Violence and Harassment Convention, 2019 (No. 190) - Albania (Ratification: 2022)

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

The Committee notes the Government’s first report.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes that Law No. 10 221 of 4 February 2010 on Protection from Discrimination (Law on Protection from Discrimination) defines harassment as “unwanted conduct related to a prohibited ground which violates dignity and creates an intimidating, hostile, humiliating or offensive environment”, and sexual harassment as “unwanted verbal or non-verbal conduct of a sexual nature with the same effect”. It further notes that Article 4 of Law No. 9970 of 24 July 2008 on Gender Equality in Society (Law on Gender Equality in the Society) defines gender-based harassment as “unwanted conduct related to gender that violates personal dignity or creates a threatening, hostile, derogatory or offensive environment and defines sexual harassment as unwelcome verbal, physical or symbolic conduct of a sexual nature that violates dignity and creates a threatening, hostile, humiliating or insulting environment”, and prohibits discrimination, harassment and sexual harassment. The Committee also notes that Article 32 Law No. 7961, dated 12.07.1995 (the Labour Code), to stop moral and sexual harassment, to prevent attitudes that violate dignity and to refrain from acts that degrade working conditions so as to violate rights and dignity, damage health or harm the professional future of the worker. The Committee observes that these provisions prohibit diverse conducts that may constitute violence and harassment. It further notes that laws and regulations define harassment based on discriminatory grounds and that the Labour Code, while referring to ‘moral harassment’ does not define it. The Committee asks the Government to inform on the meaning of the definition of ‘moral harassment’ recognized in the Labour Code and communicate, if available, examples of the conducts or cases covered by the key concepts mentioned above.

Articles 2 and 3. Scope of application. The Committee notes the Government’s indication that all persons listed in Article 2 of the Convention are protected, in the public and private sectors, against violence and harassment in the world of work through various laws and regulations. It particularly notes that the Law on protection from Discrimination protects employers, employees and job applicants, and that the Law on Gender Equality in Society covers harassment and sexual harassment in the workplace, when committed by an employer or an employee. It observes that the Law on Safety and Health at Work requires employers in the public and private sectors to ensure the safety and health of workers in every aspect related to work and defines worker as a person employed by an employer, including apprentices, excluding domestic servants. It further notes that this Law defines workplace as all places where workers need to be or to go by reason of their work and treats as work accidents those occurring during work, breaks in places organized by the employer, commuting, vocational training and the provision of first aid. The Committee requests the Government to clarify how protection against violence and harassment in the world of work is ensured, in law and practice, for all categories of persons listed in Article 2(1) of the Convention, and in all situations covered by Article 3(a) to (f) of the Convention. It also requests the Government to indicate how domestic workers are protected in law and in practice against violence and harassment in the world of work.

Articles 4(2) and (3). Inclusive, integrated and gender-responsive approach. The Committee takes note of the information provided by the Government throughout its report regarding the different authorities and institutions that are relevant to implement the Convention and refers it to its comments under Articles 10 and 11 of the Convention. The Committee requests the Government to provide information on any consultations with representative employers’ and workers’ organizations that have taken place or are envisaged, regarding the application of the Convention. The Committee also asks the Government to indicate the measures adopted to: (i) ensure that the tools, guidance and activities developed are provided in accessible formats, as appropriate; and (ii) consider violence and harassment involving third parties (i.e. clients, customers, service providers, users, patients and members of the public) when applying the Convention.

Article 6. Equality and non-discrimination. The Committee notes the information provided by the Government on the legal framework on equality and non-discrimination. The Committee refers, in this regard, to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 8. Appropriate preventive measures. The Committee notes the Government’s indication that the relevant legislative provisions apply to workers in both the formal and informal economy, provided an employment relationship exists, and that such workers may seek recourse through complaint monitoring and handling by Labour Inspectors. The Committee requests the Government to provide information on the measures taken to: (i) raise awareness and train public officials to prevent, identify and address cases of violence and harassment involving workers in the informal economy, as well as the results achieved; and (ii) identify, in consultation with the employers’ and workers’ organizations concerned, the sectors, occupations and work arrangements in which workers and other persons are at heightened risk of violence and harassment, together with any specific prevention and protection measures adopted in this regard.

