Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes due note of the information provided by the Government in its reports. It also notes the comments supplied by the Confederation of Trade Unions of Albania (CTUA) dated 21 October 2003 and 30 September 2004. The Committee wishes to draw the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of the Labour Code, persons whose employment is regulated by a special law are excluded from its scope of application. While recalling that the Convention applies to all persons to whom wages are paid or payable, the Committee asks the Government to specify the categories of workers excluded under this provision and to indicate the laws or regulations giving effect to the requirements of the Convention with respect to these categories.

Article 4, paragraph 2. The Committee notes that under section 118(2) of the Labour Code, the partial payment of wages in kind is authorized provided that the parties so agree in writing and respect the limits set by the Decision of the Council of Ministers. According to the same provision, payment in kind is only meant to cover accommodation and food that is consumed by the employee during the breaks at the workplace. However, the Labour Code does not contain an explicit prohibition against the payment in the form of alcoholic drinks or noxious drugs, nor does it specify the manner in which it is ensured that the value attributed to allowances in kind is fair and reasonable. The Committee requests therefore the Government to provide supplementary information in this respect and to transmit a copy of any relevant Decision of the Council of Ministers.

Article 7. The Committee would be grateful if the Government could specify whether any works stores for the sale of commodities to the workers are in operation, and if so, indicate the provisions ensuring that such stores or services are not operated for the purpose of securing profit but for the benefit of the workers concerned.

Article 8. The Committee notes the comments made by the Confederation of Trade Unions of Albania (CTUA) according to which there have been numerous cases of municipal taxes being deducted from wages contrary to section 117(1) of the Labour Code which only allows for the deduction of income tax and social security contributions. In its reply, the Government admits that such irregularities are observed, especially in the municipalities of Tirana and Kavaja. The Committee trusts that the Government will take all necessary measures to put an end to such practices and to ensure strict compliance with the provisions of the Labour Code in respect of wage deductions.

Article 10. While noting the provisions of the Labour Code concerning the attachment of wages, the Committee would appreciate if the Government could indicate the provisions regulating the conditions under which and the limits within which wages may be assigned.

Article 13, paragraph 1. The Committee notes that the general labour legislation does not expressly provide for the payment of wages on working days only and at or near the workplace, nor does it contain any provision specifically prohibiting the payment of wages in taverns or similar establishments. The Committee wishes to refer, in this connection, to paragraphs 400 and 413 of its 2003 General Survey on the protection of wages in which it considered that any formal arrangements regulating the payment of wages by postal or bank transfer would appear to fall well within the exceptions permitted by Article 13, paragraph 1 (that is exceptions "provided by national laws or regulations") and would therefore pose no problem in regard to this Article, but also stated that the provision of this Article of the Convention is undoubtedly still relevant in a large number of countries, notably with regard to labour remuneration practices concerning agricultural workers. The Committee therefore hopes that on an appropriate occasion measures will be taken to ensure the application of the requirements of the Convention regarding the place and time of wage payment, especially in those occupations or branches of activity where the payment by bank transfer, or other non-cash methods of payment, is not practicable or generalized.

Part V of the report form. The Committee would be grateful if the Government would communicate in its next report concrete information on the effect given to the Convention in practice, including for instance reports of labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.