agriculture, forestry and fishery (2.6 per cent of the total inspections carried out), covering 450 employees (0.8 per cent of employees in workplaces inspected). Ten administrative measures were imposed, including three suspensions of work, six warnings and one fine. The Government also indicates that there are no specific trainings targeting inspections in the agriculture sector, but the topics of trainings conducted in 2019 will have a direct impact on inspections in all economic sectors. Noting the continuing low percentage of the inspection visits carried out in agriculture, the Committee once again requests the Government to strengthen its efforts to ensure the enforcement of laws and regulations in agriculture, including with respect to occupational safety and health (OSH), and to continue to provide information on the number of inspections carried out in that sector. The Committee also requests the Government to provide information on measures undertaken or envisaged to ensure that training is provided to labour inspectors on agriculture-related subjects, and on any progress made in this respect.