Article 9. Responsibilities of employers. The Committee notes that Articles 4 and 6 of the Law on Safety and Health at Work, establishes a general duty on employers to ensure the safety and health of workers in every aspect related to work. The Committee also notes that Articles 16 and 18 of the Law on Gender Equality in Society impose obligations on employers, and any other person acting on their behalf, in labour relations to take measures to prevent and stop harassment and sexual harassment.

Article 9(a). Workplace Policy. The Committee notes that Article 6(3)(g) of the Law on Safety and Health at Work, Article 18(2)(a) of the Law on Gender Equality in Society, and Article 13 of the Law on Protection from Discrimination, taken together, requires employers to adopt internal regulations and measures that address discrimination, harassment and sexual harassment, including through prevention, disciplinary measures and information to employees. It considers that these provisions could operate as elements of workplace policies to prevent and address discrimination-based harassment and sexual harassment in employment relationships. However, the Committee recalls the limited scope of application of these laws, as they all cover different forms of violence and harassment. The Committee requests the Government to provide information on any measures taken or envisaged to require in laws and regulations, that employers in both the public and private sectors adopt and implement workplace policies that expressly address violence and harassment in the world of work, which cover all persons protected under the Convention and are elaborated in consultation with workers and their representatives, and to provide examples, where possible, of such policies and internal regulations.

Article 9(b) and (c). Occupational safety and health management, including in relation to hazards and risks of violence and harassment. The Committee notes that under Article 6 of the Law on Safety and Health at Work, employers have a general obligation to prevent risks to safety and health at work and that Article 5(24) defines ‘risk’ to include working methods, environment or work organization which, through exposure during work activity, might directly or indirectly cause injury to workers. It further notes that Article 9 requires employers to carry out an assessment of risks to safety and health at work, including for groups of workers exposed to particular risks. The Committee requests the Government to indicate whether there are any other provisions in national laws and regulations that explicitly require employers to: (i) take into account violence and harassment and associated psychosocial risks (other than in relation to work-related stress) in the management of occupational safety and health; and (ii) identify, with the participation of workers and their representatives, hazards and assess risks of violence and harassment, and take measures to prevent and control them. The Committee also asks the Government to indicate if certain sectors are excluded from the consideration of violence and harassment in the management of occupational safety and health, and if so what are the provisions applicable to these sectors.

Article 9(d). Information and training. The Committee welcomes that Article 2 of the Law on Safety and Health at Work identifies information and training of workers as one of the ways to guarantee safety and health at work and eliminate risk and accident factors. It further notes that Article 11(b) of the same law requires employers to provide information and training to workers on risks and preventive measures. However, it notes the absence of information on the rights and responsibilities of workers and other persons concerned in relation to violence and harassment in the world of work. The Committee requests the Government to provide information on the application of Article 11 (b) of the Law on Safety and Health at Work in relation to information and training on violence and harassment in the world of work, including on the rights and responsibilities of workers. It also asks the Government to indicate the measures taken to ensure that such information and training is provided, where appropriate, in accessible formats.

