Workers with Family Responsibilities Convention, 1981 (No. 156) - Albania (Ratification: 2007)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. National policy. The Committee takes note of the adoption of the National Strategy for Gender Equality 2021–30 (NSGE 2021–30) that aims inter alia at the economic empowerment of women and promotion of their economic independence (strategic goal I), through a series of strategic objectives that are: (1) the implementation of improved legal framework and policies that enable an equal division of unpaid domestic work and care between women and men, young women and young men, and girls and boys (strategic objective 1.1); (2) improved access of women, young women, and girls in all their diversity to financial services and products and productive resources (strategic objective 1.2); (3) the reduction of barriers keeping women, young women, and girls away from the labor market; and (4) the improvement of access to decent work, including non-traditional for women, young women and girls in all their diversity (strategic objective 1.3). The Committee requests the Government to provide information on the measures adopted or envisaged, in the context of the National Strategy for Gender Equality 2021-2030, to achieve these strategic goals, and more generally, to support workers with family responsibilities to engage in employment without being subject to discrimination. The Committee also requests information on the results of these measures and their concrete impact on the access to employment of workers with family responsibilities.

Work organization. The Committee notes that the measures planed for under the strategic objective 1.1. of the NSGE 2021–30 on the equal division of unpaid domestic work, include the review of the legal framework and policies related to paid leave and flexibles working arrangements (measure 1.1.2.a), an online meeting to launch the findings of this review (measure 1.1.2.b), and the development of draft proposals for legislation or policies (measures 1.1.2.c-e). It however notes that the report of the Government does not provide information on the application, in practice, of the new parental leave entitlements provided for in the Labour Code to strengthen the protection of part-time and teleworking workers (sections 15 and 16). The Committee therefore asks the Government to provide information on whether proposals for a new legal and policy framework were developed. It also reiterates its requests for information on the application in practice of the legislation on parental leave, as well as on recourse to flexible work arrangements of part time, homeworking and teleworking, such as statistical date disaggregated by sex, on the number of workers with family responsibilities exercising such leave and working arrangement options.

Article 5. Childcare and family services and facilities. The Committee takes note of the adoption of the Law No. 121/2016 on social care services in the Republic of Albania, that requires from local governments that they prepare social plans based on the needs of their communities. The Government indicates that 87 per cent of the municipalities (58 of the 61 municipalities in the country), have formulated and adopted a local social plan, and that a total of 64 service centres have been established to provide social service care. The most supported groups were children, families, women and girls and the elderly. For families that include a person with disabilities, most municipalities cover the cost of transportation to receive therapeutic services in care centres, and the services often include a combination of day care services with the assistance of multidisciplinary teams directly to families. The Committee also notes the indication by the Government that mobile services were established in addition to the social centres to reach rural areas. While taking note of these measures, the Committee requests the Government to provide information on the number of families who use childcare services, elderly care, and other types of social services. The Committee also requests the Government to continue to provide information on the measures adopted to consider the needs of workers with family responsibilities in community planning and develop community services.

Article 6. Information and education. The Committee notes the Government indication that: (1) a number of awareness raising campaigns targeting employers and workers were conducted to inform them on the different forms of paid leave entitlements; and (2) it supported the development of family-friendly policies at the workplace. The Committee also notes that according to the NSGE 2021–30, the evaluation of the results of the National Strategy for Gender Equality and its Action Plan (2016–20) showed an increased participation of women in the labour market and a reduction of about 8 per cent in women’s unpaid work. In this regard, the Committee notes that strategic objective 1.1. of the NSGE 2021–30 on the equal division of unpaid domestic work, provides for the organization of 96 information activities on the importance of equal division of unpaid domestic work and care between men and women, over the course of four years. The Committee requests the Government to provide information on the impact of these educational sessions, in particular on the labour force participation rate of women. In addition, the Committee asks the Government to indicate if these sessions are also an opportunity to raise awareness on the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities.

Article 7. Vocational guidance and training. The Committee notes that the NSGE 2021–30 recognizes the importance of receiving education and training throughout life, and to be employed and receive continuous training to advance towards new occupations and challenging gender stereotypes and division of labour. The NSGE 2021–30 further provides for an increased access of women and girls in all their diversity to financial services and products and productive resources (specific objective 1.2) and to non-traditional jobs (in particular in science, technology, engineering, mathematics (STEM), etc.) (strategic objective 1.3). The Government informs the Committee of the adoption of the Law no. 15/2019 on the promotion of employment, establishing the National Agency for Employment and Skills, responsible for managing the employment programs and the vocational education and training activities. The Committee requests the Government to specify whether the activities conducted to implement the strategic objectives 1.2 and 1.3 of the National Strategy for Gender Equality 2021-2030 include activities aiming at providing access to vocational guidance and training designed to enable workers with family responsibilities to become and remain integrated into the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. The Committee also requests the Government to provide information on the activities of the National Agency for Employment Skills in this regard.

Article 8. Protection against dismissal. The Committee notes that the Government does not provide information on the implementation in practice of the legislation against discrimination in employment and occupation on the basis of family status (section 9 of the Labour Code and section 12 of the Law no. 10/221 on protection from discrimination). The Committee recalls the importance of effective and dissuasive penalties to ensure the effective application of the Convention, as well as of awareness raison on the right of workers with family responsibilities to engage in employment without discrimination (General Survey of 2023, paragraph 470). The Committee requests the Government to provide information on any relevant court decision involving the question of dismissal on the basis of family status, including information on the number of cases detected, as well as information on the outcome of these cases (nature of the sanctions imposed and amounts granted as compensation).

