Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Albanie (Ratification: 2007)

Autre commentaire sur C156

Demande directe

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Article 3 of the Convention. National policy. Recalling its previous comment concerning the National Strategy for Gender Equality 2011–15, the Committee notes that although the goal of raising the labour force participation rate of women was not met, the legal framework was enhanced, employment and vocational training programmes for women had been developed and implemented and some social protection services were expanded. The Committee further notes with interest the adoption of the new National Strategy and Action Plan on Gender Equality 2016–20 which promotes the economic empowerment of women and men through, among other measures, the reduction of women’s unpaid domestic work by increasing access to and improving the quality of social services. Specific expected outcomes are: (i) reduction by 10 per cent of the unpaid work of women as a result of increased access to social services, such as nurseries, kindergartens, services for the elderly (especially older women), services for women and children with disabilities; services for Roma and Egyptian women, and women from the marginalized groups; and (ii) evaluation of services provided by local government units under their new powers and functions under the Administrative–Territorial Reform. The Committee asks the Government to provide information on the steps taken to implement the National Strategy and Action Plan on Gender Equality 2016–20 concerning the reduction of unpaid domestic work, provision of social services and all other measures taken to enhance the economic empowerment of women and men through assisting them in reconciling employment and family responsibilities. Noting the Government’s indication that the provisions of Act No. 93/2014 on the Inclusion and Accessibility of Persons with Disabilities, which provide for assistance services for persons with disabilities will benefit members of the family who usually care for them, the Committee asks the Government to provide information on how the implementation of this law has served to assist persons caring for persons with disabilities to enter or re-enter the labour market or retain their employment.

Article 4. Leave entitlements. The Committee notes with interest the adoption of Act No. 136 of 12 May 2015, which amends section 132(1) of the Labour Code on parental leave to provide employees (both men and women) who have one year of continuous employment under the same employer with unpaid parental leave of not less than four months until the dependent child reaches the age of six years. It also notes with interest the amendment to section 132(2) extending adoption leave to both parents. The Committee also takes note of the improvements made in the social security law in particular concerning maternity leave and benefits and will address those matters in its comments under the Maternity Protection Convention, 2000 (No. 183).

Work organization. The Committee notes that Act No. 136 also amends sections 14 and 15 of the Labour Code to strengthen protection of part-time work and to permit and strengthen protection of teleworking work in addition to work from home arrangements. The Committee asks the Government to provide information on the application in practice of the new parental leave provisions, as well as on recourse to flexible work arrangements of part time, homeworking and teleworking including statistical data, disaggregated by sex, of the number of women and men with family responsibilities exercising these leave and working arrangement options. It also asks the Government to indicate measures taken regarding leave or other arrangements to facilitate workers with care responsibilities for other members of their family.

Article 5. Childcare and family services and facilities. The Committee notes from the information provided by the Government that, since 2015, community and family services to provide home care and transport service for family members, including children with disabilities and the elderly depending on others, have become more frequent. A draft law on social care to regulate the delivery of social services to vulnerable categories (children, people with disabilities, youth, women and girls in need, and the elderly) is also under way. It further notes the information on the child protection services aimed at children and their families, which include among other services, economic assistance to the family, caregiving and registration in educational institutions. It notes in particular the programmes that target the street children and their families, provide services to children and refer parents to vocational schools and employment offices, with the result of some finding employment. The Committee asks the Government to continue to provide information on the measures taken and their impact in establishing and increasing access to adequate and sufficient public and private childcare and other care services in both rural and urban areas. It also asks the Government to provide information on the adoption of the draft law on social care and on how the situation of workers with family responsibilities and the requirements of this Convention were taken into account in its drafting. It also asks the Government to indicate any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning.

Article 6. Information and education. The Committee notes the information provided on the activities of the Commissioner for Protection from Discrimination concerning publications, training and awareness raising on protection from non-discrimination. It further notes that under the National Strategy and Action Plan on Gender Equality 2016–20, awareness raising on gender roles and responsibilities is to be undertaken. It also notes from the “National Employment and Skills Strategy 2014–20: Higher skills and better jobs for all women and men”, that women carry out 86 per cent of unpaid work in Albania and are almost entirely responsible for domestic duties (96 per cent), and that working women have fewer young children and smaller households then non- working women. The Committee hopes the Government will address the subject of reconciling family and work responsibilities within the activities to promote a broader understanding of the principle of non-discrimination, and asks the Government to continue to report on such awareness raising and educational activities, and their impact.

Article 7. Vocational guidance and training. The Committee notes that the “National Employment and Skills Strategy 2014–20: Higher skills and better jobs for all women and men”, recognizes that women’s unpaid care work within the household (including care for children and the elderly) negatively affects women’s labour force participation, and thus, the need for support services and the creation of conditions which offer households and women the possibility of more balanced and efficient intra-household time allocation between paid and unpaid work. The Strategy further recognizes that economic and social policy responses supporting the reconciliation of work and family life in turn would have a large impact on women’s employment outcomes, their economic empowerment, and Albania’s economy at large. The Committee notes that an output of the Action Plan supporting the National Employment and Skills Strategy is: increased access to training and the labour market for women by supporting measures and initiatives that aim at reconciling work and family life including in the rural areas. The Committee also notes the information provided on unemployed orientation, counselling and vocational training services for the unemployed who come from disadvantaged groups which includes those with family responsibilities. The Committee asks the Government to provide information on the steps taken to facilitate the reconciliation of work and family responsibilities in the context of the implementation of the National Employment and Skills Strategy and Action Plan and on all other measures taken to facilitate those with family responsibilities accessing vocational and skill training programmes.

Article 8. Protection against dismissal. The Committee notes that section 146(1)(c) of the Labour Code has been amended by Act No. 136 to protect employees against the termination of their contract if it violates the prohibition of discrimination as provided for in the Code and in the special Law on the Protection from Discrimination and that the prohibition of discrimination under section 9 of the Labour Code has been strengthened. The Committee asks the Government to continue to provide information on the practical application of section 17(2) of the Law on Gender Equality in Society and sections 107(a) and 146 of the Labour Code, including relevant administrative or judicial decisions concerning dismissal on the ground of family responsibilities.

Article 11. Cooperation with workers and employers organizations. The Committee welcomes the work undertaken by the tripartite working groups, established by the Ministry of Labour, to review the Labour Code, in particular the provisions dealing with gender equality in order to transpose the ILO Conventions and the relevant EU Directives and to recommend amendments which were approved by the National Labour Council. The Committee notes that some of the amendments serve to strengthen the application of this Convention in the provisions of the Labour Code. The Committee asks the Government to continue to provide information regarding the activities and results of cooperation with the employers’ and workers’ organizations in the implementation of the Convention.

Enforcement and practical application. The Committee asks the Government to continue to provide the requested information in accordance with Parts III–V of the report form.