Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the report submitted by the Government as well as of the comments submitted thereon by the Confederation of Trade Unions of Albania (CTUA). It also notes that a new Labour Code has been recently adopted, which the Committee will examine once a complete translation is available.

1. Article 1 of the Convention. Protection of workers against any act of anti-union discrimination. The Committee requests the Government to indicate in its next report the sanctions provided under the national legislation in case of any act of discrimination resulting from workers’ trade union membership or activities.

2. Articles 4 and 6. Right to collective bargaining of public employees. In its last comment, the Committee requested the Government to indicate the categories of public servants deemed to exercise their functions in the administration of the State and who, consequently, could be excluded from the right to collective bargaining. In its report, the Government indicates that the applicable law is Act No. 8549 on the status of the civil servant dated 11 November 1999. The Committee notes that under this Act, civil servants enjoy the right to organize and take part, through trade unions, in the decision-making process relating to their conditions of work.

The Committee notes that the following public employees are excluded from the right to collective bargaining: (1) political officials; (2) civil servants with supervisory or management functions; (3) civil servants at the implementing level. The Committee notes that on the other hand common employees working in the public service enjoy the right to collective bargaining. The Committee also notes that the CTUA in its comments refers to the conclusion of collective agreements in some ministries.

The Committee recalls that, while public servants engaged in the administration of the State can be excluded from the right to collective bargaining under Article 6, such a category of public servants must be envisaged restrictively. In these circumstances, the Committee requests the Government to specify concretely, in its next report, the nature of the functions discharged by civil servants considered to be at the implementing level and the institutions other than the ministries to which they are assigned. The Committee also requests the Government to provide a copy of the law on the trade union activities of civil servants referred to in section 20(d) of Act No. 8549, as soon as it has been adopted.

3. Comments from the Confederation of Trade Unions. The Committee has taken note of the comments sent by the CTUA according to which some institutions do not implement the collective agreements that they have concluded with trade unions. Recalling that collective agreements which have been concluded are binding on the parties, the Committee requests the Government to submit its observations on the comments of the CTUA with its next report.