Article 11. Cooperation with workers and employers’ organizations. The Committee takes note of the Government’s indication that the National Labour Council will be convened soon to consult on issues related to the implementation of the Convention. The Committee recalls that employers’ and workers’ organizations have a key role to play in the implementation of the Convention. It further recalls the importance of the social partners reaching out agreement on the design, monitoring, implementation an evaluation of the measures adopted to give effect to the Convention with a view to ensuring its relevance, raising awareness of its existence, promoting its wider acceptance and ownership, and enhancing its effectiveness. To these ends, the Committee also encourages the Government to promote the increased presence and representation of women in social dialogue institutions (General Survey of 2023, paragraph 312). The Committee requests the Government to provide information on the manner in which the participation of employers’ and workers’ organizations is promoted to devise and apply measures designed to give effect to the Convention, including in the context of the implementation of the National Strategy for Gender Equality 2021–30 or any other relevant policy.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. National policy. Recalling its previous comment concerning the National Strategy for Gender Equality 2011–15, the Committee notes that although the goal of raising the labour force participation rate of women was not met, the legal framework was enhanced, employment and vocational training programmes for women had been developed and implemented and some social protection services were expanded. The Committee further notes with interest the adoption of the new National Strategy and Action Plan on Gender Equality 2016–20 which promotes the economic empowerment of women and men through, among other measures, the reduction of women’s unpaid domestic work by increasing access to and improving the quality of social services. Specific expected outcomes are: (i) reduction by 10 per cent of the unpaid work of women as a result of increased access to social services, such as nurseries, kindergartens, services for the elderly (especially older women), services for women and children with disabilities; services for Roma and Egyptian women, and women from the marginalized groups; and (ii) evaluation of services provided by local government units under their new powers and functions under the Administrative–Territorial Reform.The Committee asks the Government to provide information on the steps taken to implement the National Strategy and Action Plan on Gender Equality 2016–20 concerning the reduction of unpaid domestic work, provision of social services and all other measures taken to enhance the economic empowerment of women and men through assisting them in reconciling employment and family responsibilities. Noting the Government’s indication that the provisions of Act No. 93/2014 on the Inclusion and Accessibility of Persons with Disabilities, which provide for assistance services for persons with disabilities will benefit members of the family who usually care for them, the Committee asks the Government to provide information on how the implementation of this law has served to assist persons caring for persons with disabilities to enter or re-enter the labour market or retain their employment.

Article 4. Leave entitlements. The Committee notes with interest the adoption of Act No. 136 of 12 May 2015, which amends section 132(1) of the Labour Code on parental leave to provide employees (both men and women) who have one year of continuous employment under the same employer with unpaid parental leave of not less than four months until the dependent child reaches the age of six years. It also notes with interest the amendment to section 132(2) extending adoption leave to both parents. The Committee also takes note of the improvements made in the social security law in particular concerning maternity leave and benefits and will address those matters in its comments under the Maternity Protection Convention, 2000 (No. 183).

Work organization. The Committee notes that Act No. 136 also amends sections 14 and 15 of the Labour Code to strengthen protection of part-time work and to permit and strengthen protection of teleworking work in addition to work from home arrangements.The Committee asks the Government to provide information on the application in practice of the new parental leave provisions, as well as on recourse to flexible work arrangements of part time, homeworking and teleworking including statistical data, disaggregated by sex, of the number of women and men with family responsibilities exercising these leave and working arrangement options. It also asks the Government to indicate measures taken regarding leave or other arrangements to facilitate workers with care responsibilities for other members of their family.

Article 5. Childcare and family services and facilities. The Committee notes from the information provided by the Government that, since 2015, community and family services to provide home care and transport service for family members, including children with disabilities and the elderly depending on others, have become more frequent. A draft law on social care to regulate the delivery of social services to vulnerable categories (children, people with disabilities, youth, women and girls in need, and the elderly) is also under way. It further notes the information on the child protection services aimed at children and their families, which include among other services, economic assistance to the family, caregiving and registration in educational institutions. It notes in particular the programmes that target the street children and their families, provide services to children and refer parents to vocational schools and employment offices, with the result of some finding employment.The Committee asks the Government to continue to provide information on the measures taken and their impact in establishing and increasing access to adequate and sufficient public and private childcare and other care services in both rural and urban areas. It also asks the Government to provide information on the adoption of the draft law on social care and on how the situation of workers with family responsibilities and the requirements of this Convention were taken into account in its drafting. It also asks the Government to indicate any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning.

Article 6. Information and education. The Committee notes the information provided on the activities of the Commissioner for Protection from Discrimination concerning publications, training and awareness raising on protection from non-discrimination. It further notes that under the National Strategy and Action Plan on Gender Equality 2016–20, awareness raising on gender roles and responsibilities is to be undertaken. It also notes from the “National Employment and Skills Strategy 2014–20: Higher skills and better jobs for all women and men”, that women carry out 86 per cent of unpaid work in Albania and are almost entirely responsible for domestic duties (96 per cent), and that working women have fewer young children and smaller households then non- working women.The Committee hopes the Government will address the subject of reconciling family and work responsibilities within the activities to promote a broader understanding of the principle of non-discrimination, and asks the Government to continue to report on such awareness raising and educational activities, and their impact.

Article 7. Vocational guidance and training. The Committee notes that the “National Employment and Skills Strategy 2014–20: Higher skills and better jobs for all women and men”, recognizes that women’s unpaid care work within the household (including care for children and the elderly) negatively affects women’s labour force participation, and thus, the need for support services and the creation of conditions which offer households and women the possibility of more balanced and efficient intra-household time allocation between paid and unpaid work. The Strategy further recognizes that economic and social policy responses supporting the reconciliation of work and family life in turn would have a large impact on women’s employment outcomes, their economic empowerment, and Albania’s economy at large. The Committee notes that an output of the Action Plan supporting the National Employment and Skills Strategy is: increased access to training and the labour market for women by supporting measures and initiatives that aim at reconciling work and family life including in the rural areas. The Committee also notes the information provided on unemployed orientation, counselling and vocational training services for the unemployed who come from disadvantaged groups which includes those with family responsibilities.The Committee asks the Government to provide information on the steps taken to facilitate the reconciliation of work and family responsibilities in the context of the implementation of the National Employment and Skills Strategy and Action Plan and on all other measures taken to facilitate those with family responsibilities accessing vocational and skill training programmes.

Article 8. Protection against dismissal. The Committee notes that section 146(1)(c) of the Labour Code has been amended by Act No. 136 to protect employees against the termination of their contract if it violates the prohibition of discrimination as provided for in the Code and in the special Law on the Protection from Discrimination and that the prohibition of discrimination under section 9 of the Labour Code has been strengthened.The Committee asks the Government to continue to provide information on the practical application of section 17(2) of the Law on Gender Equality in Society and sections 107(a) and 146 of the Labour Code, including relevant administrative or judicial decisions concerning dismissal on the ground of family responsibilities.

