LABOUR RIGHTS INDEX 2022

Albania

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Albania’s overall score is 82.5 out of 100. The overall score for Albania is lower than the regional average observed across Eastern Europe (88). Within the Eastern European region, the highest score is observed for Greece (96).

Albania ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1957 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1957.

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§10, 176-180 & 187 Labour Code No. 7961/1995; §70 Foreigners Act (No. 108 of 2013); CEACR, C87, Obs. 2021

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§159-161, 166-175, 200 Labour Code No. 7961/1995; Decision of the Council of Ministers No. 1039 of 2013

Does the law provide for the right to strike?

No

0

"§197 Labour Code No. 7961/1995; §35 of the Act No. 152/2013 "

A

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1

§197/2 of the Labour Code No. 7961/1995

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation / ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
§70 Foreigners Act (No. 108 of 2013)

Rights of long-term residents 1. The alien issued with a permanent residence permit is a long-term resident and must be registered with the civil registry office as a long-term resident. Similarly, as the temporary residents, the alien, if the requirements are met, shall be issued with alien’s identity card and may be employed, self-employed or engaged directly in business activity, without the requirement to be issued with a work permit. 2. Long-term residents shall enjoy economic rights, health-related and social rights on the same terms as the Albanian nationals, in line with the legislation in force. 3. The form of the identity card for residents shall be determined by decision of the Council of Ministers.

CEACR, C87, Obs. 2021

Article 2 of the Convention. Right to organize of foreign workers. Further to its previous comments on the exercise of trade union rights by all foreign workers irrespective of their residence status, the Committee notes that the Government indicates in its report that the Act on Foreigners (No. 108 of 2013), as amended by Act No. 13 of 2020, does not address whether foreigners who do not have a working permit have the right to organize in unions. The Committee notes that Act No. 13 of 2020 did not amend section 70 of the Act on Foreigners, which provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals. The Committee also notes that the Government has not provided any information on foreign workers’ exercise of trade union rights in practice. The Committee requests the Government to take, without delay, the necessary measures, including consideration of possible legislative amendments, to ensure that all foreign workers, whether or not they have a residence or a working permit, benefit from the trade union rights provided by the Convention, particularly the right to join organizations which defend their interests as workers. The Committee requests the Government to provide information on any progress made in this respect.

Violations

No Violation

Violations

National Labour Legislation
§35 of the Act No. 152/2013

Article 35
The right to strike
The civil servant shall have the right to strike, unless otherwise provided by law. In any case, the
right to strike shall not be permitted in the area of essential services of the State activity such as
transport, public television, water, gas and electricity, prison administration, administration of
justice system, national defense services, emergency medical services, services for the food
supply or services for the air traffic control.

Violations

No Violation