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

Repetition

Articles 1, 11 and 12 of the Convention. Adequate protection and determination of responsibilities of temporary work agencies. The Government refers in its report to the ongoing amendment to the 1995 Labour Code of Albania aimed at incorporating temporary employment agencies. The draft Code, approved by the Council of Ministers and submitted to Parliament, will also address other requirements of the Convention and sections 4 (Review of restrictions or prohibitions) and 6 (Access to employment, collective facilities and vocational training) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. The Committee requests the Government to provide information on the adoption of the draft Code in Parliament and to specify how the requirements under Articles 11 and 12 of the Convention are addressed in the applicable legislation. Please also provide a copy of the Code, once adopted, to the Office.

Article 7. Fees or costs. The Government indicates that Resolution No. 708 has been replaced by Decision of the Council of Ministers No. 538 of 26 May 2009. The Committee once again requests the Government to specify whether private employment agencies are allowed to charge fees or costs to workers under the current legislation. If so, please indicate the types of services and the categories of workers for which fees or costs can be charged and the reasons for authorizing such exceptions, as well as the consultations held with the social partners on this matter. Please also provide a copy of Decision of the Council of Ministers No. 538 of 26 May 2009.

Article 8. Migrant workers. The Government reports that, in 2012 and 2014, it concluded two agreements concerning migrant workers with Germany and Qatar. The agreement with Germany – the Triple Win Migration – is aimed at sending Albanian medical staff to Germany and is a follow-up to a 1991 agreement. The agreement with Qatar will be based on direct cooperation between the Ministry of Labour and Social Affairs of the State of Qatar and the Albanian Ministry of Social Welfare and Youth (MSWY), and will involve Albanian state institutions in the process of recruiting Albanian citizens for work in Qatar in order to strengthen the protection of their rights. In April 2015, two cooperation agreements were signed between the MSWY and Italian tourist associations and with an international employment agency. The Memorandum of Understanding signed with the international employment agency entails direct collaboration and information sharing between the public employment services, the signatory agency and other Albanian private employment agencies. The Committee requests the Government to continue to provide information on the impact of the agreements concluded and on whether other agreements are envisaged. It also requests the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed by private employment agencies. Please also provide information on the penalties laid down and imposed against agencies engaging in fraudulent practices and abuses.

Articles 10 and 14(3). Investigation of complaints. Adequate remedies. The Committee notes that in the period 2012–13, labour inspectors have been inspecting the two existing employment agencies. While the inspection of one entity was part of the standard procedure, the other inspection took place to investigate a complaint alleging violations of the Convention. The inspections concluded that neither employment agency violated the Convention. The Committee requests the Government to provide information on the remedies provided for and examples of sanctions effectively applied in cases of violations of the Convention and a general appreciation of the manner in which the Convention is applied, for example, by including extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).