Article 11. Cooperation with workers and employers organizations. The Committee welcomes the work undertaken by the tripartite working groups, established by the Ministry of Labour, to review the Labour Code, in particular the provisions dealing with gender equality in order to transpose the ILO Conventions and the relevant EU Directives and to recommend amendments which were approved by the National Labour Council. The Committee notes that some of the amendments serve to strengthen the application of this Convention in the provisions of the Labour Code.The Committee asks the Government to continue to provide information regarding the activities and results of cooperation with the employers’ and workers’ organizations in the implementation of the Convention.

Enforcement and practical application.The Committee asks the Government to continue to provide the requested information in accordance with Parts III–V of the report form.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. National policy. Recalling its previous comment concerning the National Strategy for Gender Equality 2011–15, the Committee notes that although the goal of raising the labour force participation rate of women was not met, the legal framework was enhanced, employment and vocational training programmes for women had been developed and implemented and some social protection services were expanded. The Committee further notes with interest the adoption of the new National Strategy and Action Plan on Gender Equality 2016–20 which promotes the economic empowerment of women and men through, among other measures, the reduction of women’s unpaid domestic work by increasing access to and improving the quality of social services. Specific expected outcomes are: (i) reduction by 10 per cent of the unpaid work of women as a result of increased access to social services, such as nurseries, kindergartens, services for the elderly (especially older women), services for women and children with disabilities; services for Roma and Egyptian women, and women from the marginalized groups; and (ii) evaluation of services provided by local government units under their new powers and functions under the Administrative–Territorial Reform. The Committee asks the Government to provide information on the steps taken to implement the National Strategy and Action Plan on Gender Equality 2016–20 concerning the reduction of unpaid domestic work, provision of social services and all other measures taken to enhance the economic empowerment of women and men through assisting them in reconciling employment and family responsibilities. Noting the Government’s indication that the provisions of Act No. 93/2014 on the Inclusion and Accessibility of Persons with Disabilities, which provide for assistance services for persons with disabilities will benefit members of the family who usually care for them, the Committee asks the Government to provide information on how the implementation of this law has served to assist persons caring for persons with disabilities to enter or re-enter the labour market or retain their employment.

Article 4. Leave entitlements. The Committee notes with interest the adoption of Act No. 136 of 12 May 2015, which amends section 132(1) of the Labour Code on parental leave to provide employees (both men and women) who have one year of continuous employment under the same employer with unpaid parental leave of not less than four months until the dependent child reaches the age of six years. It also notes with interest the amendment to section 132(2) extending adoption leave to both parents. The Committee also takes note of the improvements made in the social security law in particular concerning maternity leave and benefits and will address those matters in its comments under the Maternity Protection Convention, 2000 (No. 183).

Work organization. The Committee notes that Act No. 136 also amends sections 14 and 15 of the Labour Code to strengthen protection of part-time work and to permit and strengthen protection of teleworking work in addition to work from home arrangements. The Committee asks the Government to provide information on the application in practice of the new parental leave provisions, as well as on recourse to flexible work arrangements of part time, homeworking and teleworking including statistical data, disaggregated by sex, of the number of women and men with family responsibilities exercising these leave and working arrangement options. It also asks the Government to indicate measures taken regarding leave or other arrangements to facilitate workers with care responsibilities for other members of their family.

Article 5. Childcare and family services and facilities. The Committee notes from the information provided by the Government that, since 2015, community and family services to provide home care and transport service for family members, including children with disabilities and the elderly depending on others, have become more frequent. A draft law on social care to regulate the delivery of social services to vulnerable categories (children, people with disabilities, youth, women and girls in need, and the elderly) is also under way. It further notes the information on the child protection services aimed at children and their families, which include among other services, economic assistance to the family, caregiving and registration in educational institutions. It notes in particular the programmes that target the street children and their families, provide services to children and refer parents to vocational schools and employment offices, with the result of some finding employment. The Committee asks the Government to continue to provide information on the measures taken and their impact in establishing and increasing access to adequate and sufficient public and private childcare and other care services in both rural and urban areas. It also asks the Government to provide information on the adoption of the draft law on social care and on how the situation of workers with family responsibilities and the requirements of this Convention were taken into account in its drafting. It also asks the Government to indicate any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning.

Article 6. Information and education. The Committee notes the information provided on the activities of the Commissioner for Protection from Discrimination concerning publications, training and awareness raising on protection from non-discrimination. It further notes that under the National Strategy and Action Plan on Gender Equality 2016–20, awareness raising on gender roles and responsibilities is to be undertaken. It also notes from the “National Employment and Skills Strategy 2014–20: Higher skills and better jobs for all women and men”, that women carry out 86 per cent of unpaid work in Albania and are almost entirely responsible for domestic duties (96 per cent), and that working women have fewer young children and smaller households then non- working women. The Committee hopes the Government will address the subject of reconciling family and work responsibilities within the activities to promote a broader understanding of the principle of non-discrimination, and asks the Government to continue to report on such awareness raising and educational activities, and their impact.

Article 7. Vocational guidance and training. The Committee notes that the “National Employment and Skills Strategy 2014–20: Higher skills and better jobs for all women and men”, recognizes that women’s unpaid care work within the household (including care for children and the elderly) negatively affects women’s labour force participation, and thus, the need for support services and the creation of conditions which offer households and women the possibility of more balanced and efficient intra-household time allocation between paid and unpaid work. The Strategy further recognizes that economic and social policy responses supporting the reconciliation of work and family life in turn would have a large impact on women’s employment outcomes, their economic empowerment, and Albania’s economy at large. The Committee notes that an output of the Action Plan supporting the National Employment and Skills Strategy is: increased access to training and the labour market for women by supporting measures and initiatives that aim at reconciling work and family life including in the rural areas. The Committee also notes the information provided on unemployed orientation, counselling and vocational training services for the unemployed who come from disadvantaged groups which includes those with family responsibilities. The Committee asks the Government to provide information on the steps taken to facilitate the reconciliation of work and family responsibilities in the context of the implementation of the National Employment and Skills Strategy and Action Plan and on all other measures taken to facilitate those with family responsibilities accessing vocational and skill training programmes.

Article 8. Protection against dismissal. The Committee notes that section 146(1)(c) of the Labour Code has been amended by Act No. 136 to protect employees against the termination of their contract if it violates the prohibition of discrimination as provided for in the Code and in the special Law on the Protection from Discrimination and that the prohibition of discrimination under section 9 of the Labour Code has been strengthened. The Committee asks the Government to continue to provide information on the practical application of section 17(2) of the Law on Gender Equality in Society and sections 107(a) and 146 of the Labour Code, including relevant administrative or judicial decisions concerning dismissal on the ground of family responsibilities.

