Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Autre commentaire sur C098

Observation

Demande directe

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 16 September 2020, denouncing anti-union discrimination acts in the mining sector, in particular the anti-union dismissal of the chairman of the Trade Union of United Mineworks of Bulquiza (TUUMB) following the establishment of the union. The Committee further notes that the ITUC alleges the lack of adequate protection against anti-union discrimination. Recalling that in its 2019 observations the ITUC had raised similar allegations, as well as severe obstacles to collective bargaining, the Committee requests the Government to ensure that all allegations of anti-union discrimination are subject to swift and effective investigations by an independent body and to provide its comments on the 2019 and 2020 ITUC observations.

The Committee notes with regret that the Government has not provided its report, due in 2019, and therefore urges the Government to send it before its next meeting. The Committee observes however that the Government’s reports on the application of Labour Relation (Public Service) Convention, 1978 (No. 151) and Collective Bargaining Convention, 1981 (No. 154) provide information relevant to the application of the present Convention, which is therefore taken into consideration for the present observation.

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee had observed that despite the Labour Code providing for remedies in cases of anti-union discrimination, in the absence of a special jurisdiction, labour disputes were brought before ordinary courts, considerably delaying the procedures. On that occasion, the Committee had recalled that the existence of general legal provisions prohibiting acts of anti-union discrimination was insufficient unless they were accompanied by effective and rapid procedures to ensure their application in practice and urged the Government to take all necessary measures to ensure that adequate enforcement mechanisms be set up and operationalised expeditiously. While welcoming the fact that the Labour Code, as amended by law no. 136/2015: (i) recognizes union membership as a ground of discrimination (section 9 of the Labour Code) and; (ii) extends the protection provided to trade union representatives to one year after the expiration of their mandate (section 181 of the Labour Code), the Committee understands, based on the information provided by the Government in its report under Convention No. 151, that these amendments to the Labour Code have not modified the existing enforcement mechanisms to ensure access to more effective and rapid procedures against acts of anti-union discrimination. Bearing particularly in mind the reiterated ITUC denunciations of serious acts of anti-union discrimination and the alleged lack of adequate protection, the Committee requests the Government to inform of any development in this regard. It requests the Government to provide detailed information on the practical application of the remedies for anti-union discrimination set out in the law, in particular the availability and use of any applicable enforcement mechanisms, such as judicial actions before the courts, and the duration of proceedings.

Article 4. Promotion of collective bargaining. In its previous comments, noting that section 161 of the Labour Code provides that a collective agreement can only be concluded at the enterprise or branch level and that no collective agreements had been concluded at the national level, the Committee had invited the Government to pursue its efforts to promote voluntary collective agreements at all levels, including at national level, and to provide information on any measures taken and their impact on the promotion of collective bargaining. The Committee notes with interest that the Labour Code, as amended, provides for, in the context of the collective bargaining process, the right of trade union representatives to receive information from the employer on all matters related to the negotiations within a week (section 163/2). The Committee further notes the Government's indication, included in its report under Convention No. 154, that: (i) a national database for collective agreements, trade unions and collective disputes, established in December 2019 with the support of the Office, will be accessible to various government agencies, and that it will assist public authorities in designing policy measures aimed at promoting collective bargaining and implementing best practices; (ii) between 2019 and 2020, 16 collective agreements were concluded in the tourism, food, energy and oil sectors, covering 10 per cent of workers in the private sector; and (iii) the number of collective agreements reported by the Government may be influenced by the failure of private employers to file collective agreements at the corresponding labour offices, despite the legal obligation to do so arising from section 167 of the Labour Code. While taking due note of the information provided by the Government, the Committee observes however that no indication was made by the Government regarding the conclusion of collective agreements at the national level and that no amendments have been made to section 161 of the Labour Code. The Committee therefore requests the Government to continue providing information on any further measures adopted or envisaged to promote collective bargaining including at the national level when the parties so desire. It further requests the Government to continue providing information on the number of collective agreements that have been concluded and that are in force, the sectors covered, and the percentage of workers covered.