Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee takes note of the information contained in the Government’s report and the text of the Labour Code as amended by Act No. 9125 of 29 July 2003. The Committee also takes note of the observations made by the Confederation of Trade Unions of Albania (CTUA) as well as the Government’s reply thereto.

1. Article 1 of the Convention. Protection of workers against any act of anti-union discrimination. In its previous comments, the Committee had requested the Government to indicate any sanctions provided under the national legislation in case of acts of discrimination resulting from workers’ trade union membership or activities. The Committee notes with interest that article 202 of the Labour Code sets out very important fines in case such acts are committed, while article 197/8 provides that dismissals due to participation in a lawful strike shall be invalid; moreover, articles 10, 146, 181, 197 and 197/8 of the Labour Code contain prohibitions of anti-union discrimination due to trade union membership or participation in trade union activities, like strikes, including special protection for trade union representatives against dismissals.

However, the Committee also notes that there is no reference in the Labour Code to any mechanism of redress against acts of anti-union discrimination (e.g. competent court, procedure, etc.). It also notes in this respect that the CTUA refers to various acts of anti-union discrimination to prevent the establishment of trade unions, although the Government states that the anti-union pressures were not confirmed. The Committee requests the Government to provide further information specifying the authority which has the competence to hear complaints of anti-union discrimination and impose relevant sanctions, as well as statistical information on the number of complaints examined in the last five years, the decisions reached, etc.

2. Articles 4 and 6. Right to collective bargaining of public employees. In its previous comments, the Committee had requested the Government to clarify 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 civil servants are assigned, with a view to specifying whether they are engaged in the administration of the State for collective bargaining purposes. The Committee notes that the Government’s report does not contain information in this respect. The Committee once again requests the Government to provide this information.

3. Article 4. Measures to promote collective bargaining. The Committee notes that, according to section 161 of the Labour Code, a collective agreement can be entered into at the enterprise or branch levels, in accordance with the agreement of the parties. Considering that collective bargaining should also be possible at national level, if the parties so wish, the Committee requests the Government to indicate whether collective bargaining is possible at that level and to indicate any relevant provisions.

4. Comments from the CTUA. With regard to previously transmitted comments by the CTUA to the effect that some institutions do not implement the collective agreements that they have concluded with trade unions, the Committee notes that, according to the Government, in case of non-implementation of a collective agreement, which is a binding contract, the parties may address their claims to the arbitration tribunal or the courts, while the Ministry of Labour and Social Affairs may intervene effectively if requested to do so; for instance, as a result of such an intervention, a collective agreement was signed in the health sector and has opened the way towards signing a broad tripartite social pact.