Background: Work may cause health damage, like accidents at work and occupational diseases. Aim: The aim of this study is to recognize the general information on the impact of work on the employee"s health, and knowledge of the Albanian legal framework on health and safety at work of health personnel. Methods: This is a narrative literature review. Conclusion: Although governments have implemented appropriate legislation for the health protection of their employees, there is evidence of the health damage of their employees at work or due to their work. Work may cause health damage. The social and material conditions in which work is carried out can adversely affect people's well-being.
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Constitutional provisions giving effect to freedom of association and collective bargaining rights: The Constitution of Albania enshrines the following rights:. Freedom of Association Collective Bargaining Strike Legal provision: The professional organizations of employees and of employers are independent social organizations that are created as volunteering unions of employees or of employers, of which the goal is to represent and protect the economic, professional and social rights and interests of their members.
Legal provision: The following are considered to be services of vital importance: a indispensable medical and hospital services; b water supply services; c electricity supply services; d air traffic control services; e services of protection from fire; f services at prisons. Legal provision: Collective dispute konfliktkolektiv means any conflict between on the one hand some employees, or one or several organizations of employees, and on the other hand one or several employers, or one or several organizations of employers.
Legal Provision: Labour Code This evidence is presented in the form of a notary certificate b y virtue of which the notary public certifies the number of the members of the organization of the employees on the basis of the membership fees paid during the last two years, or of the personal statements of the member employees.
If some organizations of employees are presented together, then the group of the organizations, which has the greatest number of members, shall be considered to be the most represented.
This complaint must be submitted within weeks, starting from the day of the announcement of the results in compliance with the notary certificate. The Conciliation Office examines all the available evidence and decides on the representation of the organization, or of the organizations of the employees, and announces it within two weeks, starting from the day of its involvement in the issue. When the employer, or the organization of the employers, rejects the decision of the Conciliation Office, they have the right to seek the organization of a secret ballot within two weeks, starting from the day of the announcement of the decision.
The manner of the organization and the voting procedure are regulated by Decision of the Council of Ministers. According to the Decision, the Minister in response to that request orders the organisation of the ballot within 5 days.
At the end of the voting procedure the voting committee, after counting the valid votes announces the results of the voting within 24 hours.
The most representative organisation, group of organisations will be considered the organisation or group of those that wins the majority of the votes.
In case the voting results are opposed from the organisation or group of organisations that participated in the voting, they are granted the right to appeal to the District Court within 5 days from the announcement of the results. Legal provision: i. Exclusive bargaining rights Many organizations of employees may exercise this right jointly.
Right of representation and consultationin tripartite bodies 1 The National Labour Council is established, and it consists of employer, employee and Government representatives. Legal provision: The act of creation and the statute of any professional organization must be signed by not less than five founding members representing the organization of employers, and by not less than twenty founding members representing the organization of employees.
Legal provision: Any organization, federation or confederation has the right to join international organizations of employees or of employers. Legal provision: 2 The statute must obligatorily define: a the name of the organization; b the place where its residence is located; c its goals; d the conditions of admission, resignation and expelling of the members; e the rights and duties of the members; f the composition and functioning of the steering bodies as well as the duration of mandates; g as the case might be, belonging to the federation or confederation; h the measures to be taken in case of its dismissal.
Description: Institution A: Purpose The National Labour Council is an institution working towards social understanding; harmonizing the interests of various actors in economic production, diminishing conflicts and for keeping social peace. The main purpose of this body is to establish and initiate the social dialogue in social, economic and labor legislation issues. The National Labour Council must assure that consultation is designed and operates on a permanent tripartite basis.
Functions The NLC examines documents and procedures related to employment and social affairs. The decisions are taken by consensus.
The competences of the Council include draft labour legislation, national social, wage or pension policies and national economic and social development programmes.
