Control Field

The purpose of labour inspection is to ensure the implementation of labour legislation by economic entities that exercise their activity in the territory of the Republic of Albania, in accordance with the procedures of carrying out labour inspections

Excluded from the scope of application, institutions or activities,

1. where the entry of the labour inspector puts the national security interest at stake;
2. all workplaces, where inspection of labour relations, safety and health at work are regulated by special laws.

In both cases, labour inspectors should be provided with authorization from the relevant institutions.

• decent working conditions,
• protection of employees in the exercise of their profession,
• legality in the implementation of working time,
• payment for work performed, in accordance with legislation,
• the insurance of every employee,
• hygiene and well-being in the workplace,
• lawful employment of children,

as well as on other issues that are closely related to the employment relations, have been part of the work in every controlled subject.

• for existing legal provisions and recently emerged, as efficient tools in daily work conforming to the law,
• for contract work as an agreement between the parties, which regulates the employment relationship and contains their rights and obligation.

• Inspection, control, counseling of employers and employees on the rights and obligations deriving from labour legislation;
• Identification of deficiencies or legal violations for any inspected workplace:
• Evidence of legal vacuum;
• Completion of documentation that presents and reports findings from inspection, interviews, obtained evidences.

At the conclusion of Inspection the group of inspectors compiles:

Record for the findings made during the inspection.

For the violations and findings contained in this record, the entity may file its written or oral disputes at the State Labour Inspectorate and Social Services within 8 days from the date of notification of this record.

Upon termination of this deadline, it is taken the final decision of inspection,for the performed control and submits a copy to the audited entity within a 5 day deadline.

Against Final Decision, compiled by the group of controlthe entity has the right to appeal for up to 30 days from the date of notification of this decision.

During the inspection process, the labour inspection team, according to legal violations found, has the right to take the measures:

1. Urgent measure of “Suspension” partial or all of the inspected subjects, documented with the findings found in the documents, “Inspection Record on the Spot” with the ascertained findings and “Interim Decision” which is notified within 24 hours. Against this measure the interested subject has the right to appeal specifically within 5 days from the date of notification of this interim decision. The special appeal is filed with the Chief Inspector who has authorized the inspection within 5 days. On this “special complaint” the latter is expressed within 6 days.

• Other measures used by the labour inspector are:

1. Warning
2. Fine
3. Legal violations with respective deadlines to be corrected.

At the end of the inspections, the Labour Inspectorate with conclusions and analysis of the inspection indicators as well as with recommendations reports to:

• Minister of Finance and Economy
• Central Inspectorate

Inspection of subjects that provide social, public or private care services focuses on the quality of care provided to beneficiaries, based on the DCM no.658 dated 17.10.2005 “On the Standards of Social Services in Albania” and based on the DCM on the standards of services according to the relevant service typologies, if these exist.

Inspection of subjects that provide social services is based on the annual plan and the monthly working program. The control program is prepared by the control group and approved by the Chief Inspector.

The control program contains:

• Identity of the service provider to be checked;
• The type of control to be exercised;
• The period for which the check will be carried out;
• Objectives that need to be realized.

Inspection is scheduled for each month and can be complete or thematic. In any case, prior to conducting the control, the head of the control group notifies the service provider for the start of the controi in writing, the purpose, and the objectives to be achieved. The notification is made no later than 3 days before the start of the inspection.

Inspection may be unannounced if there are alerts for abuses or legal violations by the respective institution / subject.

Alerts are considered:

• Written complaints of clients, who benefit from the services of the respective subject;
• Written notifications or other means of communication of interested persons to the entity’s activity, as this action has been assessed as inadmissible;
• Announcements or complaints, of any form, by public entities.
  

In residential service institutions, in accordance with the specifics of these services, inspections may be conducted even at nigh.

• Respect, treatment with dignity and protection of the rights of service recipients;
• Safety, welfare and care plans for beneficiaries;
• Criteria and documentation of acceptance of the beneficiaries;
• Service center staff documentation;
• Hygienic-sanitary conditions of the institution.

• Control and study of the documentation of the entity that provides service as data center capabilities, the list of beneficiaries;
• Questionnaire for the head of the center;
• Questionnaire for the social worker, members of the multidisciplinary group;
• Questionnaire for beneficiaries

At the end of the On-site Inspection, the group of inspectors drafts a verbal record for the findings made.

The control group compiles the draft report (inspection act) for the performed control and submits a copy to the controlled service provider who within a 5 working day submits his observations or objections to this project report.

If the final inspection report concludes with the evidencing and argumentation of the legal violation of the subject, the Directorate of Inspection of Standards of Social Services proposes one of the following measures:

• Suspension of the activity of the subject until the fulfillment of the relevant standards;
• Revocation of the license for performing the activity;
• In the case of serious violations or in case of repetition, the imposition of fines against the social services providers is subject to fines of 50.000 thousand lek up to 100.000 thousand lek and the suspension of the license.
• For violations by employees of public institutions the responsible entity is proposed to initiate disciplinary proceedings and to take measures, in accordance with the rules of the Labour Code or the law of civil servants, according to the employee’s affiliation.

The Directorate of Inspection of Standards of Social Services, when assessing that the elements of the offense are consumed by the responsible persons, makes the criminal report to the competent authorities.

At the end of the inspection, the Directorate of Inspection of Standards of Social Services For violations noted, the proposed measures and the recommendations given to improve the quality of service reports to:

• Minister of the Ministry of Health and Social Protection;
• The respective municipality, or other agencies as SSS, SAPCR, in the quality of the superior authority of the public entity that offers the service;

Individual or his legal guardian when he is an interested party or the initiator of the inspection.

Appeal for the final decision and the proposed measure can be appealed to the administrative route, provided by the Code of Administrative Procedure, within 30 days, but also in court.