COMMENCEMENT OF LABOR RELATIONS (EMPLOYMENT)
The employer employs directly the employee
The employer, to employ the employee, may use the state employment offices or private employment agencies.
Private activity of mediation at work for profit purposes is subject to the same rules that the Council of Ministers defines for the exercise of state activity mediation at work.
FORM OF EMPLOYMENT CONTRACT
1. The employment contract is concluded in written form. It may be changed in writing if the parties agree to do so.
2. The employment contract is concluded when the employee accepts the performance of a work or service for a fixed or indefinite period of time, within the framework of the organization and the orders of the employer and that, under these circumstances, it is carried out through payment.
3. The contract of employment must contain in particular:
- the identity of parties;
- general description of the work;
- date of commencement of work;
- duration, when the parties enter into a fixed-term contract;
- the duration of paid holidays;
- peroid of the notification for the termination of the contract;
- composition components of the salary and the date of granting it;
- normal weekly working time;
- reference to the collective contract in force;
- the probation period;
- types and procedures of disciplinary measures, if there is no collective contract;
4. For specific and justifiable cases, if the contract is not concluded under paragraphs 1 and 3 of this Article, the employer is obliged to conclude it within 7 days from the day of employment.
5. When the employee is required to work outside the Republic of Albania for more than one month, the employer, after receiving the consent of the employee, should give him a written document, which must contain the minimum information required in item 3 of this article, as well as additional information, as follows:
- the duration of employment abroad;
- the currency in which will be paid;
- if necessary, the benefits in cash or in kind for employment abroad;
- if necessary, the conditions governing the return of the employee.
- Information on the elements set out in the letters “f”, “e”, “ë”, “f” and “k” of paragraph 3 of this Article, if necessary, are given by reference to the provisions of this Code, decisions of the Council of Ministers or a collective contract.
DURATION OF WORK AND DAILY BREAK
1) The normal daily duration of work is no more than 8 hours. It is determined by a decision of the Council of Ministers, in the collective contract or in the individual employment contract, within the limits of the maximum weekly working time.
2) For employees under 18 years of age, the working time is no more than 6 hours a day.
3) Daily break is at least 11 hours without interruption within a day or in case of need for two consecutive days.
1) By night work is understood the work carried out from 22:00 to 6:00 in the morning.
2) Duration of night work and the work carried out one day before or after it must not be more than eight hours without interruption. They should be preceded or followed by immediate daily rest.
1) Each hour of work performed from 19.00 to 22.00 entitles an additional payment of not less than 20 percent.
2) Each hour of work performed between 22:00 and 6:00 interval entitles an additional payment of not less than 50 percent.
WORK ON SUNDAY OR IN OFFICIAL HOLIDAYS
Work performed on weekly rest days or official holidays shall be compensated with an additional payment of not less than 25 percent or a day off equal to the duration of the work performed plus an additional break of not less than 25 percent of the length of this work, taken a week before or after its completion.
ADDITIONAL HOURS DEFINITION
1) With extra hours it is meant every working hour carried out beyond the normal daily duration or maximum weekly working hour.
2) It is called additional hour, every working hour, performed over the normal time of part-time employee.
ANNUAL VACATIONS DURATION
1) The duration of paid annual leave is determined by the collective contract or individual employment contract.
2) The duration of annual holidays is not less than 4 calendar weeks during the current working year.
3) When the employee has not completed a full year of work, the duration of paid annual leave is determined in relation to the duration of the employment relationship. Temporary disability periods at work are considered as working time.
1) In case of marriage or death of his/ her spouse, his predecessor or his immediate descendants, the employee benefits 5 days of paid leave.
2) In case of serious illness of his predecessor or his / her immediate successor, certified by a medical report, the employee benefits no more than 10 days of unpaid leave.
1) The salary can not be lower than the minimum wage determined by the decision of Council of Ministers.
DURATION OF THE EMPLOYMENT CONTRACT
1) The employment contract is related:
- for an indefinite period;
- for a fixed period of time.
2) As a rule, the employment contract is concluded for an indefinite period. The conclusion of an employment contract for a specified period should be justified by objective reasons, related to the temporary nature of the duty, in which the employee will be hired. If the duration is not determined accurately by the parties entering into the contract, it is treated as a contract for an indefinite period.
PROCEDURE OF THE CONTRACT TERMINATION BY THE EMPLOYER
1) After the probation period, when the employer intends to terminate the employment contract, he / she must notify the employee in writing at least 72 hours before the meeting and talk to him / her.
2) During this conversation, the employer submits to the employee the reasons for the decision to be taken and gives him an opportunity to express himself.
3) The termination is notified in writing within a period of 48 hours to one week after the meeting.
4) This procedure is also applicable in cases of immediate termination of the contract.
5) An employer who fails to comply with the procedure laid down in this article, is obliged to pay the employee an indemnity of two months salary, which is added to other possible remedies. Termination of the contract in violation of this provision remains valid.
5/1. It is up to the employer to certify that the procedure laid down in this Article has been respected.
6) This provision does not apply in the case of collective dismissal.