The NLC is chaired by the Minister of Social Welfare and Youth and has six specialised tripartite committees: -legal affairs; -employment and vocational training; -wages and pensions and social protection, -working conditions and safety at work; -equal opportunities; -economic and financial issues. The Council has a Secretariat composed of three secretaries representing the three constituents. The Secretariat is within the Structure of the Ministry of Social Welfare and Youth and the appointment of the secretaries is consulted with social partners.
This is given effect to by Decision of the Council of Ministers No. Description: Institution A: The mandate of the NLC includes providing opinions, recommendations or comments on: - labour legislation, - policies regarding employment, - vocational training and qualification, - protection of the employees, - hygiene and technical safety, - production, - wellbeing, - programs of economic and social development, -application of ILO standards.
Legal provision: There are no bodies or general procedures established for consultation, information sharing or joint decision-making in the workplace in labour legislation in Albania. However, in the case where there is a possibility of transfer of an enterprise to a new employer, the trade union must be informed and consulted on these matters. NOTE: This provision is outside the scope of the topic of this Section, which focuses on information sharing and consultation for the purposes of workplace participation.
Labour Code Information and Consultation 1 The person who transfers the rights and the person who acquires them must inform the Trade Union, which is recognized as the representative of the employees, or if such is not the case, the employees concerned with the act of transferring, especially about the motivation of transferring, about the juridical, economic and social consequences affecting the employees and about the measures that must to be taken with respect to them.
It is accompanied with the copy of the statute of the organization or of the organizations of the requesting employees, as well as with the necessary indices that prove their representation in the enterprise, enterprises, or in the given branch. If the request is made on a branch level, it should be posted on all the enterprises or branches. The organization or the organizations of the employees, which demand the beginning of negotiations, must see to it that the posting gets done properly.
In this case the representation of the organization or of the organizations of the employees may not be objected for a period of two years. The first collective agreement, bound without respecting the obligation of making it public through posting, shall be invalid from the moment of the entering into force of the second agreement, which is bound by respecting the procedures as defined by this Code. Recognition Procedures of the Most Representative Trade Unions or Employers' Organizations 1 If the representation of the organization or organizations of the employees who have demanded the beginning of the negotiations is objected, any concerned organization of employees should submit to the employer or the organization of the employers, at its own expenses, the evidence of representation.
Legal provision: Labour legislation only allows for the conclusion of a collective agreement with a trade union:. The collective labour agreement is entered into by one or more employers or organizations of employers, on one side, and one or two trade unions, on the other side.
Legal provision: 11 1 The rights and obligations concerning labour relations are regulated in order of priority bythe following sources: a The Constitution of the Republic of Albania. The imposition of work peace is absolute only when the parties have expressly agreed to that.
In this case, the notice deadline extends to six months. Legal provision: Any employer who has signed the collective agreement or any member of a contracting organization is bound by the collective agreement. The latter will apply to all the employees of the employer, whether or not they are members of the contracting trade union organization. Legal provision: Labour Code The procedure is regulated by the Decision of the Council of Ministers.
Decision of the Council of Ministers No. The Minister of Labour decides upon parties request for extension after verification of the fulfilment of the criteria established in this Decision. The Minister is the competent authority to repeal the decision for extension if all parties involved make such a request or with his own initiative in case he detects or has been notified by third parties that the requirements have not been fulfilled.
In addition the Minister can repeal his own decision in case of violation of the principle of equal treatment. Legal provision: The signatory parties may either request the extension. Either one of the social partners or through a joint request. A high number of workers are already bound by the agreement:. The procedure is regulated by the Council of Ministers.
Extension of the effects of the collective agreement can not be done, unless the following conditions are met: a Employers bound by collective contracts should employ an absolute majority of all employees, to whom the effects of the agreement will extend. Extension of the effects of the collective agreement can not be done, unless the following conditions are met: b Employers who are not bound by collective agreements should be able to become members of he contracting professional organization; likewise employers and employees organizations who are not bound by the collective agreement, should have the opportunity to accede to the contracting organizations with the same rights and obligations as the latter, if they offer sufficient guarantees to comply with the contract's terms and conditions.
