Elements of Employment Law (2)

Employment -Albanian Law

•Legal Framework
• Albanian Constitution.
• Conventions governing employment matters as ratified by the Republic of Albania.
• Law no. 7961, dated 12.07.1995 “The Labour Code of the Republic of Albania”, as amended by
Law No. 136/2015 (“ALC”).
• Law no. 152/2013, dated 30.05.2013 “On the Civil Officer”, as amended (“Law on Civil Servant”).
Law no. 10237, dated 18.02.2010 “On Security and Health at Work”, as amended.
• Law no. 9634, dated 30.10.2006 “On Work Inspection”, as amended.
• Law no. 7703, dated 11.05.1993 “On Social Insurance in the Republic of Albania”, as amended.
Law no. 10383, dated 24.02.2011 “On Obligatory Health Care Insurance in the Republic of
Albania”, as amended.
• Law no. 10221, dated 04.02.2010 “On Protection Against Discrimination”.
• Law no. 9970, dated 24.07.2008 “On Gender Equality”.
• Law no. 108/2013, dated 28.03.2013 “On Foreigners”, as amended.
• Secondary legislation (i.e., decisions of the Council of Ministers and various instructions or orders
issued for the implementation of the above).
•Definition :
•According to Article 12 of the ALC, the employment contract is an
agreement in between the employer and the employee which regulates
their mutual relations and sets their mutual rights and duties.
 Types of employment contracts
•full-time and part-time contracts;
•limited and unlimited duration contracts;
•employment agency contracts;
•individual and collective employment contracts;
•home-based employment contracts;
•commercial agent contracts; and
•professional/internship contracts.
 Probationary period

•In case of individual employment contracts for indefinite period of

time, the first three months of work are considered probationary
period.
•A probationary period may not be imposed in cases where the parties
have entered into an agreement to perform the same work previously.
•During this period any of the parties may terminate the contract upon
at least 5 days written notice. Art. 142 ALC
 Form of employment contract
•As a general rule, employment contracts are concluded in writing,
however in specific cases when, for justified reasons, the contract has
not been concluded in writing, the employer must, within a period of
seven days from the date when the employee is hired, sign the
contract in writing. (Art. 21 of ALC)
 An employment contract must include at least :
a. the identity of the parties;
b. the workplace;
c. the general description of the job;
d. the date of starting the job;
e. the duration, when the parties enter into a contract of defined time
limits;
f. the duration of paid vacations;
g. the notice term to terminate the contract;
h. the constituent elements of the salary and the day on which it is given;
i. the normal working time per week;
 The employer’s and employee’s rights and duties
•Duties and liabilities of the employee Art. 22-31 of Labour Code
•Duties and liabilities of the employer Art. 32- 75 of Labour Code
 Minimum employment terms and conditions
•The employer shall observe:
• the non-discrimination obligation,
• the right of the employees to be organised in unions,
• the protection of employees that denounces corruption,
• the minimum age of employees,
• health and safety at work,
• Safety/protection of the employee personality,
• protection of pregnant women and the applicable facilities,
• minimal salary,
• overtime limits,
• annual holidays/paid leave,
• other permits/other paid and unpaid leave, etc
 Anti – Discrimination
•Article 18 of the Constitution of the Republic of Albania provides that, we are all equal before the
law. No one may be discriminated for reasons such as: gender; race; religion; ethnicity; language;
political opinions; religious or philosophical beliefs; their economic, educational, or social status;
or parental ethnicity.
• Exceptions are made in cases when there is a legal and objective reason for such
discrimination.
•Article 9 of the ALC provides that while exercising the right to employment and exercising their
profession, employees are protected against any form of discrimination as provided in the ALC or
any other sectorial legislation.
• + Law no. 10221, dated 04.02.2010 “On the Protection Against Discrimination”.
•With discrimination it is understood any difference, exclusion, limitation or prejudice based on gender, race,
color, ethnicity, language, gender identity, sexual orientation, political, religious or philosophical views,
economic, education or social status, pregnancy, parental affiliation, parenting responsibility, age, family or
marriage status, civil status, residence, health conditions, genetic predispositions, disability, living with
HIV/AIDS, affiliation with unions, affiliation to a special group, or for any other reason which aims to
prohibit the exercising of employment right equally to others and freedom of profession
 Termination of the employment contract
•A fixed-term employment contract is terminated upon the expiry of its term without the need for any prior
notice.
•An open-term employment contract is terminated when one party decides to do so and the procedure and
prior notice period has been respected.
•The Code provides that an employment contract can be terminated with or without cause.
•Procedure for termination (Article 144 of the ALC)
• Firstly, the employer should deliver a prior notification to the employee, requiring a meeting to discuss their intentions
to terminate the employment.
• At least 72 hours from the delivery of the notice, a meeting must take place in order to discuss the
intention of terminating the employment. In the meeting, the employee presents his/her counterarguments
(if any).
• If the employer fail to comply with such procedure of termination they might be liable to pay to the employee a
penalty equal to two monthly salaries.
• The decision for termination of the employment is notified in writing to the employee 48 hours to one week before the
date of the meeting
•Notice period
• During the first three months of employment, considered the probation period, each
party may terminate the employment contract upon a notification delivered to the
other party at least five days in advance.
• After the probation period, minimum notice periods to be applied in the case of
termination of an indefinite term contract by either the employer or the employee, as
follows :
• two weeks during the first six months of employment;
• one month for between six months and two years of employment;
• two months for two to five years of employment; and
• three months for more than five years of employment. (Article 143 of the
ALC)
 Termination for a reasonable cause
•There are circumstances where the law justifies immediate
termination for reasonable cause.
•The employer may dismiss an employee for a reasonable cause only
when the employee acted in a grossly negligent manner, especially
when he repeatedly violates the discipline and the instructions, in
spite of the warning of the employer. There are certain procedures
determined by the ALC.
 Lack of reasonable cause
•Termination of the employment contract by employer is considered to be of no
reasonable causes when it is: (Article 146 of ALC)
• based on the fact that the employee had genuine complaints arising from the employment
contract;
• based on the fact that the employee had satisfied a legal obligation (e.g. giving
evidence in court);
• based only on the employee's characteristics (such as race, color, sex, age, civil status,
family obligations, pregnancy, religious or political beliefs, nationality, social status);
• based on the fact that the employee is required to exercise constitutional rights; and
• based on the fact that the employee participates in lawful labor organizations and their
activities.
•If an employee is dismissed without any reasonable cause, he has the right to bring a
claim against the employer to court within 180 days, beginning from the day on
which the notice of termination expires.
• In the event that an employer is found to have had an unjustifiable cause discovered after
the expiration of this deadline, the employee has the right to start legal actions within 30
•According to the Art. 147 of the ALC, the employer cannot terminate the
employment contract on:
• employees benefitting from allowances for temporary disability from the employer or
Social Security Institute, for a period of up to one year;
• employees during the period of benefitting from the Social Security Institute, in the
event of maternity or adoption leave; and
• employees on vacation granted by the employer.
 Trade unions and collective contracts
•The right of employees to form trade unions is explicitly provided
by both the Labor Code and the 1998 Constitution, which, among
others, guarantee the right of strike.
•At least twenty persons are required to form a trade union.
•Trade unions can be organized in federations and confederations.
•The by-law of trade union should be deposited in the relevant
Ministry
•Collective contracts are permitted between one or more employers
on one side and one or more trade unions on the other.
•Union’s collective representation of employees should be formed
on the base of decision taken by the majority of employees.
Thank you!