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RESEARCH REPORT

Concerning the actual organizational condition of the two


Albanian Trade-Union Confederations and their
representative level.

Prepared by: Universiteti Europian i Tiranes


(Europian University of Tirana)

Supported by: ISCOS Marche onlus


Tiranë, December 2008

Table of Content:

Introduction

Puproses of the study

Methodology of the Study

Activities of the Study

Results from the Study


Introduction

ISCOS Marche onlus has undersigned with Europian Community in Albania, the Grant
Contract no. 2008/153-512, for the accomplishment of the Activity named “Reinforcing the
capacities of Albanian Trade unions” ALBANIA.

The main Objectives of this activity forsee:

Support of the role and of the activity of the Albanian trade unions (BSPSH and KSSH) in order
to:
o Protect the laborers’ rights
o Improve their organizational model and their contractual activity
o Empower the logistical-organizational and didactical structure of Trade Union Centre for
Training and Studies (TULSA).

BSPSH, KSSH and TULSA are the main assignees of this project.

Among the main activities programmed in this project, results the accomplishment of a
Research which is planned to be finalized with a Summary Study concerning the actual
organizational scondition of the two Albanian Trade-Union Confederations and their
representative level.

This is above all essential to delineate the necessary organizational accordancies of the
trade-unions, in order to front the new reality of the country as well as to respond to the
demands of the representation of the Albanian laborers and retirees.

The study should be accomplished also by means of deep interviews with trade-union’s
leaders and laborers and the final pattern should represent all the country as well as the two
Confederations.

ISCOS Marche has selected Europian University of Tirana, by giving it the responsibility for
undertaking the study.

In accordance with the contract signed between the two parties, ISCOS Marche onlus, by
means of its representative has the responsibility of coordination of all planned activities.

Objectives of the Study

The study takes in charge the fulfilment of specific objectives such as:

) The actual organizational structure of the two trade-union organizations in Albania.


) To track the necessary changes on the structure in accordance and in conformity with
the institutional decentralization process and to expand the industrial structures and
services all over the country.
) Identification of the laborer’s and citizen’s perception over the two trade-union
organizations in Albania.

Methodology of the Study

The methodology of the study consists on the realization and usage of certain means and
instruments such as:

• Individual Interviewings (approx. 40) of:


o The main leaders of the two trade-union organizations (BSPSH and KSSH, about 32
indivuduals). This category has been thought to be divided in two levels:
a. Interviewings of the leaders of each confederation (BSPSH and KSSH)
b. Interviewings of the leaders of the Federations of the two confederations
o Citizens and employees
o The officials of the Albanian governement Institutions

• Discussion in Focused groups (3 groups of 60 persons in total)

The guidelines for the interviewings have been composed from the representative team of
the Europian University of Tirana in collaboration and coordination with ISCOS Marche,
which has used also its own expert of the organizational sociology.

1. Information of the Confederations leaders

In order to inform the main leaders of BSPSH and KSSH, the research team composed a
Collaboration Letter which was directed to the leaders of the two Confederations. This letter
has been discussed first with the Project Manager until a final version arised and after that it
has been directed to the Confederations Leaders.

2. Putting the first contacts for the interviews with the Leaders of the Confederations

The research group contacted the leaders of the two Albanian Confederations and
determined the rank of the interviewing process. This rank has been as follows:
ƒ At first have been interviewed the leaders of the two Confederations
ƒ After this the leaders of the Federations have been interviewed.
ƒ Third have been interviewed the regional representatives of the trade-unions
ƒ After this, came interviews with trade-union members of different occupations
ƒ Meanwhile have been performed the focused interviews and also the interviews with
representatives of government institutions

3. Elaboration of the interviews


At this step of the process we cannot leave without mentioning the willingness showed by
the leaders of the two confederations for bringing at the interviewers’ disposal the necessary
documentation, the required time for making the interviews, the announcment of the
federations leaders and creating the proper atmosphere for making normal and
proffessional interviews.
All the predicted interviews and the discussions with focused groups have been developed
on both trade-union organizations.
The research team would like to give special thanks to Mr. Kole Nikolla – Head of KSSH and
Mrs. Hiqmete Daja – high representative of BSPSH.

We also would like to thank all the other persons, despite their function, position or
representation level for responding with willingness to our request for being interviewed.
7. Interviews text content

Interviewing Guide for regional Trade-Union Representatives


(Apprx. 13 interviews for each Confederation)
General Records:
Name: _________________________________________________________________
Last Name: ______________________________________________________________
Age: ________________________________________________________________
Organization that you represent:________________________________________________
The position: _____________________________________________________________
Year of the election:_________________________________________________________
Education:________________________________________________________________
Profession:_____________________________________________________________

Specific Records:
1. A brief historical review of your Organization.
2. Which is the organizational structure of the Organization?
3. Which is the organizational structure of your regional Trade-union?
4. Which are the main duties of the Organization in a national level?
5. Which are the main duties of your Trade-union in a regional level?
6. Does the national Trade-union represents the regional/local Trade-unions?
7. Which are the financial entities and the rules of the deployment of the Organization’s
sources. The average incomes from membership.
8. How do the leading instances of your Organization are elected in a regional level?
9. Are the syndicalists dependant from the organizational Structure of the Organization, or
there do exist other systems that ensure the adjustment of the employment interrelations?
10. What kind of a contractual activity has your Organization accomplished until now at a
national level and you at a regional level?
11. What kind of changes have been predicted to be applied on the organizational
structure and on the role of the Organization itself; mention the objectives on which these
changes are based?
12. At your opinion with what means and manners can the contracts be developed at a
local level?
13. Which is your evaluation on the conditions of the syndicalist interrelations?
14. Which is your evaluation on the role and effectiveness of the national council?

Records on the number and typology of the laborers (political, technical) of the
confederation, number of applicants (divided in basis of confederation/ federation/
territory). Records on the syndicalism tax, balance sheet and status.
Interviewing Guide for Trade-Union Members
( 4-5 interviews in total)

General Records:
Name: __________________________________________________________________
Last Name: ______________________________________________________________
Organization where you participate:_________________________________________________
Residence: ___________________________________________________________
Name of the Employment Centre: __________________________________________________
Year of membership: ________________________________________________________
Education:_________________________________________________________________
Profession:______________________________________________________________
Reasons of membership: _____________________________________________________

Specific Records:
1. What is the organizational structure of your Organization?
2. Which are the main instances responsible for taking decisions of the Organization?
3. Which are the main documents of the Organization?
4. What is the role of the Organization where you participate?
5. Until now how has this Organization played its role?
6. Do you pay membership quotes?
7. If YES, how much do you pay as a membership quote?
8. Do you have any information regarding the usage of the financial sources of the
Organization where you participate?
9. Do you have a contract with your employer?
10. Do you have a contract with the Organization?
11. Are you aware if the Organization has a contract with your employer?
12. What contractual activity has the Organization accomplished until now?
13. What kind of changes have been predicted to be applied on the organizational
structure and on the role of the Organization itself; mention the objectives on which these
changes are based?
14. What are your interrelations with the regional and central Leaders of the Organizations
where you participate?
15. What are the relationships between your Organization and the other Trade-union
Organizations?
16. What is your evaluation on the condition of the syndicalist ineterrelations?
17. What is your evaluation on the role and effectiveness of the national council?
Interviewing Guide for the Federation Leaders

General Records:
Name: _________________________________________________________________
Last Name: ______________________________________________________________
Organization that you represent:________________________________________________
Position: _____________________________________________________________
Year of election:_________________________________________________________
Education:________________________________________________________________
Profession:_____________________________________________________________

Specific Records:
1. Brief hystorical review of the Organization
2. Actual organizational Structure of the Organization:
2.1. Which is the organizational structure of the Organization?
2.2. Which are the political instances of the Organization?
2.3. Which are the main duties of the Organizaton on a national level?
2.4. Does the Organization represent the regional/local trade-unions?
2.5. What are the technical functions that the Organization accomplishes?
2.6. Which are the financial entities and the rules of the deployment of the Organization’s
sources. The average incomes from membership.
2.7. How are elected the leading instances of the Organization?
2.8. Are the syndicalists dependant from the organizational Structure of the Organization,
or there do exist other systems that ensure the adjustment of the employment
interrelations?

3. What kind of contractual activity has the Organization accomplished until now?
4. What kind of changes have been predicted to be applied on the organizational
structure and on the role of the Organization itself; mention the objectives on which these
changes are based.
5. At your opinion in which way can be developed the contracts at a local level?
6. What are your interrelations with the Company’s Category?
7. What is your evaluation on the actual cindition of the syndicalist interrelations?
8. What is your evaluation on the role and the effectiveness of the national council?
9. What other institutional interrelations does the confederation undertakes?

