Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Home Work Convention, 1996 (No. 177) - Albania (Ratification: 2002)

Promotion of telework. The Committee welcomes the statistical information provided by the Government for the years 2020, 2021 and 2022, disaggregated by sex, stating that situations of home work are identified almost exclusively in the sectors of “telecommunications” and “others”. The report does not however provide specific information regarding the scope and implementation of teleworking arrangements introduced in light of the COVID-19 pandemic. It indicates that no workers under the age of 18 or informal workers have been identified as working from home.

The Committee observes that informality represents a key challenge faced by the Albanian labour market. Pursuant to available data, in 2019, 57 per cent of Albanian workers were indeed estimated to work in the informal economy (Albania Institute of Statistics, INSTAT). The Committee notes in this respect that, due to a series of factors collectively such as the lack of supervision, the blurring of boundaries with personal life, isolation of the worker from colleagues, and others, home work can be particularly susceptible to informal work arrangements and practices. In view of the above, the Committee requests the Government to conduct an in-depth analysis of the scale of informal work among persons involved in home work and to report accordingly. Furthermore, given that the key challenges facing the Albanian labour market include elevated youth unemployment, standing at 22 per cent in the third quarter of 2023, as well as high youth inactivity (in 2021, 24 per cent of youth were neither in employment, education, nor training compared to 14 per cent in the EU on average), the Committee once again recalls that teleworking can be a useful means to allow access to employment to certain categories of persons who may face more significant obstacles to accessing the labour market (such as young people, women, persons with disabilities and older people). The Committee reiterates its requests to the Government to provide information on the impact of the telework modality provided for in Law No. 231 or through any other new regulation on access to employment, including for persons belonging to groups in disadvantaged positions in relation to the labour market. Finally, the Committee requests the Government in future reports to disaggregate the sector “others” so as to better identify the categories of workers comprised under this category.

Articles 1, 3, and 5 of the Convention. Definition of homeworker. National policy on home work. In its previous request, the Committee noted Law No. 136/2015 of 5 December 2015, modifying the Labour Code, Law No. 7961 of 12 July 1995. It also noted that section 15 of the Labour Code refers to two types of employment contracts: home-based employment contracts (section 15 (1)) and telework contracts (section 12(2)). The Committee notes the information provided by the Government, indicating that in 2022 the State Labour and Social Services Inspectorate undertook a campaign to fight informality in the labour market in the garment industry. The Government indicates that the campaign was carried out by way of raising awareness and control and inspection, and it included monitoring, controlling, advising, and raising awareness in the entities of that sector. While it takes due note of this information, the Committee notes that the report does not supply specific information on the steps taken, in consultation with the social partners, to discuss the adoption and implementation of a national policy on home work as mandated by the Convention. The Committee therefore reiterates once again its request to the Government to provide information on the steps taken, in consultation with the social partners, to discuss the adoption and implementation of a national home work policy, also regarding the requirements of Articles 4 and 9 of the Convention.

Article 4. Equality of treatment. In its previous comments, the Committee had noted that, pursuant to section 15(3) of the amended Labour Code, all of its provisions apply to homeworkers, with the exception of weekly hours of work and rest, overtime hours, work on public holidays and night work, as well as the provisions that regulate the right to compensation, including for extra hours worked or hours worked on Sunday or the so-called “red letter” days. The Government states that to implement section 15(3), the State Labour and Social Services Inspectorate has taken the stance that employees who work from home enjoy the same rights as other employees regarding rest based on the nature of the work. To promote equal treatment, the Inspectorate will be increasing information and awareness on this issue. The report also provides information concerning the employment of domestic workers, the obligation to sign employment contracts with full-time or part-time employees, and different initiatives on gender equality and equality of treatment in the public procurement legislation. While duly noting the above, the Committee reiterates its requests to the Government to provide specific information on concrete measures taken or envisaged to promote and effectively ensure in practice equality of treatment between homeworkers and other workers in relation to the eight areas provided for in Article 4(2) of the Convention, in relation inter alia to freedom of association and protection against discrimination, occupational safety and health, social security and maternity protection. It also requests the Government to provide a copy of the Cooperation Agreement between the State Labour and Social Services Inspectorate (ISHPSHSH) and the Public Procurement Agency (APP) adopted in June 2019, mentioned in its previous report.

Articles 7 and 9. Occupational safety and health. Enforcement measures. The Committee notes the statistical information the Government provided on the inspections carried out in 2020, 2021, and 2022 regarding work at home and the violations of the legal provisions that were noticed when performing the inspections. The Committee also notes that minors under the age of 15 are not allowed to work from home and that dangerous jobs that expose the employee to risks in their workplace cannot be performed from home, according to DCM No. 255, dated 25 March 1996 for the “On home workers contract”, paragraph 15. The Committee reiterates its requests to the Government to provide information concerning the manner in which these legal provisions are enforced as well as on the sanctions imposed when infringements in relation to homeworkers are identified. The Committee also reiterates its request to the Government to provide information on the adoption of specific measures ensuring that national laws and regulations on safety and health at work apply to home work, taking account of its special characteristics.