Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre la edad mínima, 1973 (núm. 138) - Albania (Ratificación : 1998)

Article 2(1) of the Convention. Scope of application. Self-employed children or children working in the informal sector. The Committee previously noted that section 3(1) of the Labour Code specifies that the Code is applicable to an employment contract, which is defined as an agreement regulating the work relations between employers and employees. It therefore observed that the Labour Code appeared to exclude children engaged in work outside of an employment agreement, such as self-employed children or those working in the informal sector.

The Committee notes the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that 13.3 per cent of children identified during labour inspections conducted by the State Labour Inspectorate did not have an individual work contract. It also notes the statement in the Government’s National Child Strategy of 2005 that child labour mostly occurs in the informal sector, in work such as street vending and windshield washing. The Committee further notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Albania of 28 and 30 April 2010, entitled “Internationally recognized core labour standards in Albania” (ITUC Report) that labour inspectors generally investigate only the formal labour sector, although most child labour occurs in informal economic activities. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is an employment contract or the work is carried out on a self-employed basis. The Committee therefore requests the Government to take the necessary measures to ensure that the protection afforded by the Convention is granted to children carrying out economic activities without an employment agreement, including self-employed children and children working in the informal economy, as soon as possible. In this regard, the Committee encourages the Government to take measures to adapt and strengthen the State Labour Inspectorate to improve the capacity of labour inspectors to identify cases of child labour in the informal sector.

Article 3(3). Authorization to work from the age of 16 years. Following its previous comments, the Committee notes with satisfaction that pursuant to section 100 of the Labour Code (as amended in 2003), only persons over 18 years of age may be employed to carry out difficult jobs or jobs that pose danger for their health or personality.

Article 6. Apprenticeship and vocational training. The Committee previously noted that, in accordance with section 98(2) of the Labour Code, young persons under the age of 14 years engaged in vocational training activities or orientation are subject to rules defined by decree. It also noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205 of 2002, minors under 14 years of age may be engaged in the vocational training system under authorization of the State Labour Inspectorate. The Committee requested the Government to provide information on the minimum age for entering an apprenticeship programme.

The Committee notes the Government’s statement that in technical schools, practical internships are part of the professional qualification programme. The Committee observes that, as minors under 14 years may be engaged in vocational training, it appears that these children may be authorized to undertake practical internships. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme, the Committee requests the Government to take the necessary measures to ensure that only persons from the age of 14 are permitted to undertake practical internships in enterprises.

Article 7(3). Determination of types of light work. Following its previous comments, the Committee notes that section 98(1) of the Labour Code (as amended in 2003) states that juveniles between the ages of 14–16 may be employed during their school holidays, provided that this employment does not harm their health and development. The Committee also notes the Government’s statement that no regulations have been issued pursuant to this section. In this regard, the Committee reminds the Government that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities which constitute light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to take the necessary measures to ensure the determination of the types of activities which constitute permissible school holiday work for persons between the ages of 14–16, in addition to number of hours during which and the conditions in which such employment may be undertaken. It requests the Government to provide information on the progress made in this regard, with its next report.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that a national survey on child labour was under preparation, and requested a copy of this national survey. The Committee notes the Government’s statement in its report submitted under Convention No. 182 that, in February 2010, implementation began of a national survey on child labour by INSTAT (the Government’s institute for statistics), in cooperation with ILO–IPEC. In this regard, the Committee notes the information in an ILO–IPEC Technical Progress Report for the project entitled “Upstream activities for the prevention and elimination of the worst forms of child labour in Central and Eastern Europe” of February 2010 that this survey will be completed by May 2011, and will include both quantitative and qualitative data on the labour market and child activities. The Committee also notes the information in the Government’s report that, during the reporting period, 7,123 enterprises were inspected and 503 working children under the age of 18 identified, 457 of whom were in the production sector. The Government also indicates that the State Labour Inspectorate fined six enterprises for violations of provisions in the Labour Code related to the employment of children.

Nonetheless, the Committee notes the statement in the ITUC Report that child labour is a severe and deep-rooted problem in Albania. The ITUC Report indicates a large number of children work in extremely hazardous occupations and under dangerous conditions in the following sectors: agriculture, construction, small shoe and clothing factories and the service sector. The ITUC Report also states that the majority of child labourers work as street or shop vendors, farmers or shepherds, textile factory workers, miners, shoeshine boys, in small trade and services, transport, or street construction, and that the Construction Workers’ Trade Union reports that 20 per cent of construction workers are less than 16 years of age. The ITUC Report further indicates that children working in these sectors are exposed to chemicals, carrying heavy loads, exhaustion owing to long working hours, injuries from tools, and denial of access to schooling and social activities necessary for proper growth and development. Lastly, the ITUC Report indicates that these children were employed both as permanent workers and as seasonal or day workers, and refers to figures from Education International estimating that 50,000 children work part time or full time in Albania. Therefore, while noting the efforts made by the Government to combat child labour, the Committee expresses its concern at reports of a large number of working children in the country, as well as the significant number of children engaged in hazardous occupations. The Committee accordingly requests the Government to strengthen its efforts to address the problem of child labour in the country, in continued collaboration with ILO–IPEC. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved. Lastly, the Committee requests the Government to provide information from the national survey on child labour, once completed, particularly on the number of working children under the minimum age of 16.