Article 11. Cooperation with workers and employers organizations. The Committee welcomes the work undertaken by the tripartite working groups, established by the Ministry of Labour, to review the Labour Code, in particular the provisions dealing with gender equality in order to transpose the ILO Conventions and the relevant EU Directives and to recommend amendments which were approved by the National Labour Council. The Committee notes that some of the amendments serve to strengthen the application of this Convention in the provisions of the Labour Code. The Committee asks the Government to continue to provide information regarding the activities and results of cooperation with the employers’ and workers’ organizations in the implementation of the Convention.

Enforcement and practical application. The Committee asks the Government to continue to provide the requested information in accordance with Parts III–V of the report form.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Other members of the immediate family. The Committee recalls that section 9(b) of the Law on Gender Equality in Society refers to “disabled members of the family, due to their age, physical and mental disabilities or other causes of disability” in the context of special measures for workers with family responsibilities. It notes the Government’s indication that care services which are provided for persons with disabilities also benefit caretakers. The Committee asks the Government to provide information on the measures taken or envisaged to promote the application of the provisions of the Convention, including its application to “other members of their immediate family who clearly need their care or support”, including information on the practical application of section 9(b) of the Law on Gender Equality in Society.

Article 3. National policy. The Committee recalls that sections 1, 12 and 17 of the Law on Protection from Discrimination of 2010 prohibit discrimination in employment and education on a wide range of grounds including gender, pregnancy, parentage, parental responsibility, family or marital condition. The Committee notes that the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, and the Action Plan for its implementation were adopted in June 2011. It also notes the Government’s indication that activities to be undertaken during 2012–15 under this Action Plan include: (i) drafting policies for flexible working time, shortened working week, work sharing, and working from home, as well as awareness-raising activities; (ii) enhancing the availability by increased investments in the network of pre-school institutions; (iii) developing part-time employment policies for economically disadvantaged women; and (iv) drafting wage subsidy programmes for certain categories of women, including women who are heads of households. The Committee asks the Government to provide information on the legal and practical measures taken to implement sections 1, 12 and 17 of the Law on Protection from Discrimination. Please also provide information on the specific measures taken or envisaged under the National Strategy on Gender Equality and Domestic Violence 2011–15 and the Action Plan, with a view to enabling men and women with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities.

Article 4. Leave entitlements. The Committee recalls the legislative provisions concerning leave entitlements (maternity leave, adoption leave and leave for taking care of dependent children), part-time work and work at home which would enable workers with family responsibilities to reconcile work and family. The Committee notes the Government’s indication concerning survivor pension benefits pursuant to the Law on Social Insurance of 1993. The Government also indicates that amending the Labour Code and the social security legislation to include a right to parental leave for a newly born child both for men and women has become an objective under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15. The Committee asks the Government to provide information on the following:

• (i)the practical application of leave for taking care for dependent children, working part time or at home, including statistical data, disaggregated by sex, on the number of men and women with family responsibilities exercising these options;
• (ii) measures regarding leave arrangements for other members of the immediate family who clearly need care or support; and
• (iii) any measures taken or envisaged in the area of social security.

Recalling that adoption leave is only granted to adopting mothers, the Committee asks the Government to examine the possibility of extending adoption leave to both adoptive parents. It also asks the Government to provide information on the progress made in amending the Labour Code and the Law on Social Insurance, so as to also allow the father of a newborn child to benefit from social insurance benefits.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that social care institutions for children with disabilities started to provide home-based services in Vlora, Shlodra and Tirana. It also notes the Government’s indication that pursuant to Law No. 10399 of 17 March 2011 amending Law No. 9355 of 2005 on social assistance and social services, local governments are encouraged to take initiatives for establishing social services by using 3 per cent of the social protection fund provided by the state budget. The Committee asks the Government to provide information on the measures taken to establish adequate and sufficient public and private childcare services in urban and rural areas, with an indication of the number of children and workers with family responsibilities that have benefited from these services. The Committee also asks the Government to provide information on the number and nature of family services and facilities other than childcare to assist workers in reconciling their work and family responsibilities with respect to dependents other than children. The Committee further asks the Government to supply information on any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning, in accordance with Article 5(a) of the Convention.

Article 6. Information and education. The Committee notes the Government’s indication that training sessions on gender equality continued during 2009–11, targeting central and local government officials, education staff and legal professionals, among others. The Government also indicates that under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, awareness-raising campaigns on the issues covered by the Convention, with the cooperation of the social partners, are also planned. The Committee requests the Government to continue to provide information on the measures taken to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women and of the problems encountered by workers with family responsibilities, and on the impact of these activities on public opinion.

Article 7. Vocational guidance and training. The Committee notes that the Government’s report does not contain information on vocational guidance and training specifically targeted at enabling workers with family responsibilities to become and remain integrated in, as well as to re-enter, the labour market. The Committee asks the Government to take steps to provide information on measures taken to enable workers with family responsibilities to participate in vocational guidance and training. It also asks the Government to collect and provide statistical information on the number of male and female workers with family responsibilities participating in the vocational guidance and training programmes offered.

Article 8. Protection against dismissal. The Committee recalls that section 17(2) of the Law on Gender Equality in Society prohibits discrimination against a candidate in the job selection process or dismissal of an employee from work because of maternity, potential pregnancy in the future, pregnancy, parental responsibilities, civil status, or family responsibilities. It also recalls that section 107(a) of the Labour Code prohibits termination of employment in the period during which a woman benefits from social insurance because of giving birth to a child or adoption, and that pursuant to section 146(1)(c) of the Labour Code, the termination of an employment contract for motives that relate to civil status, family obligations and pregnancy is considered unjustified dismissal. The Committee notes the Government’s indication that there have been no cases of termination on the ground of family responsibilities. The Committee asks the Government to continue to provide information on the practical application of section 17(2) of the Law on Gender Equality in Society and sections 107(a) and 146(1)(c) of the Labour Code, including relevant administrative or judicial decisions concerning dismissal on the ground of family responsibilities, and their outcome.