Article 10(a) and (h). Monitoring and law enforcement. Labour inspection. The Committee notes that, under Law No. 9634 on Labour Inspection and State Labour Inspectorate (Law on Labour Inspection), Law No. 10 433 of 16 June 2011 on Inspection in the Republic of Albania (Law on Inspection), and the Law on Safety and Health at Work, the State Labour Inspectorate is responsible for monitoring compliance with labour and occupational safety and health legislation at central, regional and local levels, including control of risk assessment and prevention documents and the investigation of work-related events and accidents. Labour Inspectors may adopt interim emergency measures to stop work in cases of violations. The Committee further notes that enforcement of equality provisions is entrusted to the minister responsible for gender equality and the State Labour Inspectorate under Article 19 of Law No. 9970 on Gender Equality in Society, and to the Commissioner for Protection from Discrimination under the Law on Protection from Discrimination. It notes with interest the indication of the Government of a joint order between the State Labour Inspectorate and the Commissioner for Protection from Discrimination, under which pilot monitoring visits were carried out in two enterprises to verify compliance with obligations on protection against discrimination, violence and harassment in employment. It also notes the information from the Government that the Ministry of Health and Social Protection coordinates the National Gender Equality Strategy and Action Plan 2021 to 2030 through the National Council for Gender Equality, the Network of Gender Equality Officers, the National Coordinator for Gender Equality and the parliamentary Subcommittee on Gender Equality and Prevention of Violence against Women. The Committee asks the Government to provide information on: (i) the measures taken to ensure effective coordination among the aforementioned institutions; and (ii) the number, nature and outcome of cases of violence and harassment dealt with by these bodies.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes that, under Article 24 of Law on Labour Inspection, workers and, where applicable, their trade union organizations have the right to submit complaints in writing or orally to the labour inspectorate when the employer violates labour legislation, and that the Government that the State Labour Inspectorate and Social Services have an organized complaint management system that receives complaints at central and regional levels through different communication channels. Furthermore it notes that Article 13 of the Law on Protection from Discrimination obliges employers to take necessary measures, including disciplinary measures, to protect employees against victimization within one month of becoming aware of a case, and that Article 17 of the Law on Gender Equality in Society prohibits retaliatory acts against an employee placed in an unfavourable position because of complaints against the employer, and that Article 32(6) of the Labour Code protects employees and whistle-blowers who complain of harassment from being penalized, dismissed, discriminated against or subjected to harassment or sexual harassment. It further notes that Law No. 60 of 2016 on Whistleblowing and Whistleblower Protection establishes internal and external reporting mechanisms and protection measures in public and private institutions. The Committee therefore requests the Government to provide information on any procedures that may exist at workplace level for reporting and handling complaints of violence and harassment in the world of work,

Easy access to appropriate and effective remedies. The Committee notes that Article 38 of the Law on Protection from Discrimination provides for indemnification and appropriate compensation, including proprietary and non-proprietary damages, for breaches of that law. It also notes that Article 29 of the Law on Gender Equality in Society provides for compensation for any material or moral damage caused by violations of that law, including the restoration of violated rights. Under the Law on Labour Inspection and the Law on Safety and Health at Work, Labour Inspectors may impose measures and formulate recommendations to be complied with within a specified period. It also notes that, under Chapter XIX of the Labour Code, an injured person whose rights have been violated has the right to claim damages, which may not be paid in kind. The Committee requests the Government to provide examples of remedies granted to victims in specific cases of violence and harassment in the world of work, including in dispute settlements and judicial decisions.

Article 10(c). Protection of privacy and confidentiality. The Committee requests the Government to provide information on any measures taken, to the extent possible and as appropriate, to protect the privacy of the individuals involved in cases of violence and harassment in the world of work, and to prevent the misuse of privacy and confidentiality requirements.

Article 10(d). Sanctions. The Committee notes the Government’s reference to the powers of Labour inspectors and the State Labour Inspectorate, under Article 202 of the Labour Code and Article 33 of the Law on Labour Inspection, to impose fines for violations of the Labour Code ranging from ten to fifty times the minimum wage in accordance with the principle of proportionality. It also notes that, under the Law on Protection from Discrimination, the Commissioner for Protection from Discrimination may impose sanctions in the form of fines, and that Article 7 of the Law on Gender Equality in Society provides for sanctions as a tool to prevent gender-based discrimination. The Committee requests the Government to provide, if possible, examples of sanctions imposed in administrative or judicial decisions in cases of violence and harassment in the world of work.

