E/C.12/ALB/CO/2-3
The Committee requests that the State party take measures to enforce legislation on
the minimum wage, while ensuring that the minimum wage is regularly adjusted to
the cost of living and that it enables employers and their families to enjoy a decent
living, in accordance with article 7 (a) (ii) of the Covenant.
20.
The Committee is concerned about the continued application, under the current
Labour Code, of the prohibition of the right to strike to public employees even if they do
not provide essential services and continued restrictions on the right to collective
bargaining in the form of the requirement for 30 days of mandatory mediation prior to
initiating a strike (art. 8).
The Committee urges the State party to ensure that the draft Labour Code complies
with the Covenant in order to guarantee for all persons the right to freely form and
join trade unions, the right to engage without restriction in collective bargaining
through trade unions for the promotion and protection of their economic and social
interests, as well as the right to strike. The Committee recommends that the State
party remove through the draft Labour Code the existing limitations on the right to
strike and the right to collective bargaining, in particular by considering mediation as
an alternative and not a condition for a strike, and ensure that the prohibition against
striking for civil servants does not exceed the ILO definition of essential services.
21.
The Committee regrets the lack of data regarding social assistance in the State party,
the lack of information on whether the social security system is adjusted to assist persons
with disabilities and older persons, and disadvantaged individuals and families, so that they
can live in dignity, and the lack of clarity on whether the amount of social assistance
benefits is sufficient to cover the real costs of living. The Committee also regrets the
absence of information regarding the safeguards of equal access to social insurance and
social assistance (art. 9).
The Committee calls upon the State party to adjust the social security system, taking
into account the Committee’s general comment No. 19 (2008) on the right to social
security, in order assist persons with disabilities and older persons, and disadvantaged
individuals and families, so that they can live in dignity and to provide for an effective
system to ensure that the amount of social assistance benefits is sufficient to cover the
real costs of living. The Committee also encourages the State party to consider the
introduction of a minimum income benefit that would bring together all the existing
social assistance benefits and ensure a life in dignity for all those living in the State
party. The Committee further reiterates its previous recommendation to the State
party to consider ratification of ILO Convention No. 117 (1962) concerning Basic
Aims and Standards of Social Policy and Convention No. 118 (1962) concerning
Equality of Treatment of Nationals and Non-Nationals in Social Security.
22.
The Committee remains concerned about the high number of cases of internal as
well as cross-border trafficking in persons and about the “practice” of penalizing victims of
trafficking in persons due to the Criminal Code provision which punishes individuals who
engage in prostitution. The Committee is also concerned at the lack of medical, legal and
social assistance, including shelter, to the victims of trafficking (art. 10).
The Committee recommends that the State party reinforce the legislation to combat
internal as well as cross-border trafficking in persons, by revising the Criminal Code
in order to adequately sanction the perpetrators of trafficking as well as of
exploitation of the victims of such acts. The Committee also recommends that the
State party strengthen the data reporting system and take measures to ensure early
identification of victims and adequate training of law enforcement officers and the
judiciary with a view to effective investigation and prosecution of the perpetrators.
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