Article 11. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government repeats that workers’ and employers’ organizations exercise their right to participate in defining and implementing measures giving effect to the Convention through their participation in discussions in the process of drafting legislation and policies concerning gender equality. The Committee asks the Government to provide specific information on the manner in which employers’ and workers’ organizations participate in developing and applying specific measures designed to give effect to the provisions of the Convention.

Parts III, IV and V of the report form. The Committee recalls that the State Labour Inspectorate shall ensure the implementation of the relevant legislation, and that the Commissioner for Protection from Discrimination is entrusted with monitoring the implementation of the Law on Protection from Discrimination. It also recalls that the National Council on Gender Equality and the Ministry of Labour, Social Affairs and Equal Opportunities are responsible for implementing the legislation and state policies on gender equality. The Committee asks the Government to gather and supply information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, including the following:

• (i) extracts from reports, studies or inquiries relevant to the matters covered by the Convention;
• (ii) statistics on workers with family responsibilities in employment;
• (iii) the manner in which the Ministry of Labour, Social Affairs and Equal Opportunities, the National Council of Gender Equality and the Commissioner on the Protection from Discrimination ensure or supervise the application of the measures aimed at giving effect to the Convention, through labour inspection, advisory services or otherwise; and
• (iv) relevant judicial or administrative decisions involving questions of principle regarding the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the adoption of the Law for the Protection of the Rights of the Child in 2010. The Committee asks the Government to provide information on the application of this Law as it relates to the Convention.

The Committee notes however that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the observations of the Confederation of Trade Unions of Albania (KSSH) of 26 August 2009. The Committee requests the Government to provide additional information on the following points.

Article 1 of the Convention. Definitions. ... The Committee notes the legal provisions, including Law No. 9355 of 2005 on social assistance which defines “family” and which according to the Government may help defining “other members of their immediate family who clearly need their care or support”. While taking note of this information, the Committee would nevertheless be grateful if the Government could specify more clearly how the Convention is applied to “other members of their immediate family who clearly need their care or support”. Considering that the National Labour Council discusses gender equality issues, the Committee requests the Government to provide information on the measures taken or considered by the Council to promote the application of the provisions of the Convention, including giving a definition of “other members of their immediate family who clearly need their care or support”, for the purpose of the Convention.

Articles 2 and 9. Scope and means of application. The Committee notes the Government’s statement that the Convention applies to all branches of the economy and all categories of workers. The Committee also notes the comments made by the KSSH regarding efforts made by the unions to insert provisions in collective agreements regarding protection of women workers, including pregnant women and breastfeeding mothers, with respect to working time and rest, and social benefits in the case of childbirth and adoption. The Committee requests the Government to continue to provide information regarding the application through laws and regulations, collective agreements, and court decisions of the measures provided for in the Convention to all branches and all categories of workers. Please provide copies of relevant texts of legislation, collective agreements, including those referred to by KSSH, and court decisions.

Article 3. National policy. The Committee notes the provisions in the Constitution and the Labour Code regarding the prohibition of discrimination for reasons based on sex. It also notes that pursuant to article 49(1) of the Constitution “everyone is free to choose the profession, the workplace, and its system of professional qualification”. The Committee notes with interest that sections 1, 12 and 17 of Law No. 10221 of 2010 on Protection from Discrimination, prohibits discrimination in employment and education on a wide range of grounds including gender, pregnancy, parentage, parental responsibility, family or marital condition. Article 14(b) of the Law requires the Council of Ministers, the Minister of Labour, Social Issues and Equal Opportunities and the Interior Minister to take positive measures in order to fight discrimination in connection with the right to employment, including special and temporary policies, on the basis of the characteristics mentioned in section 1, for the purpose of encouraging equality. Furthermore, Law No. 9970 of 2008 on Gender Equality in Society aims to ensure effective protection from gender discrimination and to define measures guaranteeing equal opportunities between men and women (section 2(a) and (b)). Section 9 of the Law provides that “there shall be no gender discrimination involved when the State takes special measures, which aim at: (a) providing special protection to women during their pregnancy and childbirth, young mothers, as well as young parents, as a result of their natural childbirth or adoption of a child, creating conditions for their protection and comfort at work; social insurance and social aid; ensuring the necessary health-care assistance to mother and child; ensuring and encouraging the social services system, favouring the development of a network of day nurseries and kindergartens; and (b) facilitating and assisting persons who have special responsibilities in their families due to their daily care for disabled members of the family, due to their age, physical and mental disabilities or other causes of disability”. The Committee further notes that a National Strategy on Gender Equality and Domestic Violence, and its accompanying Action Plan, 2007–10 was adopted in 2007. The Committee asks the Government to provide additional information on the legal and practical measures taken, including special temporary measures, to implement the abovementioned provisions with a view to enabling men and women with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities. Please also provide information on the specific measures taken or envisaged under the National Strategy on Gender Equality and Domestic Violence and the Action Plan 2007–10, to give effect to the principle of the Convention.

Article 4(a). Right to free choice of employment. The Committee notes from the Government’s report that pursuant to Law No. 7995 of 1995 on the Promotion of Employment a number of employment programmes are being implemented and a National Strategy of Employment and Professional Training 2007–13 has been adopted; none of these, however, specifically target workers with family responsibilities. It further notes sections 14–15 of the Labour Code concerning part-time work and work at home. Section 89 provides that the employer shall take account of the personal and family conditions of an employee when requesting additional hours of work. The Committee recalls that pursuant to section 14(b) of the Law on Protection from Discrimination 2010 and section 9 of the Law on Gender Equality in Society 2008, special temporary measures can be taken for the purpose of encouraging equality. The Committee requests the Government to provide information on the following:

• (i) any special temporary measures taken or envisaged with a view to enabling workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise in practice their right to the free choice of employment in accordance with the requirement of Article 4(a) of the Convention;
• (ii) statistical data, disaggregated by sex, of the number of men and women with family responsibilities working part-time or at home;
• (iii) the measures taken to ensure that male and female workers with family responsibilities benefit from the National Strategy for Employment and Professional Training (2007–13), including employment programmes targeting special groups, and on the results achieved in this regard.

