Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

In its previous comments, the Committee noted with concern the Government’s statement that no public workers’ trade unions have yet been established. The Committee welcomes the Government’s indication that the Education and Health Care Unions, the Independent Trade Union of Civil Servants and the Federation of Civil Servants and Public Administration have been functioning in the public sector for several years. The Committee takes note of the Government’s indication that work relations in the civil service are now regulated by Act No. 152/2013 on the Civil Servants, which entered into force on 26 February 2014 and repealed Act No. 8549 of 11 November 1999 on the Status of Civil Servants. The Government indicates that Act No. 152/2013 applies to all civil servants, including those in tax and customs offices and local governments (prefectures). The Government further indicates that pursuant to section 36 of Act No. 152/2013, civil servants have the right to establish and join trade unions or professional associations as well as the right to be elected in their steering organs and participate in their activities.

Articles 4 and 5 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee noted that the Labour Code contained specific provisions on protection against anti-union discrimination and interference of public employees. The Committee notes the Government’s indication that a draft Labour Code was expected to be approved by Parliament by the end of 2014. The Committee trusts that the new Labour Code will adequately provide for the protection set out in Articles 4 and 5 of the Convention, and requests the Government to provide information on developments relating to the draft Labour Code and to provide a copy as soon as it is adopted.

Article 6. Facilities for workers’ representatives. In its previous comments the Committee requested the Government to indicate whether civil servants have entered into collective agreements defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also requested the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work. The Committee notes that in its report, the Government merely repeats that section 181 of the Labour Code requires employers to create all the necessary conditions and facilities for the elected representatives of the organizations of employees to normally exercise their functions, which are defined in the collective contract. The Committee once again requests the Government to indicate whether the civil servants covered by the Act No. 152/2013 on the Civil Servants have entered into collective agreements defining the necessary conditions and facilities to be extended to the elected representatives of their organizations. The Committee also once again requests the Government to indicate whether, in practice, representatives of recognized organizations of civil servants and public employees are afforded the facilities necessary to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work.

Article 7. Participation in the determination of conditions of employment. The Committee notes that section 39(1) of Act No. 152/2013 guarantees to civil servants the right to be consulted through their trade unions or representatives on decision-making regarding working conditions. Section 39(3) provides that the Council of Ministers shall issue detailed rules for the exercise of such right. The Government has not indicated whether these rules have been issued. The Committee requests the Government to provide information on the issuance of the rules in question, as required by Act No. 152/2013 on the Civil Servants, and to provide a copy.

Article 8. Settlement of disputes. The Committee had indicated in its previous comments that, according to the Confederation of Trade Unions of Albania, the procedures provided for in the Labour Code for the resolution of collective disputes have never functioned normally, and that boards of conciliation are not always set up in order to settle labour disputes. The Government indicates, in this regard, that the state’s offices of conciliation and mediation were to be reorganized in September 2014. The Government also informs that the Ministry of Justice has started drafting a new arbitration law, and that the draft Labour Code seeks to reformulate the arbitration procedure and prevent the interference of the Government in collective conflicts. The Committee requests the Government to provide information on the measures taken to ensure the adequate functioning of dispute settlement mechanisms that have the confidence of the parties, as provided by Article 8 of the Convention, including on any developments relating to the new arbitration law.