Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes the information supplied by the Government.

Article 2 of the Convention. The Committee notes that article 20 of the Constitution (as amended up to 1993) allows restrictions to the right to collective organization of civil servants. The Committee requests the Government to indicate in what way the right of civil servants to freedom of association for the defence of their economic and social interests is regulated and to specify whether this right has been subject to restrictions, and to supply the applicable texts. The Committee has only the text in Albanian of Act No. 8095 on the civil service of 21 March 1996 published in the Official Journal of 13 May 1996. It intends to examine the content in regard to civil servants' right to freedom of association at its next session.

The Committee notes that several provisions of the Labour Code of 1995 mention employers' organizations. It understands, however, that the Code is not applicable to the establishment of these organizations. It requests the Government to supply the texts governing the establishment of employers' organizations, if any.

Article 3. The Committee notes that under section 2 of Decree No. 7458 of 22 February 1991 on the right to strike, a strike may be declared only after agreement by a majority vote of workers. The Committee expressed the opinion that only votes cast should be taken into account (see 1994 General Survey on freedom of association and collective bargaining, paragraph 170).

The Committee understands from section 4 of Decree No. 7458 that once a strike is declared, with 15 days' notice, it may not last more than one day. The Committee requests the Government to confirm whether this is the case.

The Committee notes that in the sectors aimed at meeting essential needs, such as provision of bread, essential everyday consumer products, water and electric power, public transport, health, civil protection, the judiciary, posts and telecommunications, radio and television, state education, social welfare and customs services, strikes are permitted only if the people can be assured that these needs will be met (Decree No. 7458, section 7). The Committee recalls that restrictions to the right to strike are admissible only in the essential services which are those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). The Committee requests the Government to supply information on how it is determined that these conditions will be met, on the applicable criteria and the competent authorities, as well as on possibilities for the workers concerned to defend their interests if they are not allowed to strike (see paragraph 160 of the General Survey, on determination of the essential services).

Article 7. The Committee observes that the legal personality of a trade union is recognized after deposit of the statutes with the court in Tirana, except where the court decides otherwise (Labour Code, section 178). The Committee requests the Government to specify the criteria on which the court bases its decisions.

The Committee recalls that restrictions on the right to strike are only admissible in essential services, that is to say services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraph 159).