PROTECTION OF PERSONALITY
1) The employer respects and protects in the employment relations the personality of the employee. 2) It must prevent any attitude that violates the dignity of the employee. 3) The employer is prohibited from performing any act that constitutes sexual harassment against the employee and does not allow such actions by other employees. Sexual harassment means any inconvenience that harms the psychological state of the employee because of sex.
The employer, during employment, should not collect information concerning the employee, unless such information relates to the professional skills of the employee or are necessary for the performance of the contract.
1) The employer keeps the register of employees in the enterprise.
2) The contents of the register is determined by the provisions of this Code and the decision of the Council of Ministers.
SAFETY AND HEALTH PROTECTION
1) The employer to prevent accidents and occupational diseases should clearly define the technical security rules.
2) The employer must pay the difference between the damage and the remuneration received by the employee from social security when the accident or occupational disease is the consequence of the employer’s gross guilt.
3) When the employer has not registered the employee in social insurance, he must bear all the expenses that the employee has made as a result of the accident or occupational disease, as well as all damages as a result of non-registration.
1) The employer is obligated to take care of the hygiene of the workplace. The employer, after consultation with the employees, must take the necessary measures against the particular risks posed by toxic substances and agents, machines, heavyweight transport, air pollution, noise and vibration as well as risks in some branches of the economy, such as construction, civil engineering, mining and chemical industries. The employer must place clearly distinguishable signals in any workplace, which poses a risk to the life and health of employees.
2) When working presents special hazards, the employer should organize medical visits for employment purposes and periodically at his own expense.
3) The special safety measures of health and protection are determined by a decision of the Council of Ministers
1) When collective protection measures are insufficient to protect the employee, the employer must make available to the employees, free of charge, personal protective equipment for protection against occupational hazards.
2) The equipment must be tested and cleaned before being given to the employee. They must be in good working condition at all times and located in areas protected from dust and other contaminants.
The employer must make available to employees drinkable water, at least 6 liters per day per person.
The employer makes available the dining room for employees with acceptable hygienic conditions when justified by the number of employees, the distance from the place of work or the way of organizing the work.
Employers are required to keep records of wages and payments of contributions actualized every month for all employees who work for them, and present these registers whenever requested by labour inspectors. Employers must keep a register to indicate for each employee the date of commencement of work, the duration of their holiday, the dates on which they are paid, and the salary paid for the paid annual vacations.
QUALIFICATION OF EMPLOYEES.
1) The employer must inform employees about the risks associated with work and must qualify the employees to comply with the requirements in the field of health, safety and hygiene.
2) The qualifications and information provided in the preceding paragraph are made during hiring and are repeated as needed, especially in case of changes in working conditions.
3) The employer must explain to the employees exposed to hazards the indispensability of the implementation of technical safety measures and hygiene.
23.GENERAL OBLIGATIONS OF THE EMPLOYER TO ENSURE THE PROTECTION OF EMPLOYEES IN ALL ASPECTS FOR THE NECESSARY MEASURES TAKEN BY
- prevention of risks for accidents at work and occupational diseases;
- information and professional training of employees and their representatives;
- organization of collective and individual protection;
- ensuring the organization of the workplace and the necessary tools.
2. The employer takes care of updating the measures provided for in point 1 of this article, taking into account changes in circumstances, to improve existing situations.
3. The employer implements the measures foreseen in letter “a” of paragraph 1 of this Article, according to the general principles of prevention, such as:
- avoiding risks;
- risk assessment, which can not be avoided;
- the fight against the risk at source;
- adapting the work process with the employees, particularly in terms of designing the workplace, selection of work equipment and work methods of production, in order to mitigate, in particular, uniformly repeatable work and normative work and reduce their effects on health;
- adaptation of the work process with the development of technologies;
- Replacement of what is dangerous to what is not dangerous or to what is less dangerous;
- undertaking preventive, comprehensive and coherent measures covering technology, work organization, working conditions, social relationships and the impact of factors related to the working environment;
- giving priority to collective protection measures in relation to those of individual protection;
- Providing appropriate instructions to employees.
4. The employer, without prejudice to the other provisions of this law, given the nature of the activities of the enterprise / institution, assesses the risks to the safety and health of employees, including the selection of equipment, chemical substances or preparations and the way of regulating the workplace, in accordance with appropriate protective measures.
5. After carrying out the assessment described in paragraph 4 of this Article and, if necessary, employers should:
- Ensure a better level of protection of the safety and health of employees;
- to integrate in the entirety of the activities of the enterprise and of the institution as well as at all hierarchical levels;
- consider the employee’s skills in the field of health and safety for every task assigned;
- hold consultations with employees and their representatives, with the object of planning the introduction of new technologies, noting their consequences for the safety and health of employees, the consequences of which are related to the selection of equipment, improving working conditions and the impact of environmental conditions;
- take appropriate measures to ensure that only workers who have received appropriate instructions to enter in high-risk and specific areas.
6. In the case of many companies employees use the same workplace, employers should:
- to cooperate in the implementation of the provisions on safety, hygiene and health, given the nature of the work activity;
- coordinate their activities with the protection and prevention of occupational hazards, by assigning a coordinator for safety and health;
- to mutually exchange information on these risks, to inform the relevant employees or their representatives.
7. Measures taken by employers on safety, hygiene and health at work do not have financial impact on employees.