Article 10(f) Domestic violence. The Committee notes that Article 10(e) of the Law on Measures against Violence in Family Relations provides for protection against domestic violence through protection orders that may, among other things, prohibit the perpetrator from approaching or coming near the workplace of the victim, unless this is required for work-related reasons. The Committee requests the Government to provide information on any other measures adopted or envisaged to recognize the effects of domestic violence and, so far as is reasonably practicable, to mitigate its impact in the world of work, such as awareness-raising among employers and workers, flexible work arrangements, temporary protection against dismissal or inclusion of domestic violence in risk assessments. It also requests information on the practical application of Article 10(e) of the Law on Measures against Violence in Family Relations and particularly on the application of the exception concerning ‘work-related reasons’.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Committee notes that Article 8(3) to (5) of the Law on Safety and Health at Work provide that, in the event of a serious and imminent and unavoidable danger, the employer must enable workers to stop work or leave the workplace and go to a place of safety, and not require them to resume work while such danger persists. It also notes that workers who leave their workstation or a dangerous area in such circumstances may not be placed at a disadvantage and must be protected against harmful and unjustified consequences, and that where the immediate superior cannot be contacted, they are entitled to take appropriate steps to avoid the consequences of the danger, without disadvantage unless they act carelessly or negligently. The Committee requests the Government to indicate whether the right foreseen in Article 8 of Law on Safety and Health at Work covers situations in which there is reasonable justification to believe that there is an imminent and serious danger to life, health or safety arising from violence and harassment in the world of work.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes the information provided by the Government on strategies and policy frameworks that include measures to prevent and address violence and harassment, particularly gender-based violence. It notes in particular that the National Gender Equality Strategy and Action Plan 2021 to 2030 identifies violence against women and girls as a priority area and foresees cooperation between the Ministry of Health and Social Protection, other line ministries, local self-government bodies, the State Labour and Social Services Inspectorate, the Commissioner for Protection from Discrimination, social partners, civil society and international partners, including in relation to the world of work. The Committee further notes that the institutional gender equality mechanism, including the National Council for Gender Equality, gender equality officers in ministries and municipalities, the National Coordinator for Gender Equality and the parliamentary Subcommittee on Gender Equality and Prevention of Violence against Women, is tasked with overseeing and supporting the implementation of these policies. The Committee asks the Government to continue to provide information on the measures adopted within these policies and mechanisms to prevent and eliminate violence and harassment in the world of work, including gender-based violence and harassment, and on any evaluations carried out or envisaged concerning their effectiveness and impact.

Article 11(b) and (c). Training tools and guidance, and awareness-raising campaigns. The Committee welcomes the information provided by the Government that, under the 2023 Action Plan, the State Labour Inspectorate and Social Services, together with the Commissioner for Protection from Discrimination and Representatives of employers, workers and trade unions, held informative meetings, round tables and an Annual Conference on the assessment of risk factors and gender stereotypes from the perspective of labour inspection. It notes the indication that these activities addressed the role of social dialogue in reducing and eliminating violence and harassment in the world of work, the other measures needed to achieve this, and the creation of a unified inspection model and indicators for violence and harassment at work, and that an action plan for 2024 has also been foreseen. The Committee further notes the indication that, in the framework of the National Strategy for Gender Equality 2021 to 2030, the Ministry of Health and Social Protection organized awareness-raising campaigns in various municipalities on gender equality and women access to their rights, including workplace issues such as gender discrimination, access to free legal aid, monitoring of legislation and practice, opportunities in the labour market and the role of non-governmental organizations in empowering women and girls, including those in vulnerable situations. The Committee requests the Government to continue to provide information on the training tools, guidance and awareness-raising campaigns developed on violence and harassment in the world of work for labour inspectors, equality bodies, social partners and other stakeholders, including data on the participation of women and men in these initiatives and the measures taken to ensure that they are provided in accessible formats for all groups concerned.