References
Labour Code of Albania No. 7961 of July 12, 1995, as last amended by Law No. 10053 of December 29, 2008.
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Scope
Size of enterprises excluded (≤): 10
▷ There is no general exclusion of enterprises from the Labour Code.
Workers' categories excluded: employer's family members
Art. 5 LC
FTC regulated:
Art. 140(2) LC states that as a rule, the employment contract shall be concluded for an indefinite period. The contract of employment for a specified period must be justified by objective reasons or related to the temporary nature of the task. If the contract duration is not determined accurately by the parties entering into the contract, the contract shall be treated as the one of indefinite period.
Valid reasons for FTC use: objective and material reasons
The contract of employment for a specified period must be justified by objective reasons or related to the temporary nature of the task. If the contract duration is not determined accurately by the parties entering into the contract, the contract shall be treated as the one of indefinite period.(Art. 140 LC)
Maximum number of successive FTCs: no limitation
Maximum cumulative duration of successive FTCs: no limitation
However, after the contract period expires and the parties to the contract quietly extend its duration beyond the initial period, the second contract quietly extended shall be considered as a contract of indefinite duration. (Art. 149.2 LC)
Maximum probationary (trial) period (in months): 3 month(s)
Art. 142 LC
Excluded from protection against dismissal:
Art. 142 LC states that during the trial period, each party may terminate the contract by notifying the other party of its decision at least 5 days in advance.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: marital status, pregnancy, family responsibilities, race, colour, sex, religion, political opinion, nationality/national origin, age, trade union membership and activities, disability, financial status, exercise of a right, birth, fulfilling state duties
Art. 146 LC lists the above mentioned prohibited grounds of termination. Moreover, the law states that if the contract is terminated without cause, the employee has the right to sue the employer in a court of law within 180 days of the expiration of the notice. When improper motive has been discovered after the expiration of this 180 days period, the employee must file the claim within 30 days from the date of discovery of the motive.(Art. 146.1 LC)
Termination of the contract without cause is invalid. The employer has terminated the contract without cause, is obliged to pay the employee an indemnity up to a year in wages. For employees in public administration, where there is a final court decision to return the worker to his/hers previous job, the employer is required to implement this decision.
Art. 105/a(2) LC - Provisions on maternity protection in relation to the termination of employment
Art. 107 LC - on maternity protection and adoption
Art. 9 LC - general provision on prohibition of discrimination
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities
Art. 146 LC
Art. 105/a(2) LC - Provisions on maternity protection in relation to the termination of employment
Art. 107 LC - on maternity protection and adoption
Art. 9 LC - general provision on prohibition of discrimination
Notification to the worker to be dismissed: written
Art. 144.1 LC
Notice period:
Art. 143 provides with following minimum notice periods:
1. up to six months's service- two weeks' notice;
2.for more than six months up to one year-one month notice;
3.for more than one year of service to five years-two months' notice;
4.for more than five years of service-three months' notice.
Pay in lieu of notice:
The Labour Code does not explicitly provide with the pay in lieu of notice. However in case the employer does not notify the employer of the intention to terminate the contract at least 72 hours prior to the real notice- in order to set up a meeting and discuss the motives, the employer shall pay the employee an indemnity of two months salary, added to other possible remedies. Termination of the contract in violation of this provision remains valid. (Art. 142 LC)
Notification to the public administration: No
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned)
Art. 148.1 LC defines collective dismissal as a termination of employment by the employer for the reasons not related to the employee where the number of dismissals within 90 days is
(a) at least 10 in enterprises employing up to 100 employees;
(b) 15 in enterprises employing 100-200 employees;
(c) 20 in enterprises employing 200-300 employees; and
(d) 30 in enterprises employing more than 300 employees.
Notification to the public administration Yes
According to the Art. 148.2 LC the employer must notify the workers' representatives and the notice shall contain in particular the reasons for dismissal, the number of employees to be dismissed, the number of workers normally employed and the time frame during which it is planned to execute these dismissals.
Notification to trade union (workers' representatives) Yes
Art. 148.2 LC
Notification to workers' representatives: Yes
Yes, art. 148.2 LC
Approval by trade union (workers' representatives) No
However, art. 148.4 LC states that the employer shall notify in writing the Ministry of Labour and Social Affairs on the completion of the consultations with workers representatives.
Unless the parties have agreed, the Ministry of Labour and Social Affairs helps the parties to reach an agreement within 20 days from the date of the notice provided for to the relevant Ministry, unless the employer agrees to a longer duration. Ministry of Labour and Social Affairs can not prevent the collective dismissals.
Approval by workers' representatives No
However, the consultations are held with workers representatives within 20 days from the date of notice provided to the workers representatives. The aim of these consultations is finding a solution in order to avoid or reduce the collective dismissals and as well as to mitigate their consequences. (Art. 148.3 LC)
Priority rules for collective dismissals (social considerations, age, job tenure) No
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes
Art. 148.7 LC
Priority rules for re-employment No
tenure ≥ 6 months: 0 month(s).
tenure ≥ 9 months: 0 month(s).
tenure ≥ 1 year: 0 month(s).
tenure ≥ 2 years: 0 month(s).
tenure ≥ 4 years: 2 month(s).
tenure ≥ 5 years: 2.5 month(s).
tenure ≥ 10 years: 5 month(s).
tenure ≥ 20 years: 10 month(s).
tenure ≥ 6 months: 0 month(s).
tenure ≥ 9 months: 0 month(s).
tenure ≥ 1 year: 0 month(s).
tenure ≥ 2 years: 0 month(s).
tenure ≥ 4 years: 2 month(s).
tenure ≥ 5 years: 2.5 month(s).
tenure ≥ 10 years: 5 month(s).
tenure ≥ 20 years: 10 month(s).
mine workers: Yes
The employee who has been unjustifiably dismissed in entitled to a compensation, however there are some legal limits on this prescribed by the Labour Code. (Art. 146 LC).
: Yes
Art. 146.3 LC states that in the case of unjustified termination the employer is obliged to pay the employee an indemnity up to a year in wages, which are then added to the wage that he/she should get because of the breach of the term of notice.
Yes
Art. 146.3 LC states that in the case of unjustified termination the employer is obliged to pay the employee an indemnity up to a year in wages, which are then added to the wage that he/she should get because of the breach of the term of notice.
police: No
Art. 172 LC
Existing arbitration: No