Article 4(b). Special leave arrangements. The Committee notes sections 104, 105 and 106 of the Labour Code regarding maternity and adoption leave for female employees, as well as section 27 of Law No. 7703 of 1993 on Social Insurance providing maternity benefits during a period of 365 calendar days. For women pregnant with more than one child, the benefit period is 390 calendar days. Mothers adopting a child of up to one year, and having not less than 12 months of insurance, shall receive maternity benefits up to a maximum of 330 days; there is no paternity leave or adoption leave for the natural or adoptive father. The Committee further notes that section 132(1) and (2) of the Labour Code provide that in the case of indispensable care for dependent children, the male or female employee is entitled to a leave of absence with full pay of 12 days a year; in the case of dependent children up to 3 years of age, the employee is entitled to paid leave up to 15 days in the case of a sick child; and can take additional leave of absence without pay a of maximum 30 days a year. The leave is given to the spouse who effectively looks after the child. If such is not the case, then the leave will be given to both the child’s mother and father on an alternating basis. The Committee asks the Government to continue to provide information on any measures taken or envisaged that take account of the specific needs of workers with family responsibilities in respect of their conditions of work, including measures regarding leave arrangements for other dependent members of the family that clearly need support or care. Noting the long period for maternity benefits granted to the mother and that adoption leave is only granted to adopting mothers, the Committee asks the Government to examine the possibility of extending adoption leave to both adoptive parents, and of allowing also the father of a newborn child to benefit from social insurance benefits provided by the Law on Social Insurance 1993. The Committee refers the Government to paragraphs 27–31 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which indicate the type of measures which could be taken in the area of social security, and asks the Government to provide information regarding any measures taken or envisaged in this regard.

Article 5. Community planning, child and family care services. The Committee notes from the Government’s report the measures taken to establish community services, including crèches and nursery schools. It notes that 43 community-based day services were created by 2008, including 20 services for children, benefiting 3,012 children, 7,405 women and families, and 6,175 elderly people. During the year 2008–09, 116 kindergartens were built and 63 other school facilities are in the process of being completed. Currently 63 per cent of the children of 5–6 years of age and 50 per cent of the children of 3–5 years of age are attending kindergarten. Specific efforts have also been made to address the need of children with disabilities and a number of policies and measures providing services for persons with disabilities have also been adopted. The Committee further notes from the Government’s report submitted to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) that state services for childcare are still missing in many urban and rural zones, and that private initiatives for childcare do not cover all the needs of communities (CEDAW/C/ALB/3, 19 December 2008, paragraph 271). The Committee asks the Government to continue to provide information on the measures taken to establish adequate and sufficient public and private childcare services in urban and rural areas, with an indication of the number of children and workers with family responsibilities that have benefited from these services. The Committee also requests the Government to provide information on the number and nature of family services other than childcare that exist to assist workers in reconciling their work and family responsibilities regarding dependants other than children. The Committee also requests the Government to supply information on any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning, in accordance with Article 5(a) of the Convention.

Article 6. Educational and information measures. The Committee notes from the Government’s report that awareness-raising activities on gender equality and women’s rights have been conducted by the Directorate of Equal Opportunities Policies, and that under the Action Plan and National Strategy on Gender Equality and Domestic Violence, training sessions are being envisaged on gender equality and the sharing of family responsibilities. Furthermore, training sessions on the application of the Law on Gender Equality in Society of 2008 in workplace relations will also be conducted. The Committee requests the Government to continue to provide information on the measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women and of the problems encountered by persons with family responsibilities who are employed, or who want to become employed, and on the impact of these activities on public opinion.

Article 7. Training. The Committee notes the Government’s statement that there are no special measures for workers with family responsibilities regarding providing vocational training and guidance. Measures taken pursuant to sections 5–7 (relating to programmes for vocational training, and job counselling and vocational guidance by employment services) of the Law on Promotion of Employment 1995 and pursuant to Law No. 8872 of 2002 on Education and Vocational Training are offered to all jobseekers and unemployed jobseekers without distinction. The Committee asks the Government to collect and provide statistical information on the number of male and female workers with family responsibilities participating in the employment and training programmes offered, and on any special measures that have been taken or are contemplated to enable workers with family responsibilities to engage in guidance or vocational training schemes. The Committee draws attention to Paragraphs 12–15 of Recommendation No. 165, which give examples of measures that may be taken.

Article 8. The Committee notes with interest that section 17(2) of the Law on Gender Equality in Society of 2008 prohibits discrimination against a candidate in the job selection process or dismissal of an employee from work because of maternity, potential pregnancy in the future, pregnancy, parental responsibilities, civil status, or family responsibilities. Section 107(a) of the Labour Code prohibits termination of employment in the period during which a woman benefits from income from social insurance because of child delivery or adoption. Pursuant to section 146(1)(c) of the Labour Code, the termination of an employment contract for motives that relate to pregnancy, marital status, family obligations is unjustified dismissal. The Committee requests the Government to provide information regarding the practical application of section 17(2) of the Law on Gender Equality in Society of 2008 and sections 107(a) and 146(1)(c) of the Labour Code, including relevant administrative or judicial decisions concerning dismissal on the basis of family responsibilities, and their outcome.

Article 10. The Committee notes that Albania has apparently not made use of the possibility to apply the Convention in stages, and notes the Government’s statement that the Convention shall be applied to all branches and all categories of workers.

Article 11. The Government states that workers’ and employers’ organizations exercise their right to participate in defining and implementing measures giving effect to the Convention through their participation in the National Labour Council, which has a Commission on Equal Opportunities. The Government indicates further that workers’ and employers’ organizations also provided comments on the Law on Gender Equality in Society of 2008 and the National Strategy on Gender Equality and Domestic Violence. The Committee asks the Government to provide additional information on the manner in which employers’ and workers’ organizations participate in developing and applying specific measures designed to give effect to the provisions of the Convention.

Parts III, IV and V of the report from. The Committee notes that the State Labour Inspectorate shall ensure the implementation of the relevant legislation. It notes the Government’s statement that there have not been any court decisions regarding the application of the Convention, which the Government considers is being applied in a satisfactory manner. The Committee notes that the Commissioner for Protection from Discrimination is entrusted with monitoring the implementation of the Law on Protection from Discrimination of 2010 and may make recommendations for legislative reform. The Commissioner has investigative powers and can impose administrative sanctions (section 32). The Committee notes further that the National Council of Gender Equality can hold joint sessions with the National Council of Labour to advise the Government in defining the direction of state policies. It can also evaluate the situation regarding gender equality in the country and make proposals for its improvement (section 12(1)(a) and (c) of the Law on Gender Equality in Society 2008). The Ministry of Labour, Social Affairs and Equal Opportunities (MLSAEO) is responsible for implementing the Law and state programmes on gender equality. The Committee asks the Government to gather and supply information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, including the following:

• (i) extracts from reports, studies or inquiries relevant to the matters covered by the Convention;
• (ii) statistics on workers with family responsibilities in employment;
• (iii) the manner in which MLSAEO, the National Council of Gender Equality and the Commissioner on the Protection from Discrimination ensure and/or supervise the application of the measures aimed at giving effect to the Convention, through labour inspection or advisory services, or otherwise; and
• (iv) relevant judicial or administrative decisions involving questions of principle regarding the application of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information in the Government’s first report. The Committee also notes the observations of the Confederation of Trade Unions of Albania (KSSH) of 26 August 2009. The Committee requests the Government to provide additional information on the following points.

