Based on Law No. 10433, dated 16.06.2011 “On Inspection in the Republic of Albania” and Law No. 9634, dated 30.10.2006 “On Labour Inspection”, as amended, the Labour Inspector imposes two types of administrative penalties:
Main administrative punishment: Warnings and fines are included here
If the labour inspector ascertains that the employer has not applied the legal provisions on working hours, rest days, official holidays, compulsory social and health insurance contributions for all employees, as well as the safety and health conditions at work, he is warned to take action (Article 32 of Law No. 9634, dated 30.10.2006 “On Labour Inspection”, as amended.
Fines and their values are set forth in Article 202 of the Law No. 7961, dated 12.07.1995 “Labour Code of the Republic of Albania”, as well as in Article 33 of the Law No. 9634, dated 30.10.2006 “On Labour Inspection” as amended.
- Violation of Articles 9,10, 39 (first paragraph), 40, 41, 43, 44 (second paragraph), 68, point 3, 69,75, 98, 100, 101, 103, 108, article 181 points 3, 5 and 7 letters “a”, “b” and “c”, 184-186 provided for in the Labour Code, shall be fined up to fifty times the minimum monthly salary.
- Violation of Articles 21 (third and fourth paragraphs, fifth paragraph), 32 third paragraph, 32/1, 33, 34, 36, 38, 42, 70-74, Article 78, items 1, 2 and 3, 81, 83, 84-87, 90 (second and third paragraphs), 91-96, 99 items 1, 105 / a, 111, 116, 119 (second paragraph), 80 (second paragraph) 139, 140, item 2, 148 item 7, 165 item 1, 167, 193, 193, item 2, 197/2 item 3 of this Code are punishable by a fine of up to thirty times of the minimum monthly salary.
- Violation of Articles 26 (fourth paragraph), 44 (first paragraph) and 49 (fourth paragraph), Article 50, are punishable by a fine of up to twenty times of the minimum monthly salary.
- For those violations of labour legislation which are not included in the above provision, the labour inspector imposes a fine of 10-50 times of the minimum wage but always in accordance with the principle of proportionality. (Therefore assesses the violations and the consequences to render the punishment with the aim of achieving the goal and minimizing the infringement of the interests of the subject of the inspection).
- In cases of non-notification within 24 hours of accidents at work, resulting in death or serious accidents, the labour inspector imposes a fine of 100,000 (one hundred thousand) ALL.
- When the labour inspector is denied or obstructed in performing the duty, the entity is sanctioned from 10,000 to 100,000 (one hundred thousand) ALL.
- Any violation is punishable by fine. If the violation is repeated or to the detriment of several employees, the total amount of fines given no greater than 5 times of the maximum fine.
- The labour inspector, in the determination of the fine, considers the repetition of the violation, its duration, the degree of damage and the number of employees affected by this violation.
Based on the Law No.121 / 2016, dated 24.11.2016 “On Social Services in the Republic of Albania”, Article 49, item 2, letter “a”, the Directorate of Inspection of Standards of Social Services, in case of severe violations or, in case of repetition, the placement on the providers of social care services, proposes a fine from 50.000 thousand ALL to 100.000 thousand ALL.
Referring to Article 49 of Law 121/2016 “On Social Services in the Republic of Albania” the Directorate of Inspection of Standards for Social Services proposes one of the following measures:
- Suspending the activity of the subject until the fulfillment of the relevant standards;
- Revocation of the license for exercising the activity;
- In the case of serious violations or in case of repetition, the imposition of fines from 50.000 thousand ALL to 100.000 thousand ALL and the suspension of the license will be imposed on the providers of social care services.
- Violations by employees of public institutions are proposed to the responsible unit to initiate disciplinary proceedings and to take measures in accordance with the rules of the Labour Code or the law of the civil servant according to the employee’s affiliation.
Additional administrative punishment
Additional administrative punishment: urgent measure (suspension of work) which is taken in case of finding informal employment and if the continuation of the activity constitutes immediate, serious, inevitable danger to the health and safety of employees and its evacuation is necessary from the workplace.
Urgent measure is taken by an interim decision and is notified to the subject within 24 hours.
The deadline for appeals
The urgent measure will be appealed separately within 5 days to the Regional Chief Inspector, who takes a decision and notifies it within 6 days from the submission of the complaint.
Against the findings ascertained and monitored in the inspection record, the subject disputes these findings within 8 days from the date of the notification of the record and submits them to the regional branch and they become part of the inspection file.
To the final inspection decision, the subject within 30 days from receiving the final decision, complains to the Fines Appeal Commission, which within 30 days reviews the appeal and takes a decision.