Records on the number and typology of the laborers (political, technical) of the
confederation, number of applicants (divided in basis of confederation/ federation/
territory). Records on the syndicalism tax, balance sheet and status.
Interviewing Guide for the Confederation Leaders
(2 interviews for each Confederation in total)

General Records:
Name: _________________________________________________________________
Last Name: ______________________________________________________________
Age: ________________________________________________________________
Organization that represent:________________________________________________
Position: _____________________________________________________________
Year of election:_________________________________________________________
Education:________________________________________________________________
Profession:_____________________________________________________________

Specific Records:
1. Brief hystorical review of the Organization
2. Actual organizational structure of the Organization:
2.1. Which is the organizational structur of the Organization?
2.2. Which are the political instances of the Organization?
2.3. Which are the main duties of the Organization at a national level?
2.4. Does the Organization represent the regional/local trade-unions?
2.5. What are the technical functions that the Organization accomplishes?
2.6. Which are the financial entities and the rules of the deployment of the Organization’s
sources. The average incomes from membership.
2.7. How are elected the leading instances of the Organization?
2.8. Are the syndicalists dependant from the organizational Structure of the Organization,
or there do exist other systems that ensure the adjustment of the employment
interrelations?

3. What kind of contractual activity has the Organization accomplished until now?
4. What kind of changes have been predicted to be applied on the organizational
structure and on the role of the Organization itself; mention the objectives on which these
changes are based.
5. At your opinion in which way can be developed the contracts at a local level?
6. What are your interrelations with the Company’s Category?
7. What is your evaluation on the actual cindition of the syndicalist interrelations?
8. What is your evaluation on the role and the effectiveness of the national council?
9. What other institutional interrelations does the confederation undertakes?

Records on the number and typology of the laborers (political, technical) of the
confederation, number of applicants (divided in basis of confederation/ federation/
territory). Records on the syndicalism tax, balance sheet and status.
Interviewing Guide for government institution representatives
( 4-5 interviews in total)

General Records:
Name: _________________________________________________________________
Last Name: ______________________________________________________________
Institution:____________________________________________________________
Position: _____________________________________________________________
Duration of this position:_____________________________________________
Education:________________________________________________________________
Profession:_____________________________________________________________

Special Records:
1. What is your personal interrelation with the Confederation/Federation?
2. Which is the legal and sublegal frame that arranges the interrelations between the
government institutions and the Confederation/Federation?
3. Which is the organizational structure of the Confederation/Federation?
4. Which are the main duties of the Confederation/Federation at a national level?
5. What are the contractual interrelations between your institution and the
Confederation/Federation?
6. How are arranged the financial interrelations between the Confederation/Federation
and the government institutions?
7. How are elected the leading instances of the Organization?
8. What contractual activity has the Organization accomplished until now in collaboration
with your institution?
9. What kind of changes have been predicted to be applied on the organizational
structure and on the role of the Organization itself; mention the objectives on which these
changes are based.

Guiding Platform for the focused interviews

1. Do you know how many syndicalist Confederations are in Albania?


2. At your opinion how are they organized?
3. What is their role on the Albanian society? Why are they created and what do they
protect?
4. What is your opinion regarding the way the trade-union has accomplished its role?
5. Do you have any idea regarding their organization, electing procedures of respective
leadership?
6. At your opinion at what level is the interrelation of these Organizations with the
state/government?
7. How do you consider the role of the trade-unions on the relations with the employers?
8. Do you think that the government institutions do evaluate the interrelations with Trade-
Unions when negotiating regarding different problems and issues with the employers?
9. Can you mention some of the initiatives undertaken from the Trade-Unions for improving
the legal frame that is related with the working conditions of the employees?
10. Are the Trade-Unions affected from the politics? If YES, where is this expressed?
11. In what sectors do you think that there should not be any syndicalist organization; Why?
12. Should there be any Trade-Union for protecting the rights of the deputies, policemen’s,
militaries, magistrates, investigators, others?
13. What would be your recommendation regarding the improvements that syndicalist
organizations could apply:
a. Their internal functioning
b. Reinforcment of the role as an important actor in taking the decisions.
c. Interrelations with the government institutions
d. Interrelations with the employers
e. Interrelations between the Confederations
f. Interrelations with the civic society

Observations:
14. How do the trade-unions get financed?
15. How is accomplished the communication between the trade-unions and the labourers?
16. Who settles the syndical route related to the contracting with the enterprises?
17. How is organized the trade-union in the public and private enterprises?
18. By means of which methods do the trade-unions determine the number of their
members?
8. After the first interviewing phase, UET’s working group released an initial draft which was
submitted to the objections and observations of both trade-union organizations.In order to
achieve the final hand of the report, the UET working group in accordance with ISCOS
Marche, asked the two syndicalist organizations to offer written observations based on the
below scheme:

1. History and values of the organization (1 page)


2. Organization and structures ( inner democracy, the process of taking decisions from
the working places up to the highest mational level) (2 pages)
3. Vertical line of contracting ( in the public and private sectors) and horizontal line of
contracting (3 parties commitee at all leveles) ( 2 pages)
4. Interorganizational relations ( confederation-federations) ( 1 page)

STRENGTHS
Political successes and capacities of the representatives (education), interrlations with
other actors (state,employers, civic society), inner democracy, other successful fields (2
pages)

WEAKNESSES
Various aspects that need to be improved concerning the strengths. ( 2 pages)

Which are the weak points that the organization wants to emphasize in the report?
9. The final report was realized by using the outcoming results of the interviews and written
observations of the two organizations.

Results from the Study

Confederation of Albanian Trade-Unions – (KSSH)

1. History and values of the organization

KSSH is built upon volunteering basis , according to the concrete members’ convictions, as
well as from the needs of the employees to protect themselves facing the new social and
economical conditions. First steps of organizations have started by creating the syndicalist
councils on the working centers as well as the branch syndicates and the profesional
syndicates.

During the period of Februay-May 1991 was finalized the creation of syndicalist councils all
over the country and also were successfully held the Conferences of Federations for
different branch of professions.

On 5 June 1991, was held in Tirana the Conference for the foundation of the Confederation
of Albanian Trade-Unions. In this conference were present with their representatives all the
created Federations that wanted to be part of the Confederation.

One of the topics widely discussed during the Conference was the Program and the Statute
of the new organization that was being created. The decisions taken during the Conference
have a hystorical importance for the Albanian syndicalits movements.

The Conference came up with the decision to elect as a Chairman of the KSSH Mr. Kastriot
Muco and as a General Secretary Mr. Alfred Xhomo.

According to the basic documents approved by its leading instances, KSSH has the mission
to protect the rights and interests of the members base don our legsilation as well as the
rights and the interets of the employers as per the international conventions.

The main goals of KSSH are the preservation and development of a powerful, united, pluralist
and democratic National Syndicalist Organization. Full and freely chosen employment,
prosperity and better living standards for all the syndicate members, including ensurance of
the salaries and pensions as well as the adjustment of the working time.

Whole integration of the women in the syndicalist organizations and the active promotion of
the genitive equality in all levels structures responsible of taking decisions. Sustenance of the
young peoples’ rights for a decent job, education and training as well as their full
participation at all decision taking levels.

Some of the most important moments of KSSH’s acticity are as follows:


ƒ Founder Conference of KSSH held on June 5 1991
ƒ First Congress held on May 29-30, 1995 and eleceted as chairman Mr. Kastriot Muço
ƒ Second Congress held on June 24-25, 2000 and re-elected as chairman Mr. Kastriot Muço
ƒ Third Congress held on November 25-26, 2004. In this Congress was elected as chairman
Mr. Kol Nikollaj
ƒ The Statute Conference held on November 22, 2005. In this conference were made
important changes in the statute of the KSSH’s program.

Some important moments to be mentioned during KSSH’s activity are the agreements, the
institutional meetings with the Government. We would like to mention here the agreement
with Meta government on 2001. The Collaboration Agreement with Nano government on
15.04.2002. The Collaboration Agreement with Nano government on 05.05.2003. Institutional
Meeting with Nano government on February 2004.

KSSH and its Federations have payed a special attention to the connection and
collaboration with the world’s and europe’s syndicalist organizations, as well as the similar
organizations of different europian countries.

KSSH is a member of International Confederation of Free Trade-Unions, ITUC, and has


submitted the requirement and is in expectancy of entrance in ETUC.
Also the composing KSSH federations are members of International Secretariats of this
Confederation.

2.Organization and Structures

KSSH is composed from 12 Syndicalist Federations:

1. Federation of Syndicates of Schooling, Education and Science Employees


This federation includes the employees of the following Syndicates:
ƒ Syndicate of Preschooling Education (public and private)
ƒ Syndicate of Obliged Schooling (public and private)
ƒ Syndicate of General and Professional Middle School Education (public and private)
ƒ Syndicate of College Education and Educational Research and Science Institutions
(public and private)
ƒ Syndicate of Employees of Supporting Sectors of Educational System

2. Federation of Syndicates of the Albanian Industry Employees


This Federation includes the employees of the following Syndicates:
ƒ Syndicate of Employees of Electro-Energetics (public and private)
ƒ Syndicate of Employees of Industry of liberation and elaboration of metal and non metal
minerals
ƒ Syndicate of Employees of petroleum and gas (liberation, elaboration, merchandising)
(public and private)
ƒ Syndicate of Employees of Light metal-mechanic Industry (production and elaboration)
ƒ Syndicate of Employees of Informatics Technology and low currents

3. Federation of Syndicates of Employees of Civil Service and State’s Administration


This Federation includes the employees of the following Syndicates:
ƒ Syndicate of Employees of state Administration (local and central)
ƒ Syndicate of Employees of Public and civil services
ƒ Syndicate of Civil Employees of defense, of order and National Informativ Service (SHIK)
(no uniforms and no armament)
ƒ Syndicates of Employees of Counsel Services and Jurisprudence

4. Federation of Syndicates of Albanian Sanitary services


This Federation includes employees of the following Syndicates:
ƒ Syndicate of Employees in the Hospitaly and Ambulatory services (public and private)
ƒ Syndicate of Employees in the Hospitaly primary services
ƒ Syndicate of Employees of Stomatological Services
ƒ Syndicate of Employees of Pharmaceutical Services
ƒ Syndicate of Employees of Sanitary infrastracture Services (emergency, laundry, cooking-
room, Administration etc.)