Article 1 of the Convention. Definitions. The Committee notes that a bill on children’s rights is being drafted which will include a definition of “child”. The Committee notes the legal provisions, including Law No. 9355 of 2005 on social assistance which defines “family” and which according to the Government may help defining “other members of their immediate family who clearly need their care or support”. While taking note of this information, the Committee would nevertheless be grateful if the Government could specify more clearly how the Convention is applied to “other members of their immediate family who clearly need their care or support”. Considering that the National Labour Council discusses gender equality issues, the Committee requests the Government to provide information on the measures taken or considered by the Council to promote the application of the provisions of the Convention, including giving a definition of “other members of their immediate family who clearly need their care or support”, for the purpose of the Convention.

Articles 2 and 9. Scope and means of application. The Committee notes the Government’s statement that the Convention applies to all branches of the economy and all categories of workers. The Committee also notes the comments made by the KSSH regarding efforts made by the unions to insert provisions in collective agreements regarding protection of women workers, including pregnant women and breastfeeding mothers, with respect to working time and rest, and social benefits in the case of childbirth and adoption. The Committee requests the Government to continue to provide information regarding the application through laws and regulations, collective agreements, and court decisions of the measures provided for in the Convention to all branches and all categories of workers. Please provide copies of relevant texts of legislation, collective agreements, including those referred to by KSSH, and court decisions.

Article 3. National policy. The Committee notes the provisions in the Constitution and the Labour Code regarding the prohibition of discrimination for reasons based on sex. It also notes that pursuant to article 49(1) of the Constitution “everyone is free to choose the profession, the workplace, and its system of professional qualification”. The Committee notes with interest that sections 1, 12 and 17 of Law No. 10221 of 2010 on Protection from Discrimination, prohibits discrimination in employment and education on a wide range of grounds including gender, pregnancy, parentage, parental responsibility, family or marital condition. Article 14(b) of the Law requires the Council of Ministers, the Minister of Labour, Social Issues and Equal Opportunities and the Interior Minister to take positive measures in order to fight discrimination in connection with the right to employment, including special and temporary policies, on the basis of the characteristics mentioned in section 1, for the purpose of encouraging equality. Furthermore, Law No. 9970 of 2008 on Gender Equality in Society aims to ensure effective protection from gender discrimination and to define measures guaranteeing equal opportunities between men and women (section 2(a) and (b)). Section 9 of the Law provides that “there shall be no gender discrimination involved when the State takes special measures, which aim at: (a) providing special protection to women during their pregnancy and childbirth, young mothers, as well as young parents, as a result of their natural childbirth or adoption of a child, creating conditions for their protection and comfort at work; social insurance and social aid; ensuring the necessary health-care assistance to mother and child; ensuring and encouraging the social services system, favouring the development of a network of day nurseries and kindergartens; and (b) facilitating and assisting persons who have special responsibilities in their families due to their daily care for disabled members of the family, due to their age, physical and mental disabilities or other causes of disability”. The Committee further notes that a National Strategy on Gender Equality and Domestic Violence, and its accompanying Action Plan, 2007–10 was adopted in 2007. The Committee asks the Government to provide additional information on the legal and practical measures taken, including special temporary measures, to implement the abovementioned provisions with a view to enabling men and women with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities. Please also provide information on the specific measures taken or envisaged under the National Strategy on Gender Equality and Domestic Violence and the Action Plan 2007–10, to give effect to the principle of the Convention.

Article 4(a). Right to free choice of employment. The Committee notes from the Government’s report that pursuant to Law No. 7995 of 1995 on the Promotion of Employment a number of employment programmes are being implemented and a National Strategy of Employment and Professional Training 2007–13 has been adopted; none of these, however, specifically target workers with family responsibilities. It further notes sections 14–15 of the Labour Code concerning part-time work and work at home. Section 89 provides that the employer shall take account of the personal and family conditions of an employee when requesting additional hours of work. The Committee recalls that pursuant to section 14(b) of the Law on Protection from Discrimination 2010 and section 9 of the Law on Gender Equality in Society 2008, special temporary measures can be taken for the purpose of encouraging equality. The Committee requests the Government to provide information on the following:

(i)    any special temporary measures taken or envisaged with a view to enabling workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise in practice their right to the free choice of employment in accordance with the requirement of Article 4(a) of the Convention;

(ii)   statistical data, disaggregated by sex, of the number of men and women with family responsibilities working part-time or at home;

(iii)  the measures taken to ensure that male and female workers with family responsibilities benefit from the National Strategy for Employment and Professional Training (2007–13), including employment programmes targeting special groups, and on the results achieved in this regard.

Article 4(b). Special leave arrangements. The Committee notes sections 104, 105 and 106 of the Labour Code regarding maternity and adoption leave for female employees, as well as section 27 of Law No. 7703 of 1993 on Social Insurance providing maternity benefits during a period of 365 calendar days. For women pregnant with more than one child, the benefit period is 390 calendar days. Mothers adopting a child of up to one year, and having not less than 12 months of insurance, shall receive maternity benefits up to a maximum of 330 days; there is no paternity leave or adoption leave for the natural or adoptive father. The Committee further notes that section 132(1) and (2) of the Labour Code provide that in the case of indispensable care for dependent children, the male or female employee is entitled to a leave of absence with full pay of 12 days a year; in the case of dependent children up to 3 years of age, the employee is entitled to paid leave up to 15 days in the case of a sick child; and can take additional leave of absence without pay a of maximum 30 days a year. The leave is given to the spouse who effectively looks after the child. If such is not the case, then the leave will be given to both the child’s mother and father on an alternating basis. The Committee asks the Government to continue to provide information on any measures taken or envisaged that take account of the specific needs of workers with family responsibilities in respect of their conditions of work, including measures regarding leave arrangements for other dependent members of the family that clearly need support or care. Noting the long period for maternity benefits granted to the mother and that adoption leave is only granted to adopting mothers, the Committee asks the Government to examine the possibility of extending adoption leave to both adoptive parents, and of allowing also the father of a newborn child to benefit from social insurance benefits provided by the Law on Social Insurance 1993. The Committee refers the Government to paragraphs 27–31 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which indicate the type of measures which could be taken in the area of social security, and asks the Government to provide information regarding any measures taken or envisaged in this regard.

