Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Albanie (Ratification: 1957)

Autre commentaire sur C098

Observation

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The Committee notes the Government’s reply to the 2009 comments made by the Confederation of Trade Unions of Albania (CTUA). Furthermore, the Committee notes the comments made by the International Trade Union Confederation (ITUC) in its communication dated 4 August 2011.

Article 1 of the Convention. Protection of workers against acts of anti union discrimination. In its previous comments, the Committee, noting the CTUA comments regarding cases of anti-union dismissals and related legislative shortcomings, reminded the Government that the Convention prescribes adequate protection against acts of anti-union discrimination and invited the Government to join forces with the social partners to examine the matter of remedies for anti-union dismissals. The Committee notes that the Government refers in its report to several provisions of the Labour Code setting forth measures concerning protection of trade union rights. The Committee observes that section 146(3) of the Labour Code provides, in cases of anti-union discrimination, for compensation of up to the wage of one year, and section 202(1) for a fine of up to 50 times the minimum wage; that the termination of a union official requires the prior consent of the relevant workers’ organization (section 181(4)); but that the remedy of reinstatement is only made available to public administration employees (section 146(3)). The Committee also notes that the ITUC reports that, according to the CTUA, anti-union behaviour is widespread and includes dismissals, transfers, demotions and wage cuts and the law does not allow the victims to obtain reinstatement in their jobs. While it is understood that systems providing for preventive measures (such as prior authorization), sufficiently dissuasive sanctions or reinstatement, are deemed to be compatible with the Convention, the Committee notes with regret that, although it had previously urged the Government to take all necessary steps without delay to establish the arbitration tribunal and labour court provided for in the Labour Code, the Government indicates that arbitration tribunals have not yet become operational in practice. The Committee notes the Government’s statement that the Ministry of Justice has planned to undertake the legal initiative of drafting the new law on arbitrage, which will be accompanied by the relevant procedures of the Civil Procedure Code, and that work has started for drafting this initiative. The Committee also notes that the ITUC reports that, according to Albanian trade unions, courts are overloaded and that it takes around three years to review cases of anti-union harassment. Recalling once again that the existence of general legal provisions prohibiting acts of anti-union discrimination is not enough unless they are accompanied by effective and rapid procedures to ensure their application in practice, and highlighting that justice delayed is justice denied, the Committee urges the Government to take all necessary measures to establish the arbitration tribunal and labour court provided for in the Labour Code without further delay so as to provide for expeditious means to protect against and effectively redress acts of anti-union discrimination. The Committee requests the Government to supply information with regard to the status of the legal initiative concerning a new law on arbitrage as well as copies of the relevant text as soon as adopted.

Article 4. Promotion of collective bargaining. Noting in its previous comments that under section 161 of the Labour Code, collective agreements may only be concluded at enterprise or branch level, and that according to the Government no collective agreements at national level had yet been concluded, the Committee had asked the Government to submit to the National Labour Council the matter of promoting collective bargaining in the public and private sectors, including the possibility of bargaining at national level, and to supply information on developments in collective bargaining in practice. The Committee notes that in referring to collective bargaining at national level, the Government reiterates that no collective agreements have, as yet, been negotiated or entered into, but that a social memorandum of understanding was concluded in February 2011 between the Council of Ministers, the employers’ and workers’ organizations and the members of the National Labour Council (however, not all parties have yet signed, with the exception of the CTUA). The Committee requests the Government to continue to make efforts, as required by Article 4, to encourage and promote voluntary collective bargaining in the public and private sectors, including the possibility of bargaining at national level, in particular by mobilizing tripartite forums such as the National Labour Council. The Committee hopes that the Government’s next report will contain information on positive developments in this respect.

The Committee reminds the Government that it may seek technical assistance from the Office in dealing with all the points raised.