5. Federation of Syndicates of Transport and Telecommunication Employees


This Federation includes employees of the following Syndicates:
ƒ Syndicate of Employees of Roadway Transportation and their connecting Infrastructure
(public and private)
ƒ Syndicate of Employees of railways transportation service
ƒ Syndicate of Employees of aerial and maritime transportation
ƒ Syndicate of Employees of postal service (public and private)
ƒ Syndicate of Employees of fix telephony and mobile telephony and their respective
services

6. Federation of Syndicates of Construction, Wood industry and Public Infrastructure


Employees
This Federation includes the employees of the following Syndicates:
ƒ Syndicate of Employees of public service infrastructure (water-supply, cleaning, art
objects etc.)
ƒ Syndicate of Construction Employees
ƒ Syndicate of Employees of Wood elaboration Industry
ƒ Syndicate of Employees of construction materials production (cement, bricks, Sindikata e
Punonjësve të prodhimit të materialeve të ndërtimit (cimento, tulla, tiles, glass, gypsum)
ƒ Syndicate of Employees of paper and typography

7. Federation of Syndicates of Employees of Textile, Confections and Handicraft Services


This federation includes the employees of the following Syndicates:
ƒ Syndicate of Textile Employees
ƒ Syndicate of Confection Employees
ƒ Syndicate of Employees of leather-shoes industry
ƒ Syndicate of Employees of Handicraft Services (barber, hair-stylist, sartor, shoemaker,
coloring etc.

8. Federation of Syndicates of Agriculture, Food, Forestry and Environment Employees


This Federation includes the employees of the following Syndicates:
ƒ Syndicate of Agriculture Employees
ƒ Syndicate of Forestry and Environment Employees
ƒ Syndicate of Farming and Fauna Employees
ƒ Syndicate of Fishery Employees
ƒ Syndicate of Production and Elaboration of Food Industry

9. Federation of Syndicates of Policy Services


This Federation includes the employees of the following Syndicates:
ƒ Syndicate of Employees of Order Policy
ƒ Syndicate of Employees of Prisons Policy
ƒ Syndicate of Employees of Municipal Policy
ƒ Syndicate of Employees of Fire-Department Policy
ƒ Syndicate of Employees of Security (private security policy for objects, persons, VIP
persons etc.)

10. Federation of Syndicates of Retirees and Unemployed persons


This Federation includes the retirees and the unemployed persons orhganized in the follwing
Syndicates:
ƒ Syndicate of the Intellectual Retirees
ƒ Syndicate of the Military Retirees
ƒ Syndicate of Retirees of other professions
ƒ Syndicate of Unemployed persons

11. Federation of Syndicates of Financial, Commercial, Banking and Touristical Services


This Federation includes the employees of the following Syndicates:
ƒ Syndicate of Commerce Employees (retail and wholesale)
ƒ Syndicate of Tourism Employees (hotels, restaurants, agencies)
ƒ Syndicate of Banking System Employees
ƒ Syndicate of Insurance System Employees

12. Federation of Syndicates of Press, Media, Culture & Sports Employees


This Federation includes the employees of the following Syndicates :
ƒ Syndicate of Journailsm Employees
ƒ Syndicate of Audio-visual Media Employees
ƒ Syndicate of Cultural & Sportive Employees

Organization Structure of KSSH

K S SH

Federatat Q arqet

Seksionet Sindikale Rrethet

Këshillat Sindikale

An ëtari i Sindikatës

KSSH is extended on 12 Regions, 36 Districts (horizontal structure)

1. Region of Shkodra (Shkodër, Pukë, M. Madhe)


2. Region of Berat (Berat, Kuçovë, Skrapar)
3. Region of Durres (Durrës, Krujë)
4. Region of Diber (Peshkopi, Mat, Bulqizë)
5. Region of Elbasan (Elbasan, Librazhd, Gramsh, Peqin)
6. Region of Korca (Korçë, Devoll, Pogradec, Kolonje)
7. Region of Tirana (Tirane, Kavajë)
8. Region of Vlora (Vlore, Sarande, Delvine)
9. Region of Lezha (Lezhe, Mirdite, Kurbin)
10. Region of Gjirokastra (Gjirokaster, Permet, Tepelene)
11. Region of Kukes (Kukes, Tropojë, Has)
12. Region of Fier (Fier, Mallakaster, Lushnje)

Resolvation instances of KSSH

The highest instance of KSSH is the Congress, which is convoked in regular sessions every 5
years.

KSSH’s congress approves the National Council, elects the Chairman and the Disciplinary
Judging and Controling-Revisioning Commission.

The National Council directs the Confederation’s activity in the period between the two
Congresses.

The Executive Commitee has the duty to follow up the execution of the National Council’s
duties, it also directs the daily activity, coordinates the activities of the syndical councils on
each district.

The Chairman of the Confederation has the main responsibility for Confederation’s activity,
he represents the Confederation during different activities, directs the meetings of the
Executive Commitee and National Council, etc.

In the working-frame of KSSH’s decentralization and reinforcement of the local structures, the
resolvation instances are making improvements. We notice here the fact that from 2008 on
the Executive Commitee of KSSH (one of the most important resolvation instances) have
been added also other 4 new members; 2 representatives of the districts, 1 respresentative
of women and 1 respresentative of young aged members.

This has affected the growth of transparency level and in the democratization of the
resolvation instances of KSSH

3. Vertical Contracting (in the public and private fields) and Horizontal Contracting (3 parties
commitiees in all levels)

Collective contracting between the employers and employees represented by the Albania
Trade Union Confederation, or its composing federations, has been and still is one of the
main priorities of KSSH’s activity.
By means of collectiv contracting, KSSH has increased its power by protecting the laborers in
an organized and collective way.

Collective contracting has stimulated the increasement of the laborers’ productivity on their
working places, because the laborers have felt more motivation to collaborate with the
employers by negotiating the working conditions, the salary, the safety, vacations and other
benefits.
The endorsement of the collective contract has helped the employees (members of KSSH),
to soften and solve different conflicts between employer and employees, because it is only
on these contracts that could be found the ways to solve the issues arised, in order to avoid
the social conflicts.

The collective contracting has served to KSSH to enable the envolvement of the laborers in
the executive process. The laborers from their side have had it much more easier to
negotiate by solving the problems on a collective way and not as individual complaints.

KSSH has used and stimulated the development of collective contracting also because this
process plays an important role for the society as it develops the social serenity, as well as
helps in creating an appropriate and favorable climate for the economical and social
development of the country.

KSSH collaborates and evaluates the collaboration between 2 or more parties at all levels,
but unfortunately this involvement is defective and almost inexistent on regional, districtual
and local levels. The KSSH’s attempts to provide a normal function of these structures has not
been successful because the state structures have been formal ore have taken everything
for granted, by leaving out this way the syndicate.

We have to mention here that the capacities of the syndicates on local levels are not
consolidated, unorganized and they do not have appropriate capacities to observe the
evolvements of the dialogue and partnership as per the required standards. This is a
weakeness that may be noticed in some professional syndicates specialy among those that
operate on the private sector.

KSSH aims the empowering of the collective contracting on the private sector , because the
number of expansion on this sector compared to the number of the employees is lower.

As per the interviewees, the collective contract finds difficulties in penetrating the private
sectors due to the high informality level and the grey market’s presence in the country.
Regarding this first structural element the KSSH leaders expose the antysindicalist behaviour
in the biggest part of the Albanian owners, even though lately has happened a light
change in some sectors where the creation of the Industrial Interrelations is being evluated
positively.

The situation in the public sectors is much more different, where the practice of contracting
in two levels (as per the working code requirements) is very consolidated

The National Labor Council and its functioning


The national Labor Council has a very important role in the implementation of tripartization.
The National Labor Council was created first on 1996 with the determined requirement of the
syndicates.

The National labor Council has the mission to preserve the social balance by means of
dialogue, discussions and conferences. Based on the studies and argues of the parties, an
understanding between parties should be accomplished. 4 representants of KSSH are
members of the National Labor Council and also some other members take part on its
composing commissions.

The National Labor Council aims to inspect all the main social and economical problems of
the country.

During its 12 years of existence the National Labor Council did not have a good functioning.
We must admitt that this important instance of the dialogue and partnership was mostly
formal and this can be proofed based on the follwing facts:

During these years the National Labor Council did not inspect vital social problems to our
country’s conditions like those related with: denationalization, salaries, inflation, social
ensruances, state budget etc. The employers and the employees have not been asked for
the denationalization issue and this has been the main reason for the multiple violations
ascertained in this field.

In the National Labor Council’s meetings it has been noticed the absence of the ministers
which are representants of this Council. The flaws approved in the National Labor Council
are reflected also on its specialized commissions, some of which have an inexistent activity,
which shows their formal nature.

