Council of Europe

• Council of Europe
• Human Rights and Rule of Law
• European Social Charter

- Albania and the European Social Charter -

Ratifications

Albania ratified the Revised European Social Charter on 14/11/2002 and has accepted 64 of the Revised Charter’s 98 paragraphs.

Albania has not yet signed the Additional Protocol providing for a system of collective complaints.

Table of Accepted Provisions

The Charter in domestic law

Automatic incorporation into domestic law based on Article 122 of the Constitution.

Reports *

Between 2005 and 2011 Albania submitted 7 reports on the application of the Revised Charter.

The 6^th report, submitted on 01/11/2010, concerns covers the accepted provisions of the Revised Charter related to Thematic Group 4 “Children, families, migrants” (Articles 7, 8 and 19 of the Revised Charter). Conclusions in respect of these provisions were published in January 2012.

Albania submitted its 7^th report on 28 October 2011 on accepted provisions of the Revised Charter related to Thematic Group 1, Employment, Training and Equal Opportunities, i.e

- the right to work (Article1),
- the right of men and women to equal opportunities (Article 20),
- the right to protection in cases of termination of employment (Article 24),
- the right to workers to the protection of claims in the event of insolvency of the employer (Article 25).

Conclusions in respect of these provisions will be published in December 2012.

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* Following a decision taken by the Committee of Ministers in 2006, the provisions of both the 1961 Charter and the Revised Charter have been divided into four thematic groups. States present a yearly report on the provisions relating to one of the four thematic groups. Consequently each provision of the Charter is reported on once every four years.

Situation of Albania with respect to the application of the Revised Charter

Examples of progress achieved in the implementation of social rights under the Social Charter¹

Thematic Group 1 “Employment, training and equal opportunities”

► Law no. 9570 of 3 July 2006 amending the Employment Act defined the aim of employment policies and introduced the concept of access to public employment services.

►Law no. 9570 of 3 July 2006 amending the 1995 Employment Act defines the main aim of all employment policies and contain a clearer definition of concepts such as “jobseeker” and “employment services”.

Thematic Group 2 “Health, social security and social protection”

► The Decision of the Council of Ministers no. 762 of November 2003 obliges all enterprises employing more than 15 persons to have an occupational doctor.

► Law no. 9774 of 12 July 2007 on the evaluation and administration of noise in the environment was approved.

► Legislation has been adopted on safety of food products, health, animals, etc. in order to ensure national standards are consistent with EU ones.

► Law no. 9518 of 18 April 2006 on the protection of minors from alcohol use included measures to raise awareness among young people about alcohol-related problems.

► Law no. 9836 of 28 January 2008 created a National Food Authority.

► Law no. 9928 of 9 June 2008 established free stomatological care for children up to the age of 18.

Thematic Group 3 “Labour rights”

► Article 151§2 of the Labour Code sets an obligation of three-month notice for termination of fixed-term contracts between three and five years.

► Article 181 of the Labour Code provides for the protection of the trade union representatives and Article 202 provides for sanctions in case of violation of the rights provided for in Article 181.

Thematic Group 4 “Children, families, migrants”

►Law no. 9034 of 20 March 2003 on the Emigration of the Albanian Citizens for Employment Purposes punishes the spreading of false and unlawful information made for profitable purposes in the field of emigration.

► Article 108 of the Labour Code and the Decision of the Council of Ministers no. 397 of 20 May 1996 provide that pregnant women and breastfeeding mothers may not be obliged to start work before 5.00 am (in summer, 6.00 in winter) or work after 8.00 pm.

Cases of non-compliance

Thematic Group 1 “Employment, training and equal opportunities”

► Article 24 – Right to protection in case of dismissal
The compensation for unlawful termination of employment is subject to a maximum of one year’s wages.
(Conclusions 2008)

Thematic Group 2 “Health, social security and social protection”

► Article 3§1 – Right to safe and healthy working conditions - Safety and health regulations
There is no clearly defined policy on occupational health and safety.
(Conclusions 2009)

► Article 3§2 – Right to safe and healthy working conditions - Enforcement of safety and health regulations
The self employed are not covered by health and safety at work legislation.
(Conclusions 2009)

► Article 3§3 – Right to safe and healthy working conditions - Consultation with employers’ and workers’ organisations on safety and health issues
There is no efficient labour inspection system.
(Conclusions 2009)

► Article11§1 – Right to protection of health - Removal of the causes of ill-health
It has not been demonstrated that adequate measures have been taken to reduce the maternal mortality rate.
(Conclusions 2009)

► Article 11§2 - Right to protection of health - Advisory and educational facilities
- it has not been demonstrated that other health issues than creating an environment conducive to promoting health are addressed at schools;
- it has not been demonstrated that pregnant women are entitled to free consultations and screenings; and
- it has not been demonstrated that medical examinations at schools are of sufficient frequency, the proportion of pupils covered is sufficient and that screening is free.
(Conclusions 2009)

Thematic Group 3 “Labour rights”

► Article 2§1 – Right to just conditions of work – Reasonable working time
Regulations permit weekly working time of more than 60 hours in various sectors of activity.
(Conclusions 2010)

► Article 2§2 – Right to just conditions of work – Public holiday with pay
Work performed on a public holiday is not compensated at a sufficiently high level.
(Conclusions 2010)

