Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

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The Committee notes with regret that the Government has still not provided its comments on the observations of the International Trade Union Confederation (ITUC) submitted in 2019 and concerning, in particular, allegations of anti-union discrimination in an energy company, a footwear company and a public agency. The Committee reiterates its call for the Government to provide its comments in this respect.

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to provide detailed information on the cases of anti-union discrimination resolved or pending before the Commissioner for Protection against Discrimination (CPD) or the Court and to specify the duration of the proceedings and their specific outcomes.

The Committee notes the detailed information provided by the Government with respect to 14 cases of alleged discrimination against trade union members or trade union representatives examined by the CPD between January 2020 and February 2023. In this respect, the Committee notes the Government’s indications that: (i) the CPD found that discrimination was established in five cases; (ii) in these five cases the decisions were challenged before the courts, the CPD resolutions being upheld in three instances while two cases still being pending; (iii) discrimination was not found in seven cases; (iv) the examination of two complaints was suspended by the CPD pending related judicial decisions. The Committee takes due note of this information. It notes, in particular, that the CPD was, on average, able to pronounce itself within eight months and that its decisions included, inter alia the reinstatement of dismissed workers. At the same time, the Committee observes however that no information was provided on cases of anti-union discrimination that may have been filed directly before the courts. With a view to being able to evaluate the effectiveness of the mechanisms in place the Committee therefore requests the Government to continue providing information on cases of alleged anti-union discrimination addressed both by the CPD and the Courts and to specify the duration of the proceedings and their specific outcomes.

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 requested the Government to take measures to promote voluntary collective agreements at all levels, including at national level, and to provide information on the measures taken and their impact on the promotion of collective bargaining.

In this respect, the Committee notes the Government’s indications that: (i) no collective agreements have been concluded between the Government and workers and employers’ representatives at the national level; (ii) between 2019 and 2023 a final total of 24 collective agreements at the level of branch/profession were concluded. The sectors covered by these collective contracts are in the field of the extraction and processing industry, electricity, agri-food, services, tourism, public order, professional education and health; (iii) in the public sector, 75 per cent of employees are covered by collective agreements, while in the private sector, 25 per cent of employees are covered by collective agreements; (iv) the collective agreement of the health sector has been registered in 2021 and is in force until 2024; and (v) the low level of coverage of collective bargaining in the private sector is the consequence of both the weak presence of unions in private companies and the lack of dialogue of employers towards trade unions.

The Committee also notes the information provided by the Government concerning: (i) the recognition by the National Employment and Skills Strategy 2023 – 2030 of the importance of collective agreements as a unique mechanism for regulating working conditions and employment conditions and of the need to strengthen collective bargaining in sectors characterized by a high level of employment and by workers’ vulnerability; (ii) the planned tripartite national seminar, with the ILO support, on collective bargaining, and friendly resolution of disputes; (iii) the plans to expand the range of services available with respect to, conflict prevention and the promotion of collective bargaining; and (iv) the creation of a tripartite working group to determine the necessary legal and institutional changes to be adopted for this purpose. The Committee welcomes these different initiatives and prospects andinvites the Government to: (i) take further measures to promote collective bargaining at all levels including at the national level when the parties so decide, and to revise article 161 of the Labour Code in this regard; (ii) inform about the specific action taken to effectively promote collective bargaining in the private sector, in particular with respect to sectors with a high proportion of vulnerable workers.

The Committee recalls that the Government may continue to avail itself of the ILO technical assistance.