Serious engagement to solve the problems according to the Collective Agreement
Report from the meeting of FSASH/SPASH leaders
with the Minister of Education and Science

Requested by the leaders of  both education trade unions, Mr Xhafer Dobrushi and Mr. Bajram Kruja, a meeting was held on Thursday, the 6th of September, with the Minister of Education and Science, Mr Genc Pollo, where it was discussed about important problems that have to do with the protection of the social economic interests of the teachers and the progressive development of the education system in our country.

On behalf of the members they represent, the leaders of the trade unions informed the Minister about the numerous activities that these organisations have organised and are organising and introduced to him the following requests:

On the 1st of August 2007, The Court Decisions Executing Office, without warning, supported by the police forces and the pretenders for former owners of the building, entered by force in the premises of the Headquarters of KSSH and BSPSH, where there where also the offices of both education trade unions. In the presence of the employees of FSASH they broke by force the door of FSASH Office, meanwhile the door of SPASH was broken without the presence of anyone.
These violent actions were followed by the destruction of the work desks, computers and of all the communication system and the documentation. Since then we are in the street and we have no possibility to work. Representatives of the governmental administration have promised to provide a limited number of offices for both Confederations, and within this framework, always if it happens, no office is appointed to none of the education trade unions, but maybe a desk and a chair. Their argument and pretension that the trade unions are property owners, is not at all true for the education trade unions, because none of them posses any property. Some properties given to the trade unions are not in Tirana, but in some other citiesand they are possessed and administrated only by the confedeartions, BSPSH and KSSH.

Under theses conditions, Mr. Minister, we appeal to you to look for the possibility of providing two offices, one for each education trade union, in any place of your choice, in order for us to restart our activity. This is not mandatory for MASH, but in each Collective Agreement that we have signed, also in the  Collective Agreement in power, the Ministry takes the commitment to help us with work premises. This is also an international practice. If You will provide two offices for our unions, International Education, EI, and other partners, can help us furnish them.

2.
Solving the problems raised recently, regarding the payment of the remuneration for the teachers who are being retired, according to the Collective Agreement

In each Collective Agreement that both education trade unions have signed since 2001, is sanctioned that, with the suggestion of both trade unions in central level, for the teachers,who are going to retire are given up to two salaries. This achievement is also included in the Collective Agreement in power, signed on 4 July 2006, article 8, point 13, where it is said: “With the written authorization from the trade union signatory of this Collective Agreement, the teachers that retire, profit up to two monthly salaries, within the annual budget planed for each administrative unit”.
This practice is also implemented during 2006 and continues to be implemented.
But, with the approval of the Decision of the Council of Ministers on the Special Fund, among others, it is said that each employee, except from 10.000 leke reward in the end of the year, can’t be rewarded any more during the year. According to this Decision, the Economic Centers of some municipalities and communes, started to refuse the payment of the remuneration awarded to those teachers that adhere to trade unions and retire.
First of all, we have to explain that, according to our practice, the trade unions don’t give to every teachers two salaries, but often it is awarded also only one and, in special cases, even half a salary, according to the estimation of this teacher from his employer, from the trade union, and depending on the budget in disposal, on his activity and his contribution to the implementation of the reformation and modernization of the education.
Second, this right won for over three years, is guaranteed by law, concretely in the Labour Code and can’t be removed with any other decision or act.
Third, the reward of up to two salaries for the teachers that retire isn’t in no way connected to the Decision of the Council of Ministers on Special Fund, because this Decision is about distinguished employees that continue working and have good performance, that’s why they can be rewarded with only one salary, otherwise, in our case, we are in front of a totally different situation, we have not to do with an employee, but with a teacher who is going to interrupt definitively the working relationships and retires.
The solution could be realised through a joint Instruction of the Ministry of Education and Science, Ministry of Financ and both education trade unions, FSASH and SPASH,

3.
Implementation of the Collective Agreement items which need Decisions of Council of Ministers.

In order to implementat the articles 8/7.a and 8/7,b of the Collective Agreement, MASH and FSASH/SPASH sholud work together, making a joint proposal to the Government, in order to increase the remuneration payment of 2 % per year also further to 25 years and to pay the qualification remuneration up to 25 % for those who have more than 25 years working experience.

In addition, in this moment, a big inquietude for us is the problem of the collection of the membership fee through the payment list. Both trade unions have prepared the documentation in perfect accordance with the request of the law, concretely with the article 117/2 of the Labour Code and the article 181, point 7, “c”, of this Labour Code.
But some Economic Centers, and Majors of municipalities and communes, with absurd pretensions, not at all legal, doesn’t acept to make the needed operations for collecting and trasferring the membership fee income for the trade unions.
This practice works fine in some regions, but in many of them we encounter numerous obstacles. What we request is that Educational Directorates help us that Economic Centers of the municipalities and communes make the legal operations, stipluated by Labour Code and Collective Agreement.
To this aim, we are trying to organize meetings with the majors of the municipalities and communes in 8 prefectures, in order to discuss problems related to the social partnership with the trade unions. For this it is indispensable that:

It was a constructive discussion. The Minister appreciated what that trade unions are doing, not only to protect their members, but also to have a direct impact to the progressive development of the education system in Albania and expressed his engagement to solve the problems amd meet the demands, according to the items of the Collective Agreement.
The Minsister pointed out the necesity of a better collaboration between Educational Directorates and trade union sections in the distrcits, especially regarding the vocational training of techers. He accepted the request of the trade union representatves that the Collective agreement be object of explanations and clarifications in a special workshop, with participation of Edcational Directorates representaives and leadres and other employees, including local governments representatives.