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

Repetition

Article 1 of the Convention. Protection of basic human rights. Freedom of association. The Committee recalls that section 5(4) of the Law on Foreigners (Law No. 9959 of 17 July 2008) recognized the right to organize of foreign nationals subject to obtaining a residence permit. The Committee had therefore requested the Government to take the required measures, where necessary through an amendment to the legislation, to ensure that all workers, including foreign workers without a residence permit, could exercise trade union rights, and particularly the right to join organizations which defend their interests as workers, in conformity with Article 1 of the Convention. The Committee notes that the new Law on Foreigners (Law No. 108 of 28 March 2013), which repeals the Law No. 9959 of 2008, no longer contains the abovementioned provision. However, the Committee notes that whereas section 70 of the new Law on Foreigners provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as Albanian nationals, the Law contains no other provisions relating to the right to organize of foreign nationals. In this context, the Committee also refers the Government to its comments on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). Recalling the provisions of the Constitution of Albania concerning fundamental rights and freedoms (Article 16(1)), the right to organize collectively (Article 46(1)) and the right of employees to unite freely in labour organizations (Article 50), the Committee requests the Government to confirm that all foreign workers, whether with a permanent or temporary residence permit or without a residence permit, can exercise trade union rights, and particularly the right to join organizations which defend their interests as workers in conformity with Article 1 of the Convention.