Analog Councils with the National Labor Council could and should be created nearby the
departments and also in the regions. This is important because it is not sufficient that a
Council operates only at a national level, if the regional councils are not in function. It is very
important that the dialogue is extended on local and basical levels.

The regional Councils should be attended by the elected representants of the local
jurisdiction as well as by local organizations representants of employers and employees.

KSSH has clearly required and expressed, by means of its own National Labor Council’s
members, the right alternatives that will improve the NLC’s activity. But the government’s
respresentants attitude has not been at the mark to accept these alternatives. At the
contrary they have acted biassed by taking important decisions without consulting the
National Labor Council, which is the highest partnership instance in a democratic country.

4. Interorganizational relations, confederation-federation

According to its statute, KSSH, is created and is operating as a voluntary union of the
Syndical Federations of the professions and economy branches. From the organizational
point of view, KSSH is a confedereation of federations. Each federative unit has its statute
and is considered as a public juristical person.

It comes out from the interviews that the internal debate of the constitutional instances in
KSSH is always opened and respectful to the democratic principles that serve to guide.

The Syndical Federations of Economy Branches and of the Professions, are fundamental and
composing units of the Albania Trade-Unions Confederation.

For the most important issues of the confederative communions, such as the principles of the
Confederation’s foundation, its organizational structure, determination of the policies for the
syndical movement in general, election of the leading instances, membership fees, the
method of administration and benefit of the assets that the Confederation disposes, the
decisions are taken with consensus or in the Managing Council of the Confederation.

The communions of the councils and of syndical seccions that do not meet the conditions to
win the Federation status, are treated as Central Syndicates of the economy brach and of
the profession. These Syndicates have entrance in KSSH, with the condition that there are no
other Federations of the same branch and profession within KSSH. With the new
recomposition applied to the federations this problem is solved at the best manner of the
membership and functions.

The interviewees expose the decision taken from KSSH during its last congress regarding the
implementation of an organizational restructuring reform, in order to respond to the new
and complex dynamics of the production and those institutionals as well. This way started a
way, still unfinished, of the federations’ conjunction and of reinforcing the federal structures,
in order to make possible the accompaniment of the institutionnal decentralization process
taking place in the country. The first step is already taken with the statutes alteration. The
interviewees, specially the leaders of the federations, expose how the syndicate is facing
noticeable difficulties in penetrating the private sectors. According to these leaders, it seems
that this is related with the difficulty of having industrial interrelations that permit collective
contracts. Despite other things, they do expose how weak and almost inexistent are the
strustures of syndical services toward the laborers needs.

5. Strong points

Albania Trade-Unions Confederation (KSSH) is the most powerful syndicalist organization in


Albania. KSSH has protected and continues protecting the laborers interests such as : job
dismissions, raise of salaries, improvement of working conditions etc. These issues represent
the everyday working practice.

• KSSH is composed by 12 syndical federations, where in each of them operates a certain


number of syndicates (4-5) according to the professions included in the apposite
syndicate. The total number of the syndicates is 54. KSSH is expanded allover Albania and
has departments, based on the organizational structure, on 12 regions and on 36
country’s districts. This way KSSH considers the confederation as a value that
accomplishes the solidarity between laborers of different sectors.

• KSSH has 107 000 members and this membership is the biggest compared to all the rest of
the syndicates. The membership of the KSSH is the biggest one compared to the real
number of members of all other Albanian syndicates.

• KSSH reflects a democratical attitue on all the levels. The resolving process is transparent
and in most of the cases is based on the consensus.

• The last year’s reform of KSSH, related with the recomoposition of the federations and of
KSSH in general, has brought it near the phase of its whole consolidation. This has
affeceted and is still affecting in the improvement of the functioning of all
confederation’s structures from the center to the basic levels.

• KSSH has played an important role in minimizing the existence of the informality sector
and of the undeclared labor.

• The great power of KSSH has been clearly & visibly manifested by means of powerful
protests when the state or the employers have not reacted properly to the dialogue or to
other means of communication. There are many of these cases but here we can mention
the protests of the miners and of the metallurgy labors, for the offices, the electrical
power, increasment of the pensions, job dismissions, and many other problems afflicting
the society such as : the prices increasement, the unemployement, corruption, financial
and economical crisis etc.

• KSSH is member of the international syndicalist organizations and is trying to implement in


Albania the decisions taken by these organizations. KSSH supports the fact that the
international syndicalist solidarization is a value that now is already part of its history. KSSH
supports the entrance of Albania in the EU, because this way the laborers can
accomplish their rights for a decent job and also implement the Social Europe pricimples
in Albania.

• KSSH give ans continues to give a constant contribution for the improvement of the
legislation in general and of the labor legislation specifically.

• KSSH has collaborated and given e great contribute in its work with the government,
employers and other partners regarding the country’s development, and specially has
contributed in making work the social partnership.

• The collaboration with the civil society has been and still is very fruitful, the collaboration
fields are at the interest of the employers, and of all other country’s social levels that are
in need.

• KSSH does not hezitate to say « yes » to the collaboration and coordination of activities of
all social actors that work to soften the poverty, employing the unemployed persons,
elimination of the corruption, protecting the people in need, country’s democratization
and the integration in the europian family.

• By means of using its public communication tools like the newspaper « Pasqyra »,
announcements, leaflets, meetings in central and basic levels, other communication
tools of the media, KSSH has increased the transparency and its influence over the
members and the society in general.

• KSSH has evlauted and still evaluates the importance of the continuous training and
qualifying of the syndicalists and leaders of syndicates. Base don this KSSH has designed
its own education strategy : The Education Plan for the year 2009 which has already
started to be applied.

6. Weak points, aspects to be improved.

Based on the analyzis made on KSSH’s activity we can mention some weak points and some
directions concerning the improvement of the performance in the future.

Augmentation of the membership. The situation concerning the realmembership should be


clarified, at all levels and KSSH’s structures. This should be done based on the number of the
members that pay the qouta. Also should be clarified the number of the syndicate members
toward the number of the employed people.

The number of the persons that take part or support different syndical activities. A realistic
comparison should be done on all regions, districts and federations by using the same
method and the results can be used to make comparisons.

Regarding the augmentation of the membership; the scale of the direct communication
with the employees should be increased as well as their awareness for the organization in a
syndicate.

There should exist a collaboration also with the government instances as well as with the
employers in order to create a syndicate a syndicate where there it does not exist and to
refinforce it there where it already operates.

It must be exploited also the experience of the countries which are on the same levels as our
country. It’s time to speak only about real membership and not declarations about the
fellow travellers.

Improvement of the financial aspect. The incomes should not only be increased but also it
should be done a better job regarding the allocation of the incomes at the basis in order to
support the development of the syndical movement at this levels. It should be done a
systematic job from the syndicate members on all levels in order to increase the incomes
from the quotas.

It should be implemented and required thecorrect implementation of the Confederation’s


statute. Comparisons regarding the performance between regions, districts, federations
and/or small syndical units should also be done, in order to practice the solidarity and the
help toward each other.

Job analyzis and responsibilities. The relation and the collaboration between all structures
from the center to the basis as well between all federations should be functional. The
implementation of the new statute makes this process much more easier, so theoritically
now is very easy, but in practice there is no proper implementation.

Job presentation. Each federation, region, district or other structures should have ready at
any moment materials of their job where is presented all their syndicalist activity and the
problems. The information should be periodical every 6 months, or yearly and this should be
mandatory.

The aims for the future:


ƒ The increasement of the membership also by means fo the possible campaigns for trade-
union membership.
ƒ The extension of the syndicate also in the private sectors. For this purpose, is very
important the reinforcement of the industrial interrelations with the employers
organizations that are disposable for an improvement in this area. This process will result
also with an increasement of the collective contracts.
ƒ The growth of the role of the syndicate as a social partner in the design and the
implementation of the understanding agreements with the Government.
ƒ Improvement of the paymet policies by contributing in the reduction of the poverty,
opening of the new jobs, minimization of the fiscal fraude, contraband and corruption.
ƒ Improvement of the legislation and its approaching with the international standards
specially those europians for a decent job and social wealth.
ƒ The changes in the legislation and specially in the working code are favorable to the
syndicates and employees.
ƒ The decentralization of the competencies from the federations toward the instances in
the regions and districts.
ƒ The reinforcement of the syndical structures that operate in the basic levels
ƒ The alteration of the structures‘ financing scheme, by favouring the syndicalist movement
in the basic levels, thus in the regions and districts.
ƒ The increasement of the no. ofservices that the syndicate (confederation, federations)
should offer to the members (starting with the services of legal assitance).
ƒ Building the new syndical Councils
ƒ Increasement of effective membership (members with quota)
ƒ Continuous increasement of syndical qualifications.
Results of the Study

Union of Indipendent Albanian Trade-Unions (BSPSH)


History and values of the organization

The Union of Indipendent Albanian Trade-Unions, was decorated on February 2009 by the
president of the Republic with the order of the Golden Eagle with decretal no. 6050. This
decoration is dedicated to the efforts of BSPSH toward the freedom and the democracy, for
the true syndicalism in Albania, which could not be applied under the communist
dictatorship and the preservation of those symbols that in 50 years kept under the most
dispiteous dictatorship the Albanian people.

