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Any
worker is entitled to just conditions of work
11.02.2008
The Albanian Helsinki Committee (AHC)
has followed with concern the grave situation at
the Bulqizë mine and other sectors, including:
construction, chemical and mechanical plants,
whereby, due to protection measures, several
employees have lost their lives.
AHC expresses its condolences to
the family of the miner that lost his life in
the Bulqizë mine and expresses concern that such
cases have been recurring within a short time
frame.
AHC brings to the attention of
the Albanian Government, the Ministry of
Economy, and the Ministry of Labor and Social
Affairs, that the right to decent working
conditions is a fundamental right sanctioned in
the Pact of Economic, Social, and Cultural
Rights.
Although Albania has ratified
numerous international instruments in this area,
including the revised European Social Charter,
in different sectors of the economy, there are
serious violations for decent working conditions
and no measures have been undertaken for
protection at work, for holding employers
accountable, and for compensating the injured or
their families.
According to article 2 of the
revised European Social Charter, the Albanian
Government has engaged to eliminate risks or
unhealthy occupations and where it is not
possible to reduce sufficiently these risks, to
issue safety and health regulations. Although
the Labor Code (article 40) sanctions that the
employer is obliged to undertake the necessary
protective measures against special risks in
mines, construction, the chemical industry,
etc., recent accidents indicate this obligation
is not fulfilled.
AHC takes note that protective
measures at work, legal and sub-legal acts that
exist in certain areas are not known and are not
shared with employees. The formal implementation
of procedures cannot justify the fact that
employees are aware of them and that they are
responsible for accidents befalling them.
AHC notes with regret that
measures to prevent accidents are poor and
reaction by responsible institutions is partial
and only takes place when such accidents occur.
In the context of protecting the
rights of employees, the Albanian Helsinki
Committee:
1 Calls upon the
Albanian Government to undertake concrete and
speedy steps to control compliance with
protection at work, not only at the Bulqizë
mine, but also in the sectors of construction,
shoe industry, chemical industry, etc.; to check
and assess whether employers have undertaken
concrete measures for protection at work from
risks and professional illnesses.
2 AHC turns to
responsible institutions to conduct inspections
with employers to assess the degree of
employers’ qualifications and whether there are
preliminary and continued training programs for
them, whether there are periodic updates on
conditions of work and risks, and whether they
have undertaken the necessary measures to avoid
such risks.
3 AHC recommends
to the National Labor Council to undertake
consultations regarding employers’ professional
training and protection policies, hygiene, and
technical safety in all sectors, but
particularly in the most problematic sectors.
4 AHC recommends
to the Labor Inspectorate to exert control
regarding work insurance of workers working in
such sectors and life and health insurance in
cases of accidents. In several cases, persons
injured in accidents and their families have not
been compensated after experiencing accidents or
work-related illnesses.
5 AHC calls upon
the Ministry of Labor and Social Affairs to
increase control, in cooperation with the
Ministry of Health, regarding protection of
employees against work-related illnesses.
6 AHC calls upon
every labor inspector that, before issuing
permits for the work of an enterprise or the
establishment of working sites, he/she should
check and correctly implement work safety
regulations. Competent bodies should not license
private companies if they fail to comply with
Labor Code requirements.
7 Furthermore, AHC
recommends to responsible institutions to
increase controls to highlight and prevent the
employment of children in sectors where their
employment is not allowed or where conditions of
work and substances used therein are harmful for
their health.
8 AHC recommends
to workers’ unions to increase their attention
regarding conditions contained in collective
labor contracts, and to not tolerate the
provision of soft protection measures in
exchange for higher employee salaries.
AHC believes that the engagement
of all respective structures and better respect
for rights and obligations, the life and health
of employees can be protected.
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