Labor legislation

Labor protection

Albanian legislation requires employers to meet a variety of social rules contributing to the protection of employees at work. The Labor Code sets out employees’ rights in relation to non-discrimination (on the grounds of race, color, gender, age, religion or belief, political convictions, national or social origin, family connections, physical or mental disability, which prejudices the individual’s right to equal employment or treatment), gender equality in the workplace (employers must treat men and women equally, particularly as regards access to employment, working conditions, promotion and pay), health and safety at work (Employers are responsible for providing a safe and healthy working environment for workers), maternity leave (Albanian labor law provides protection for female employees during pregnancy time and maternity leave. The employer must guarantee facilities for them during the work hours, by providing special work conditions, work permit  35 days before giving birth and 42 days thereafter, protection against dismissal, etc. During pregnancy and maternity leave, female employees are protected by measures such as breaks during working hours, special working conditions, and a complete ban on working, the prohibition of night work), harassment, etc. Employers who breach these obligations face penalties.

The Labor Code lays down rules regarding the protection of the safety and health of workers. These include general principles concerning the implementation of preventive measures to guard against accidents at work and occupational diseases, consultation, balanced participation and training of workers and their representatives.

Termination notice period

The employer and his employees must respect the date about the termination notice period. The notice on the termination of work or contract varies depending on the seniority of the employee. If the employee has been working no more than a month in a company, the termination notice period is one month, two for two to five years of work, and three months for more than five years of work. During the probation period, each party may terminate the contract by notifying the other party at least five days in advance. Where employment relations are terminated due to factors not attributable to him or her, the employee is entitled to a seniority bonus and compensation for untaken leave and unpaid wages.

 

In case of accidents, employers are obliged to:

• Immediately notify the Inspectorate on all accidents at work and professional diseases;

• Provide the Inspectorate with all the necessary data related to the implementation of labor legislation;

• Report to the Inspectorate, on a yearly basis, on the number of employees and the address of activity.

In case of accidents or other issues at the workplace, the Inspectorate at first will issue a warning (if it’s necessary). If the problem is not solved after the warning, the Inspectorate may impose a fine (Inspectorate may impose a fine to the employer even without issuing a warning, depending on the case). The Inspectorate also has the competence to order the suspension of work, if the workplace doesn’t meet the required standards, provided by Albanian Labour Code.