In order to rebuild the history of BSPSH, but specialy the one concerning its foundation, we
are publishing a text given to us by the BSPSH’s president Mr. Gëzim Kalaja.

“It is almost impossible to not talk about BSPSH without making a short hystorical of the period
before the democracy was born in Albania. In the years when the Albanian laborers knew
the syndicates only from that few and very inspected information that the Albanian
television broadcasted, under the direction of communist ideology that was dominating our
country.

By the end of the 80s the the economical situation in Albania was extremely desperate.

The totalitarian state, a heavy verminous machine, did not represent anymore an alternative
of political and economical development.

By the end of the decennial of the 80s, the Southern Europe was involved in the
democratical movements. The ex-communist countries like Hungary, Checoslovachia,
Romania, Poland etc. stood up against their communist governments for the union with the
developed world of the West. Poland had a serious influence on all Albanian laborers,
because there was born Solidarnost, the first East-Europian laborers’ trade-union. The fall of
the Berlin wall marked a great victory of the advanced forces that aspired the democracy.
The fall of the Berlin wall started since 1982 with the foundation of the democratic
movement of Solidarnost, leaded by its legendary hero of the working class movement, Les
Valesa. The reduction of the pressures between the two superpowers was leding the world
toward a new balance. In these changes and movements of the east countries of course
the main backbones were the youth and the laborers.

1990 had a very rough start. On July hundreds of Albanians headed to the foreign embassies
in Tirana. The dictatorship tried to hit, but the popular anger exploeds in Tirana, Kavajë,
Shkodër etc. The leaders of this democratic movement were the students of Tirana University.
The cause of these required changes were the difficult dormitory’s conditions on which the
students were leaving as well as the removal of the name of the dictator Enver Hoxha from
their University. Together with the students were also the intellectuals and the laborers. It was
only this reunion that brought to the knees the dictatorship and accept the pluralism.
The East-Europe influence could not pass without being noticed by the leaders of the
albanian workpeople, thus it was a must the collaborating with the students. The changes
were made possible only when the laborers were involved widely on these movements.
Initially the laborers supported powerfully the students’ movement as a solidarization sign,
but after that they became the main force that gave to all people the hope that the
democracy in Albania would prevail. It were precisely these solidarity and afterwards
organized movements that signed the foundation of BSPSH, which has been conditioned
and closely connected with the democratic movements of the beginning of the 90s in
Albania and also with the advance forces like miners with their indiopendent organization
that tagged the history of the democratic revolution on 1991. Year of the greatest historical
turn-round that on the same time brought the epocal change in Albania.

On the 4th of January 1991, as a result of the wild opression from the dictatorship, the bad
working conditions and an extreme poverty in the mine called “The Democracy” in Valias
exploded the first rebellion of the laborers of this mine. On the first day of the strike which was
the first protest ever in the history of the Albanian laborers during the last 50 years of the
communist regime was required:

1. Increasment of the salary by 100%


2. Total destruction of the Professional Communions that were the gears of the party in
power.
3. Improvement of the working conditions.
4. Expulsion of the communist administration.

On the 2nd day the mines of Tirana were also in strike. All the industry of cobbles mining was
paralized. In front of this heavy situation the Government was forced to fulfill the miners’
requirements.

This strike, already is part of golden history of the laborers movement in Albania. It teached
to the laborers for the first time what the protest means.

With the BSPSH foundation, the Indipendent Syndicate of the Albanian Miners (SMPSH),
becomes its main backbone and this influenced vigorously the creation of other professional
syndicates.

During the general strike on May of 1991, SMPSH played the main role for the victory of the
democratic forces of that time. On May 25th 1991, 49 miners of the carbonaceous area of
Tirana (13800 miners by that time) were immobilized on hunger strike undergrownd by asking
the resignation of the communist government and the realization of the 17 requirements
presented by BSPSH.

After a heriocal resistance of 11 days in this strike, on June 6th 1991, the communist
government was obliged to give the demissions . This undergrownd strike makes possible the
approach of the elections 3 years in advance and opens the way to the democratic forces
for taking the power.
For the extraordinary contribution in the democratic movement and in the laborers
movement, for the creation of western and modern type of indipendent syndicates in
Albania, the President of the republic of Albania has decorated SPMSH and 49 miners of the
hunger strike with the highes medal of “Democracy Torch”

The fight and the attempts for true democracy brought to the scene BSPSH. First was
created the initiator commission, which started vigorously its work and afterwards this
commission became the leading Commission of BSPSH.

In these conditions BSPSH’s leadership asked the solidarity from the other world’s syndicates.
Although it did not have such a great experience to settle and protect the freedom, the
rights and interests, the laborers started a quick foundation of syndicalist organizations on
each enterprise, factory, or other institutions allover Albania.

In order to express clearly the role and the indipendence of BSPSH we are going to quote
some text from the first BSPSH’s statute:
In the introduction part of the BSPSH’s statute in the constituent principles is ratified that:
“BSPSH solemny affirmed its indipendence related with the private and public employer,
government, parties or political groups. BSPSH aims to make reality the freedom of labor and
the right for employment.” The statute defines that: In BSPSH can adhere all the employees
that are employed in public and private activities, unemployed and retirees, without no
political or religion conviction distinctions.”

The beginning of the 1991 found out a fastly developing Albania. The protest and the
requirements resemble to a powerful and irresistible avalanche. The albanian cities, their
streets and squares are full of demonstrations agains the regime. The countryside did not
step aside too. The villagers exhausted from the labor in the co-operatives rasied against the
government. The BSPSH’s structures aim to get organized also in the rural areas.

On february 1991 BSPSH announces the starting of General Hunger Strike allover the country.
The students enter in a hunger strike in order to remove the name of teh dictator from the
university. BSPSH supports the strike and with the brotherly call “labor-students”, the main
squares were filled up by the citizens and laborers demonstrations, which brought the
overturn of the dictator’s monuments.

On Feb 20 1991 BSPSH comes out of law with the accusation of organization of the crews in
order to destroy the dictatorship’s symbols.

The general strike was announced and and 17 requirements were addressed to the
government. The published declaration of BSPSH says that: “The bureaucracy in the power is
covering the incapacity, the scarcity of the desire and the incompetence to arrange our
conditions, with calls and studies that are not, and will not be implemented. This obliged us
to use the strike as our ultimate weapon.” Over 250.000 laborers allover the country
interrupted the work on May. BSPSH expresses its decision to stay until the end in order to fill in
its requirements. Tirana, Shkodra, Kavaja, Korca, Vlora, Fier, Berat and Lac. Krasta, Batra,
Puka and the mines in Pogradec require persistently the solution of their requirements. A
peaceful demonstration started from the Aviation Field in Tirana and gathered about 100
000 laborers, that shook up the capital and the whole country.
The protests against the State Television for the malign desinformation, become part of the
syndicalist movement and also of the rest of the popular protests directed from BSPSH.

The miners in the Valias Mine, in Verdovë of Pogradec, in Elbasan start their own hunger
strike deep in the undergrownd tunnels, followed by the hunger strike of the Glass Factory
laborers as well as in some other places.

After the fatigue from the extremely long strike, economically poor and after an indifferent
attitude of the government the strike started to concuss. Standing front to this fact the
headquarter of the Tirana Miners decided to start the hunger strike undergrownd which
started on May 25 and it was followed afterwards by other mines. This strike continued until
the government gave the demissions and made possible the development of the election 3
years before the term.

Among other things the requirements that BSPSH and the striking syndicalist movement
posed were: the increasement of the salary and pensions, government’s warranty for the
meal-tickets, disclosure of the dictatorship crimes, the ratification of a law regarding
collective contracts, respectation of the syndicate’s freedom from the government,
protection of the laborers on the work, ceasement of the party’s organizations in the
enterprises etc.

Meanwhile in the requirements directed to the Popular Assembly, was asked that in the
project constitution that would be soon approved should be legally ratified the right for work
and strike, the care toward the leaving during the old age, caring for the diseases or loss of
the ability to work, special care for the invalids of the antifascist war, the right to get
organized into syndicates, the state should undertake the implemenation of the national
working standards and the CSCE standards, the cessation of the forced work.

This syndicalist movement has faced many attempts of sabotage and stumble by the forces
ijn power and also by the violence instances. Many of the syndicalist leaders were stopped
and mistreated by the police forces. Menwhile, feeling the strength and the power of the
media and in order to keep informed the membership with the necessary information, BSPSH
published its own newspaper “The Syndicalist” which would play a big role in the syndicalism
information.

The first edition of the Syndicalist would publish the editorial “With a labor liberated from the
dictatorship and a right reward for it, our hands know how to make what Europe does, so we
will know how to live like it.”

In a short time of 3 months BSPSH numbers 300 000 members.

Working in two directions:

First: organizing the structures of BSPSH toward its institutionalization;


Second: preparing its own alternative for the working legistlation like the Labor Code, the
collective contract, the right of syndical organization, the right for striking etc.
Being in front of a heavy political and social-economical situation the leadership gave the
idea of the necessarity to to restart the protests that led to a call for laborers’ general strike.
The general strike becomes dominant allover the country and drives the attention of the
worlds’ public opinion, specially the syndicalist one.
Under the big pressure of the syndicalists the government falls, the new elections came
close, which opened the gates of democracy in Albania.
Beside the institutional syndicalist organization in two plans (horizontally and vertically), BSPSH
started to work toeard the syndicalist education helped from the international syndicates
and organizations.