Article 5. Community planning, child and family care services. The Committee notes from the Government’s report the measures taken to establish community services, including crèches and nursery schools. It notes that 43 community-based day services were created by 2008, including 20 services for children, benefiting 3,012 children, 7,405 women and families, and 6,175 elderly people. During the year 2008–09, 116 kindergartens were built and 63 other school facilities are in the process of being completed. Currently 63 per cent of the children of 5–6 years of age and 50 per cent of the children of 3–5 years of age are attending kindergarten. Specific efforts have also been made to address the need of children with disabilities and a number of policies and measures providing services for persons with disabilities have also been adopted. The Committee further notes from the Government’s report submitted to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) that state services for childcare are still missing in many urban and rural zones, and that private initiatives for childcare do not cover all the needs of communities (CEDAW/C/ALB/3, 19 December 2008, paragraph 271). The Committee asks the Government to continue to provide information on the measures taken to establish adequate and sufficient public and private childcare services in urban and rural areas, with an indication of the number of children and workers with family responsibilities that have benefited from these services. The Committee also requests the Government to provide information on the number and nature of family services other than childcare that exist to assist workers in reconciling their work and family responsibilities regarding dependants other than children. The Committee also requests the Government to supply information on any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning, in accordance with Article 5(a) of the Convention.

Article 6. Educational and information measures. The Committee notes from the Government’s report that awareness-raising activities on gender equality and women’s rights have been conducted by the Directorate of Equal Opportunities Policies, and that under the Action Plan and National Strategy on Gender Equality and Domestic Violence, training sessions are being envisaged on gender equality and the sharing of family responsibilities. Furthermore, training sessions on the application of the Law on Gender Equality in Society of 2008 in workplace relations will also be conducted. The Committee requests the Government to continue to provide information on the measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women and of the problems encountered by persons with family responsibilities who are employed, or who want to become employed, and on the impact of these activities on public opinion.

Article 7. Training. The Committee notes the Government’s statement that there are no special measures for workers with family responsibilities regarding providing vocational training and guidance. Measures taken pursuant to sections 5–7 (relating to programmes for vocational training, and job counselling and vocational guidance by employment services) of the Law on Promotion of Employment 1995 and pursuant to Law No. 8872 of 2002 on Education and Vocational Training are offered to all jobseekers and unemployed jobseekers without distinction. The Committee asks the Government to collect and provide statistical information on the number of male and female workers with family responsibilities participating in the employment and training programmes offered, and on any special measures that have been taken or are contemplated to enable workers with family responsibilities to engage in guidance or vocational training schemes. The Committee draws attention to
Paragraphs 12–15 of Recommendation No. 165, which give examples of measures that may be taken.

Article 8. The Committee notes with interest that section 17(2) of the Law on Gender Equality in Society of 2008 prohibits discrimination against a candidate in the job selection process or dismissal of an employee from work because of maternity, potential pregnancy in the future, pregnancy, parental responsibilities, civil status, or family responsibilities. Section 107(a) of the Labour Code prohibits termination of employment in the period during which a woman benefits from income from social insurance because of child delivery or adoption. Pursuant to section 146(1)(c) of the Labour Code, the termination of an employment contract for motives that relate to pregnancy, marital status, family obligations is unjustified dismissal. The Committee requests the Government to provide information regarding the practical application of section 17(2) of the Law on Gender Equality in Society of 2008 and sections 107(a) and 146(1)(c) of the Labour Code, including relevant administrative or judicial decisions concerning dismissal on the basis of family responsibilities, and their outcome.

Article 10. The Committee notes that Albania has apparently not made use of the possibility to apply the Convention in stages, and notes the Government’s statement that the Convention shall be applied to all branches and all categories of workers.

Article 11. The Government states that workers’ and employers’ organizations exercise their right to participate in defining and implementing measures giving effect to the Convention through their participation in the National Labour Council, which has a Commission on Equal Opportunities. The Government indicates further that workers’ and employers’ organizations also provided comments on the Law on Gender Equality in Society of 2008 and the National Strategy on Gender Equality and Domestic Violence. The Committee asks the Government to provide additional information on the manner in which employers’ and workers’ organizations participate in developing and applying specific measures designed to give effect to the provisions of the Convention.

Parts III, IV and V of the report from. The Committee notes that the State Labour Inspectorate shall ensure the implementation of the relevant legislation. It notes the Government’s statement that there have not been any court decisions regarding the application of the Convention, which the Government considers is being applied in a satisfactory manner. The Committee notes that the Commissioner for Protection from Discrimination is entrusted with monitoring the implementation of the Law on Protection from Discrimination of 2010 and may make recommendations for legislative reform. The Commissioner has investigative powers and can impose administrative sanctions (section 32). The Committee notes further that the National Council of Gender Equality can hold joint sessions with the National Council of Labour to advise the Government in defining the direction of state policies. It can also evaluate the situation regarding gender equality in the country and make proposals for its improvement (section 12(1)(a) and (ç) of the Law on Gender Equality in Society 2008). The Ministry of Labour, Social Affairs and Equal Opportunities (MLSAEO) is responsible for implementing the Law and state programmes on gender equality. The Committee asks the Government to gather and supply information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, including the following:

(i)    extracts from reports, studies or inquiries relevant to the matters covered by the Convention;

(ii)   statistics on workers with family responsibilities in employment;

(iii)  the manner in which MLSAEO, the National Council of Gender Equality and the Commissioner on the Protection from Discrimination ensure and/or supervise the application of the measures aimed at giving effect to the Convention, through labour inspection or advisory services, or otherwise; and

(iv)  relevant judicial or administrative decisions involving questions of principle regarding the application of the Convention.