Legal provision: The employer must deposit the original copy of the collective agreement with the Ministry of Labour within 5 days, starting from the date of the conclusion of this agreement between the parties. Legal provision: The collective agreement may be terminated or amended only in writing. All the parties must sign it.
When a party is an organization, the representatives of the latter are assigned in compliance with the statute.
The mediator is appointed by the Minister of Labour and Social Affairs, or by the administrative body authorized by the former, within the public administration of the Ministry of Labour and Social Affairs.
The parties, through agreement and freely, shall choose one or three arbiters. In order to assist and advise the parties, the Ministry of Labour and Social Affairs is to provide them with a list of arbiters. If the parties fail to agree, the arbiters are to be appointed by the Minister of Labour and Social Affairs, within five days, starting from the date of the request of one of the parties.
Legal provision: Arbitration Tribunal Legal provision: The decisions of the Arbitration Tribunal are enforceable, and are founded on the rules governing arbitration, as defined in the Code of Civil Procedure. The decision of the arbitration tribunal may be appealed to the appellate court only when: a the arbitration court was formed incorrectly; b thearbitration court has wrongly declared its competence or lack ofto make an award over the issue; c the arbitration courtin its decision has exceeded the claims for which it was invested or did not made an award over all the claims; d the equality of the parties and their right to be heard in a procedure based on the principle of contradiction had not been respected; e the award of the arbitration court violates public order in the Republic of Albania.
The strike shall be lawful if it fulfills the following conditions: 1 It is organized by a Trade Union, which enjoys juridical personality, or is affiliated to an organization of employees with juridical personality. Legal provision: Due to duty or service, military personnel is forbidden to:…b enter into strike. Civil servants have the right to strike, unless otherwise provided by law. In any case, the right to strike is not 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, national defense services, emergency medical services, services for the food supply or services and airtraffic control services.
In this case, the collective disputes are to be solved in a binding and final manner, in accordance with Article of this Code. Arbitration in the Services of Vital Importance In the services of vital importance, as defined by this Code, the conflicts shall be resolved in an obligatory way and definitely, following the procedure of mediation and reconciliation, by a Court of Arbitration consisting of arbiters chosen by the parties. If the parties fail to agree, the arbiters are assigned by the Minister of Labor and Social Affairs, within five days, starting from the date of the request of one of the parties.
Established by Statute When the parties fail to come to a mutual understanding about the number and duties of the respective workers necessary for providing minimum services, the dispute shall be settled in a final and binding manner by an arbitrator appointed by the Minister of Labour and Social Affairs, or the administrative body assigned by him, in consultation with the concerned parties.
The arbitrator must decide within 24 hours, starting from the moment of their appointment. A peace obligation is only absolute when the parties have expressly agreed to it. In this case, the provisions governing the procedures of dismissal from work shall not be applicable.
ILO is a specialized agency of the United Nations. Themes Regulatory Framework Organizations and their Administration Legislative protection of workers' and employers' organizations, their members and representatives Tripartite Social Dialogue Information and Consultation at the Workplace Collective Bargaining Labour Disputes and their Resolution.
Constitutional provisions giving effect to freedom of association and collective bargaining rights: The Constitution of Albania enshrines the following rights: Freedom of Association Legal provision: No definition found in legislation.
Number: Institution A: 27 members. Voluntary recognition The Demand to enter Negotiations for Collective Bargaining 1 Any representative organization of employees, which is created in compliance with law, may ask from any employer or organization of employers to start the negotiations on binding the collective contract on enterprise, enterprises, and branch or industry level in favor of one or several occupational categories.
Statutory recognition Labour Code Legal provision: Labour legislation only allows for the conclusion of a collective agreement with a trade union:
Albanian legal framework on safety and health at work of health personnel
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