Organization and structures

The Union of the Indipendent Syndicates of Albania has these structures:

I. leading Forums of BSPSH

1. The President of BSPSH


2. Vice president of BSPSH

II.BSPSH’s resolvation instances

1. The President
2. The National Assembly of BSPSH
3. National Council of BSPSH
4. The Control-Revision Commission of BSPSH
5. The Commission of Statute’ Interpretation and Implementation of BSPSH

III. The executive instances of BSPSH (the Secretariat)

1. Vice President of BSPSH


2. The Secretariat of BSPSH for the organizational problems
3. Organizational Secretar + specialist
4. BSPSH Secretariat for the Public Relations + specialists
5. The Secretariat for International Relations + secretary
6. Education Department
7. The Press and Propaganda Department
8. Women’s Forum
9. Youth’s Forum
10. Labor Institution

IV. Regional Structure of BSPSH

1. Prefecture of Tirana
2. Prefecture of Shkodra
3. Prefecture of Peshkopi
4. Prefecture of Korça
5. Prefecture of Elbasan
6. Prefecture of Durrësit
7. Prefecture of Berat
8. Prefecture of Fier
9. Prefecture of Vlora
10. Prefecture of Gjirokastra
11. Prefecture of Lezha

V Local Structures are operating in 21 districts: Shkodër, Pukë, Peshkopi, Mat, Lezhë, Laç ,
Tiranë, Kavajë . Durrës , Krujë , Elbasan, Gramsh , Korçë, Pogradec, Fier , Lushnje,
Berat , Skrapar , Gjirokastër,Vlorë , Tropojë

VI The federative structures in composition of BSPSH

1. The Indipendent Syndicate of Albannian Education – Approved with the Court’s


Resolution nr. 4860 dt. 25.9.1991 – Affiliated in the Internationale (E.I)
2. The Indipendent Syndicate of Albanian Miners- Approved from the Justice Ministry on Feb
14 1991 – Affiliated in the Internationale (M.F.I) (I.C.E.M)
3. The Indipendent Syndicate of Albanian Sanitary – Approved with Court’s Resolution nr.
4755 dt. 29.9.1997 -Affiliated in teh Internationale (P.S.I)
4. Indipendent Syndicate of Albanian Telekom – Approved with Court’s Resolution nr. 3 dt.
8.6.1994 =- Affiliated in the Internationale (U.N.I)
5. Indipendent Syndicate of Railway Transport – Approved with Court’s Resolution nr.7/1 dt.
2.3.1991
6. Indipendent Syndicate of Telecommunicatio and Transport Employees – Approved with
Court’s Resolution nr. 3591 dt. 7.7.2004, Affiliatedd in the UNI
7. Indipendent Syndicate of Albanian Typographers – Approved with Court’s Resolution nr.4
dt. 10.4.1995 – Affiliated in the Internationale (UNI)
8. Indipendent Syndicate of Order and Civil Protection Employees – Approved with Court’s
Resolution nr. 3016 dt. 20.06.1997
9. Indipendent Syndicate of Albanian Civil Employees – Approved with Court’s Resolution
nr. 2973 dt. 17.9.2001
10. Aotonomous Syndicate of Agriculture, Food, Trade and Tourism in Albania - Approved
with Court’s Resolvation nr. 1875 dt. 4.4.2006
11. Indipendent Syndicate of Albanian Artists, Journalists, Sportists – Approved with Court’s
Resolution nr. 3817 dt. 15.7.2004
12. Indipendent Syndicate of Agriculture and Farming laborers – Aprroved with Court’s
Resolution nr. 3496 dt. 16.6.2006
13. Indipendent Syndicate of Wood Construction and Communal Services – Approved with
Court’s Resolution nr. 4825 dt. 23.9.1997
14. Indipendent Syndicate of Metalurgy and Mines – Approved with Court’s Resolution nr.
7787 dt. 12.1.1998
15. Indipendent Syndicate of Light Industry and Textiles – Approved with Court’s Resolution nr.
5429 dt. 24.10.1997 – Affiliated in ITGLËF
16. Indipendent Syndicate of Chemical – Approved with Court’s Resolution nr. 4009 dt.
20.11.1998
17. Indipendent Syndicate of Albanian Artists – Approved with Court’s Resolution nr. 748 dt.
2.3.2001
18. Indipendent Syndicate of Albania Energetics – Approved with Court’s Resolution nr. 751
dt. 6.3.2001
19. Indipendent Syndicate of Albanian Retirees- Approved with Court’s Resolution nr. 1506 dt.
12.5.2000
20. Indipendent Syndicate of the Construction employees and Public Labors of Albania –
Approved with Court’s Resolution nr. 7601 dt. 5.11.2007
21. The Indipendent Petroleum Syndicates Grouping composed by:
a. Indipendent Syndicate of Albania Petroleum – Approved with Court’s Resolution nr.
5569 dt. 26.12.2003
b. Indipendent Syndicate of Gorisht Petroleum – Approved with Court’s Resolution nr.
2887 dt. 14.4.1996
c. Indipendent Syndicate of Petroleum Laborersof Kuçova – Approved with Court’s
Resolution nr. 1614 dt. 15.4.2003

Members

The membership number of BSPSH, proven from the personal declarations, quotas or notarial
certifications by the beginning of 2009 is 83 847 members, which are having employing
relations in the enterprises.
During the last 5 years the membership of BSPSH preserves a number 55 000 members which
are retired during these years, or are unemployed because of economical reforms
(denationalization, restructuring). The general membership consists in 129 047 members.

Interorganizational relation (confederation – federations)

The Federation adhered in BSPSH has the right of representation in the National Council of
BSPSH with full titles. The Federation’s structure on the base, section or enterprises level (when
there is no section) has the right as e member of Region’s or Prefecture’s Council. By means
of its eleceted administration forums, BSPSH supports all the syndicalist activities of the
federations that are developed in the center or in different areas. BSPSH helps, coordinates
and implements the collaboration platform between the federative structures and BSPSH’s
strustures in regional and districtual level, internally and internationally.

BSPSH supports every federation that requires to represent its own social-economical
interests facing the local or central nomocracy.

By means of its administrative and researching personel, BSPSH supports and helps the
federations with researching and statistical programs, in order to implement the syndicalist
policies toward the labor market, reducement of the poverty, social encurances, health
ensurances and pensoin reforms.

BSPSH in collaboration with syndical sections, helps and follows up the contracting and the
implementation of the contracts of the II level, in the regions and in the districts by means of
its territorial structures. BSPSH helps, supports and organizes courses and seminars for the
syndicalist training and qualifying of the members chosen from the federations.

BSPSH supports and creates the conditions for the syndicalist activity by means of the central
offices and in the disricts within the financial possibilities of its budget.
Federation’s Obligations

The leading instances of the indipenedent syndicate (federation), have the duty to organize
and lead the National Council’s meetings and to inform regarding this fact the forums and
the apposite structures of BSPSH.

To inform perdically the leading instances of BSPSH for the structural changes, the problems
anf the conditions that syndical structures are having. Also every 6 months it should inform
the risponsible structures of BSPSH regarding:
a. the condition and the number of the syndical membership with quota
b. the changes in the elected membership of the syndical structures from the basis up to
the center
c. contracts of first and second level, following up the problems that come out from the
contracts implementation
d. each specific problem that is required from the forums and the BSPSH structures

Entrance in the international organizations

Regarding the entrance in the international organizations; BSPSH is a full right member of
ITUC and PERC. BSPSH is also a member that has the monitoring status nearby ETUC. BSPSH
keeps continuous relations and has mutual activities with ILO (The International Labor
Organization in Geneva) and with its regional offices in Budapest.

Vertical contract (in the public and private sectors)and horizontal contract(3 parties
committees at all levels)

Concerning the signed collective labor contracts and the number of employees covered
with these contracts we do inform that:

First Level contracts on the public sectors are:


• Education Syndicate, Sanitary & Hospitaly Services, Mines, Railways, Energetics, SAUT,
Artist Syndicate, Petroleum.
In the provate sector:
• Construction, Mines, Telecommunication, Tipography

Until the end of 2008 ans in the first 6 months of 2009, there have been registered under the
denomination of BSPSH and its syndical structures more than 250 contracts concerning all
economical branches nearby the local employement offices in the districts. This number
keeps getting bigger. The number of employees covered by collective contracts of the first
level is as 88% of the general employees that work in the state sectors. The number of the
employees covered by collective contracts of second level is as 52% of the overall
employees in this sector. The nhumber of the employees covered by first level contracts in
the private sector is as 15% of the overall number of employees employeed in this sector.

Concerning the 3 parties committees:


1. BSPSH is represented with 5 members in the National Labor Council, as well with the vice
chairman of the NLC
2. 1 Member in the National Employement Service
3. 1 Member in the Social Insurances Board
4. In all commissions of National Labor Council is represented with 1 member
5. In the local council of the locative labor offices
6. In the Reconciliation Office 1 member

In the National Assembly are represented all the authorized persons starting from the section
chairman up to the leading forums of each district and federation.