► Article 2§3 – Right to just conditions of work - Annual holiday with pay
Employees may relinquish annual leave in return for increased remuneration.
(Conclusions 2010)

► Article 2§4 –– Right to just conditions of work - Elimination of risks in dangerous or unhealthy occupations
There is no prevention policy for the risks in inherently dangerous or unhealthy occupations.
Workers exposed to residual risks to health and safety cannot benefit from reduced working hours or additional paid holidays, or other sufficient compensation.
(Conclusions 2010)

► Article 2§5 – Right to just conditions of work – Weekly rest period
This provision does not apply to the great majority of the workers concerned.
(Conclusions 2010)

► Article 4§1 – Right to a fair remuneration – Decent remuneration
The minimum net wage is manifestly unfair.
(Conclusions 2010)

►Article 4§4 – Right to a fair remuneration - Reasonable notice of termination of employment
Five days' notice is insufficient for workers with fewer than three months' service, even in the probationary period.
In the case of written agreement or a collective agreement, one month is not a sufficient period of notice for workers with five or more years’ service.
(Conclusions 2010)

► Article 4§5 – Right to a fair remuneration - Limits to deduction from wages
It has not been established that deductions from wages will not deprive workers and their dependents of their very means of subsistence.
(Conclusions 2010)

► Article 5 – Right to organise
Police personnel do not enjoy the right to form trade unions.
It has not been established that the prohibition from enjoying the right to form a trade union was not applied to an excessively high proportion of senior civil servants.
(Conclusions 2010)

► Article 6§1 – Right to bargain collectively - Joint consultation
It has not been established that refusals of the representative status to trade unions are subject to judicial review.
It has not been established that consultation also takes place in the public sector.
(Conclusions 2010)

► Article 6§2 – Right to bargain collectively - Negotiation procedures
It has not been established that civil servants are entitled to participate in the processes that result in the determination of the regulations applicable to them.
(Conclusions 2010)

► Article 6§3 – Right to bargain collectively - Conciliation and arbitration
The circumstances in which recourse to compulsory arbitration is authorised go beyond the limits set out in Article G of the Revised Charter.
(Conclusions 2010)

► Article 6§4 – Right to bargain collectively - Collective action
- Civil servants are denied the right to strike;
- Employees in electricity and water supply services are denied the right to strike.
(Conclusions 2010)

► Article 22 – Right of workers to take part in the determination and improvement of working conditions and working environment
Employees are not granted an effective right to participate in the decision-making process within the undertaking.
(Conclusions 2010)

► Article 26§2 - Right to dignity in the workplace – moral harassment
It has not been established that effective protection of employees against any form of moral harassment is in place.
(Conclusions 2010)

► Article 28 - Right of workers' representatives to protection in the undertaking and facilities to be accorded to them
Union representatives are protected against dismissal during the performance of their functions only until their mandate expires.
(Conclusions 2010)

Thematic Group 4 “Children, families, migrants”

► Article 7§1 - Right of children and young persons to protection- Prohibition of employment under the age of 15
the definition of light work authorised by legislation is not sufficiently precise as there is no definition of the types of work which may be considered light or a list of those which are not, and the prohibition of employment under the age of 15 is not guaranteed in practice.
(Conclusions 2011)

► Article 7§2 - Right of children and young persons to protection - Prohibition of employment under the age of 18 for dangerous or unhealthy activities
The prohibition of employment under the age of 18 for dangerous or unhealthy activities is not guaranteed in practice.
(Conclusions 2011)

► Article 7§3 - Right of children and young persons to protection - Prohibition of employment of children subject to compulsory education
The effective protection against work which would deprive children subject to compulsory schooling of the full benefit of their education is not guaranteed in practice.
(Conclusions 2011)

► Article 7§6- Right of children and young persons to protection - Inclusion of time spent on vocational training in the normal working time
It has not been established that the right to have time spent on vocational training considered to be working time and remunerated as such is guaranteed in practice.
(Conclusions 2011)

► Article 7§7 –- Right of children and young persons to protection - Paid annual holidays
It has not been established that young workers do not relinquish annual leave in return for increased remuneration.
(Conclusions 2011)

► Article 7§10 – Right of children and young persons to protection - Special protection against physical and moral dangers

- simple possession of child pornography is not a criminal offence;
- measures taken to combat trafficking in children are not sufficient;
- measures taken to assist and protect street children are not sufficient.

(Conclusions 2011)

The European Committee of Social Rights has been unable to assess compliance with the following rights and has invited the Albanian Government to provide more information in the next report in respect of the following provisions:

Thematic Group 1 “Employment, training and equal opportunities”
(Report to be submitted by 31/10/2011)

Article 1§§1, 2, 3 and 4 – Conclusions 2008
Article 20 – Conclusions 2008
Article 25 – Conclusions 2008

Thematic Group 2 “Health, social security and social protection”
(Report to be submitted by 31/10/2012)

Article 3§4 – Conclusions 2009
Article 11§3 – Conclusions 2009

Thematic Group 3 “Labour rights”
(Report to be submitted by 31/10/2013)

Article 2§7– Conclusions 2010
Article 21 – Conclusions 2010

Thematic Group 4 “Children, families, migrants”
(Report to be submitted on 01/11/2014)

Article 7§9 – Conclusions 2011
Article 8§5 – Conclusions 2011
Article 19§3, 4, 6, 8, 10 and 12 – Conclusions 2011