Strong Points

From the Interviews and from the written text we may rank the following strong points:
1. Being a present confederal organization allover the country or in the most part of the
productive sector
2. Being a syndical organization that has important contracting capacities in both levels
mentioned in the Labor Code
3. Being a representative organization within the 3party Council
4. Having an organnizational structure that is oriented toward the employed and the
student youth and the women that work
5. Having a structure of scientific research that supports the syndicalist research (The labor
institute)
6. Having a permanent training structure concerning the leaders at all levels and the
training of the new syndicalist staff.
7. Being active on the intenal process as well as in the process of Europian Association
8. The continuous representation with apposite delegations on the international
organizations.

Weak Points

1. Is too difficult to become members of the private sector, where the informality level is
very present.
2. Difficulties to involve the members in the syndicate’s activities
3. Difficulties in updating the leader’sin all levels regarding the new working techniques
4. Difficulties to sign contracts in the private sector. This depends from the lowly levels of
representation of the employers organizations.
5. Financial afflux difficulties are also present from the federations toward the
confederation.
6. The syndicalist training/education is depending generally from foreign donors.
Conclusions and recommendations

Entry

In order to achieve its conclusions, the research has undertaken a complex journey, that in
the end permitted us to have a range of data which have enriched even more the
panorama on which should be reflected, in order to come out with conclusions, and above
all settle a certain path on which the two examined subjects can decide indipendently to
follow, in order to improve their role as syndicates in Albania.

1. This ultimate chapter firstly rises from the researching team of the Europian University of
Tirana as well as from the continuous dialogue existing between the responsible
research person of UET and the coordinator of Iscos Marche project, which has put at
the researchers disposal the data from project’s activity. It has been specially taken
into consideration the estimations that came out from the attendees in the
organizational courses “Organization of the Trade-Union on local level: recruitment
and organization of the campaigns”

2. A further element to be considered during the reading of these final notes, is


represented by the fact that the conclusions should be considered from KSSH and
BSPSH as sources of building organizational policies (and not only) but also to have
knowledge on how to find the answer to the labor’s problems and albanian society

3. The way the researching team (but also Iscos as the charger of the study) red and
interpreted the albanian syndicates is composed by a wide range of considerations
based on the syndicates existence that (even though might seem very clear) its worth
to be mentioned even on this occasion in order to give an oportunity to the readers of
this study to build their own and indipendent judging frame.

Generally we have been guided by the following concepts (shortly ilustrating what do we
understand with “syndicate” and what does it mean “to build a syndicate”):
• The labor is not a swag “commodity”
• The mission of the syndicate is to correct the asymmetric report between the labor
and the capital
• The Syndicate represents an institution that offers protection in the working place (by
having its own structures in the working place) and protects the free and
unconditioned function of the labor market
• Its objective has always been, since from the start, to preserve and protect the salaries
and the working conditions from the competition (but at first place between the
laborers and also between the employers)
• Its fundamental actin manner is the collective contract (the individual contract
creates social inequality and competition between the laborers)
• Beside the working contract the syndicate should be placed as contracting object in
front of the institutions at all levels for all those extracontractual issues such as: the
security in the working place, the pensions, health, active working ploicies,
transportation etc. that permit a decent job and life
• The fundamental values of the syndicate are the solidarity, the social justice, the
equality (non discrimination, equal chances)
General conclusions

From a complex analysis it comes out that in Albania does not exist a wide perception of the
social benefit of the syndicate. The negation of the role and mission of the syndicate (up to
a violent antisyndicalist behaviour of some private soectors) is showed in a context that is
characterized by a strong ilegallity and informality of the economy, where dominates the
system of the small medium enterprises with a strong presence of the service sector
(specially the trade sector). In other words its an economy with a high presence of the black
labor where are dominating strongly all the elements of the informal economy (starting fom
the agricultural products up to the criminal economy)

From interviews taken from the subjects out of the syndicates, but also in some other
positions base don the syndicate analysis, it comes out that the syndicalist organizations in
Albania suffer from clear dificulties in afirming and accomplishing their role in the political
arena and more specifically, in the insutrial interrelations with the employers parties. Of
course these difficulties have different origins, it means that some are outside the syndicates
and they have a strong pressure and some others are within the syndicalist organizations.

Outer difficulties

• During the period after the end if the communist regime in Albania has dominated a
neoliberist vision (partially influenced by the financial international institutions) wehere
the concpet of the free market was at the centre of foundation of the albanian labor
legislation. But this is only a theortical approach as there does not exist a real labor
justice.
• The government take the important decisions concerning the labor and the laborers
without having a real social dialogue, concrete and continuous with the syndicates.
The main 3parties social dialogue institution, the National Labor Council, has a
relatively limited and marginal role. This manner of excepting the syndicate from the
political, economical and social decisions is continuous and according to some
interviewees this still goes on also in this period where the fluctuations of the
international economical crisis are evident also in Albania.
• Collective contract is complex because of the specific contracting model for each
enterprise, which has madi it very difficult the building of a stable system regarding the
industrial interrrelations in the service and private enterprises sector. In the private
sectors the number of the collective contracts signed between parties is very low. It is
much more extended the practice of individual contracts. Thus the level of the black
labor is very high.
• The administration of the labor market is almost informal without the touch of the
syndicate role within it. The 3 parties institutions that are predicted in the National
Employment Service have a role that is generally formal within the active employment
practices.

• In the lack of a pro labour law, it should also be added that the low confidence that
the public audience has in general toward the word “syndicate” is related with the
role that these organizations have had during the past regime.

• It has been noticed by the intervieweed persons a tendency, according to which


during the years the activity of the syndicates is weakened in the resolving processes
as well as a reduction of leading interventions with mass communications tools.

• It has been noticed a considerable influence of the political parties, specially of the
leading parties in the role that they are having during the resolvation process of the
syndicates. On the other side the separation and the actual political conflict, has
detained the blooming of the organizational forms of the so-called mid society.
Despite these it have been notices also some clan relations that in the end cannot be
considered differently bu forms of representing the interests.

• It is noticed an uncertainty in the administrative management of the assets inherited


by the syndicates sonce the times of the previous regime.

• From the analysis it is noticed that the organizational structure of the syndicates is
inapropriate and does not asnwer to the small medium enterprises system that
characterize the Albanian economy.

• It is also ascertained that the laborers, specially in the private sectors have difficulties
to distinguish the organizational levels of the syndicate by which they shold be
protected due to the lack of information.

Internal difficulties

The Syndicates declare that their action is becoming more complexed and difficult due to
the lack of the secure financial sources that should be continuous in time. This situation is also
the consequence of the fact that fees paid from the laborers are very often low because
their salaries are low. Some of the basic activities for the organizational development such
as the staff education is normally accomplished only by means of some financings that
come from abroad.

The civil society organizations, like the syndicates, are generally considered like an
“unenecessary” inheritance of the past regime. Today the individualism is considered like the
key of the success. Many laborers think that the problems should be resolved without other’s
mediation. This of course brings a certain complexity in the affirmation of the collective
representance activities.
All this can be translated as a low success in the syndicates’ activities for recruiting new
members in their organizations. This can be explained with the “fear” that many laborers
have from the reactions and the revenges of the employers’ side.

The syndical organization has difficulties to be realized because of the lack of an altruist
culture and a solidarity spirit in the actual albanian society.

The delay in the reforming process of the federations system of the productive categories in
order ot fit the requirements of the albanian productive system, makes it even more
problematic the presence of the syndicate in the strategic sectors of the albanian economy
(e.g. the banks, where still does not exist the confederative syndicate, as well as in the
insurance sector). Among other issues the syndicates do not have a literal experience in the
fields where the informal economy is present.

Noticeable difficulties for creating an athentical syndicate of the agriculture laborers are
also present in the rural areas. This is a consequence of many factors including here the fact
that is very difficult to find local comeptencies, keeping in mind also the high level of the
educated young people that are abroad albania in emmigration.

The syndicates have difficulties in a territoriaol level to identify among the laborers, persons
with a high level of skills and competencies that are specific to the contractual and
organizational type so they can be promoted as local leaders.

Because of a lack of sources, until now the syndicates have faced many difficulties
(organizational and financial) in order to offer real services to its own members and to the
laborers in general.

The high level of the undeclared labor even in the registered enterprises, makes very hard
the entrance of the productive sector laborers in the syndicates. This reduces from one side
the contracts of the laborers and on the other side limits the syndicalization level.
te njejten kohe limiton nivelin e sindikalizimit.

Recommendations

The main problem is represented by the fact that the two syndicates should resolve their
main issue of accomplishing a concrete and stable dialogue, above all the 3-parties
dialogue. This process can be realized by creating a mutual strategy along with the
employers organizations, which are diposed to work according to the law. Thus they should
be disposed to create the conditions to start the implementation of appropriate idustrial
relations system according to the actua country’s conditions. During this process the
syndicates may require ILO’s support.

A special role in this process of social dialogue system renovation, should have the process
of getting closer to the Europian Union. The Albanian syndicates should ask to their
government the intiation of an adjustment process according the labor’s regulations and
the fundamental documents of the Social Europe. In this process the two Albanian
confederations should require also the ETUC’s support and also the support of the other
powerful europian confederations.

From the inside of the social dialogue renovation practices, the syndicates should require
from the state to build specific tools of 3parties social dialogue also in the local level. This
may permit meaningful local developing processes, by means of building agreement forms
like is actually happening in some cuty, for some specifical themes.

From the organizational point of view, in order to achieve the reinforcement of the Albanian
syndicate is necessary to positively conclude the process of federations union as per the
categories and to create federations in those sectors uncovered by the syndicates. In other
words the Albanian confederations should deeply reflect on their representance and how to
respond the needs for protection to the Albanian laborers, by means of developing actions.

During this organizational rebuilding, it would be appropriate to take real and meaningful
decisions toward the organizational decentralization and establishment in the working
places. In order to achieve the installation of concrete and real contacts with the labors, it
would be necessary that the syndicates open functional offices nearby the places where
people do work. It is necessary that the syndicates organize for their own members a
participation system in the democratic life, by increasing this way the functioning level of the
democratic instances in all levels predicted by the statute. Specific activities should be
accomplished (like the offering of legal services) in those spaces where the contract is
denied to the syndicate, in order to constantly inform the laborers via special campaigns.

It is important also the reinforcement of all forms in order to ascociate in the syndicates the
young people and the women. First of all the syndicates should help these subjects to
understand the role and the importance of the syndicate to the laborers needs. On the
same time the syndicates should develope specific activites in order to increase the level of
participation in the social life.

Another essential element that increases the protecting role toward the laborers will be
represented by creating and offering a service system. Keeping in mind the unfavourable
conditions that are offered from the contract protection, the creation of legal offices should
be considered essencial.

Of course the syndicates should apply sustainable recruiting campaigns. This should be done
specially in those spaces on which it is not possible the collective contract.

It is recommended to start the practice of delivering the syndicates membership cards,


according to EU’s standards. This process besides proving the the formal correspondence to
an organization, is also an evident symbol of the organizationl identity. It would also permit
the building of a mebership registry. The delivery of the cards can be part of a small piece of
a recruiting campaign.

When a civil society has signs of weakenesses, the syndicate should play the role of a
subject that serves as a basis for creating networks of other subjects interested into the social
justice causes, nondiscrimination, peace, minority rights and the deflected society orders.
In order to make its reuirements more understandable, the syndicate should reinforce its own
communication system by means of using the constant and “simple” instruments like the
flyers. On the same time it should undertake communication strategies by using also
complex tools like the websites and the internet. Similarly it should be built concrete
communication strategies by using the medias.

The syndicates should reinforce by means of suitable training plans, according to the
international indices, the leadiing framework in all levels. A special attention should be paid
to the training of the young laborers and women, in order to supply them the necessary tools
to create syndicates in their working places. Attention should be paid also to teh laborers
that work in the enterprises where the syndicate is nont present.

The qualification of the syndical strategies should be realized via researches or specific
studies with syndical interest. In order to achieve this it is required that syndicated start to
create the conditions for agreements with public and private research institutes. This way it
can be made possible the evaluation of their job also like promoters of the studies and
researches.

All the recommendations done in this study will be feasible only if the albanian syndicates
will make possible a good disposal of the financial sources. Of course that it would be
necessary the further rationalization of splitting the sources between the horizontal and
vertical levels. A crucial point is related with the quality increasement of the capacities in
order to search suitable financial sources. It is specially necessary that the budgets should be
required on a project basis (for the organizational development, trainings, technological
renovation, offices equipment etc.) and the results should be easily verified.

Its is suggested that the different level balance-sheets in the albanian syndicates should be
certified and published to the audience. This way, the laborer members and the public
opinion are informed regarding the usage of the sources.
Results of interviewes with actors outside the syndicates

The results of intervirewed people out of syndicates, belonging to different origins, different
ages, employers or not, it is noticed in general a uniform opinion.

In general the questionnaired do not have sufficient knowledge on the albanian syndicalist
movement. Of course they do recognize the concept of the syndicate as volunteer union of
the laborers and they even mention the symbols of this movement like England, Sweden,
Denmark. According to the major part of the interviewed persons the syndicalist movement
is missing or it is developed in small steps. In general they consider the syndicate’s mission as
the “protector of the laborers”, but without elaborating further the meaning of the concept.

According to the interviewees, the paleness of the syndicalist movement in Albania can be
noticed:
ƒ In the lack of participation of the Albanian syndicates in the expected level, depth and
width of public spehere,
ƒ The inaccomplishment of their own objectives: the laborers protection

Most of the interviewees assert that they have lack of information regarding the syndicates
and their organizational structure (starting with the syndical council up to the
confederation). This comes as a result of the passivity to get self-commercialized, but also of
because the people in general are passive and indiferent.

An interviewed person assrets that she did not receive a strong feedback from
the syndicates so she can have a certain opinion regarding them. If you do not
raise your voice-she says-of course you will not be percepted.

It is also noticed that there is a lack of sufficient news in the electronic and written media, in
which should be express more intensively the syndicates activity.

As it can be seen from the interviews people do not deny their disregard toward the
organizations. There is an overall lack of massive optimism to be involved in the syndicalist
movement. Appearently the people are waiting that syndicates come close to them,
instead of the contrary.

One of the ascertained reasons is the perception of this movement in generally as formal,
not functional, conformist and not always to the protection of the laborers interests.

Qoutes from the interviewees:


“There is a degenration of the word “syndicate”.
“There is a lack of movement in the Albanian Syndicalist Movement. It should
move more in order to justify the name it has”.
A better coordination and collaboration between the syndicates is recommended. As we all
know “acting in union it can be far more better than acting alone”.

Part of the interviewees think that the Albanian syndicates are not left-winged, as they think
they should be, but right-winged. According to this group the ceredibility and the values of
the synicalist movement are not properly consolidated.

As for the possiblity of young people membership, it is noticed a passivity and indiference
that young people motivate with the words “to no purpose”

The interviewees suggest to the syndicates:


ƒ To get more visible in the public area,
ƒ To be part of the politics by being the party that offers protection to the laborers interests
ƒ To understand the role that they have and should have in this space

IV. Generalizations from interviews with the government institutions representants

During the last years there is a paleness of the syndicate’s role in the social-political
environment in Albania.
Generally the syndicates, or the syndicalist movements wether they are syndicates of special
economy branches like federations, regional syndicates or wide groupings into
confederations, are not so much present in representing terms and they not always defend
the laborers’ interests. The syndicates become visible and perceptible mainly in the
occasions that have to do with huge problems (accidents in the mines, hunger strikes for
salary issues, pensions or social ensurances, special status for different laborer’s categories;
massive job desmissal due to denationalization or changes of the ownership etc.), or in the
special eveniments that are directly and indirectly with the laborers (the dates on which they
organize manifestations or just some commemorative meetings)

In the first phase of the transition period (1992-2000) the syndicates grouped into 2
federations were more participant in the political and economical developements. They
had more active members, they used all the necessary pressure they could for protecting
the laborers’ interests in the sectors they were representing. Despite their division and their
political preferences and political orientations, the syndicates were more present when
lobbing for the composition of the laws that were closely related with the business, job,
social protection, pensions, salaries, vital minimum, prices, legislation, country’s developing
strategies etc. They had their own newpapers that in a certain way diffused their concepts
and requirements. They had some leaders that were generally noticed in the public, were
more present in the media and in the round tables ...., so in simple words, they were active
and real in their activities.

Many laborers seriously beleived that they could count on the syndicates for solving their
issues by actively participating in all the syndicates functioning processes, by paying the
quotaas and beleiving into their power.
After the 2000, it seems that the role and the poewer of the syndicates has diminuished even
more. There are less activities and their presence in the pubic is reduced. Their papers and
their editorials are actively present in the public. In the albanian society and in the mediatic
circle there exists a minor treatment of the messages, or differently said specific issues that
are related with the syndicates’ activities.

It seems like the albanian society is paling the pereception and the need for the syndicates’
role. The syndicates have not been powerfully present to speak with perseverance their
word and to impose their will and interests of the laborers that they represent in none of the
following occasions on which have been taken important decisions: financial and
economical area, business, budget, public investments, sectional developing strategies,
social policies, salaries and social insurance policies, labor legislation etc.
Even when they are present, it is not clearly understood how affective have they been on
the resolving process and if their consulting has not been a facade but a true necessity. It
seems like in Albania, the most important discussions and decisions are taken mostly from the
governement and the business/owners.

The main factors that are believed to affect this situation are ranked as below:
ƒ The misuse of the syndicates and their role like PPSH’s joystick during the 40 years of the
socialist system, created a sort of mistrust in their role on the market economy period
ƒ The engagement of many syndicate leaders in supporting different political groups
belittled their reputation as impartial and rigourous representants defending the laborers.
ƒ The transition from the big enterprises into an economical structure where the small
business is dominating, ruined the traditional syndicates’ structure. Meanwhile the
syndicates did not have any experience or finanial possibilities to make an effective
reorganization corresponding to this new period.
ƒ The high rate of informality that exists emong the albanian enterprises does not leave any
footway to make syndicalist organizations
ƒ The difficulties that many businesses face to afford the competitors and the low rate of
incomes of many laborers causes few financial sources at the syndicates’ disposal
ƒ Even the modest state’s contribution, the incomes from their own assets, membership
quota and donations from foreign projects and donators, it comes out clearly that the
albanian syndicates have very few financial options to help them operate normally
ƒ The syndicalist education still needs the support for building capacities, so that the entire
syndicalist movement in Albania can play properly its role.

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