Referencias
Labour Code of the Republic of Albania, Law No. 7961 of 12 July 1995, as last amended by Law No. 136/2015 of 5 December 2015 (published in Official Gazette No. 220 of 22 December 2015), which entered into force on 23 June 2016.
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Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
▷ There is no general exclusion of enterprises from the Labour Code.
Categorías de trabajadores excluidas: miembros de la familia del empleador, funcionarios publicos, magistratura
▶ Labour Code (LC)
→ Section 4 LC indicates that the following will be excluded from the application scope of this Code: the employment of persons which is regulated by a special law. Special provisions of this Code shall be applicable even for the persons whose employment is regulated by a special law, if the special law does not provide a solution to problems connected with the employment relations.
→ Section 5 LC provides that: Excluded from the application scope of this Code will be:
a) the activity restricted only to the exercise of the duty of the adviser or of the member of the administration body of the juridical person, which has the juridical form of a company, when this activity contains only the execution of the obligations stemming from this duty;
b) (repealed by Law No. 136/2015);
c) family jobs that are carried out by family members: spouses, children and their spouses, their predecessors, including adopted individuals, for as long as they share the same household with the employer, except for the cases where it is proved that the persons carrying them out are employees.
▷ Note: Point b) of section 5 in the current LC is repealed (the old “friendly, volunteering or neighbourliness” exclusion was removed in 2015).
CDD regulados: Si
→ Section 140(2) LC states that:
(1) The contract of employment is entered into:
a - for an undefined duration;
b - for a defined duration.
(2) As a rule, the contract of employment is entered into for an undefined duration. Entering into a work contract for a certain period of time shall be justified with objective reasons, related to the temporary nature of the work, where the employer shall be employed.
Failing to enforce this provision does not violate the validity of the contract but causes the liability of the employer, according to the stipulations in paragraph 2, section 202 of this Code.
→ Section 149/1 LC provides that:
1. The employer informs the employee employed through a contract of fixed duration of the vacancies and ensures to him equal opportunities with the other employees to be employed in a job of undefined duration.
2. The employer facilitates the employees with a fixed-duration contract and provides appropriate training to increase their skills, career development and mobility at work.
→ Section 149/2 stipulates that: Employees with a fixed-duration contract cannot be treated in a less favourable way than employees with an indefinite-duration contract, regarding the employment conditions, treatment and career opportunities at work. Employees with a fixed-duration contract enjoy the same rights, proportionally, as employees with an indefinite-duration contract.
→ In addition, section 173(1) states that: The collective contract is entered into for a defined or undefined duration.
Razones de utilización legítima de CDD: razones materiales y objetivas
Under section 140(2) LC, […] entering into a work contract for a certain period of time shall be justified with objective reasons related to the temporary nature of the work, where the employer shall be employed.
Número máximo de CDD consecutivos: sin restricción
▷ There is no explicit numerical limit on the number of successive fixed-term contracts. The limitation operates through the cumulative duration rule (see below).
Duración máxima acumulativa de CDD consecutivos: 36mes(es)
▶ Labour Code (LC)
→ Section 151 LC indicates that:
(1) When the parties have been bound on one or more successive contracts of fixed duration for not less than three years, the non-renewal of the final contract by the employer shall be considered as the termination of the contract of indefinite duration.
The fixed term contract between the same parties shall be considered as successive even in those cases when there is a short interruption, not longer than three months, after the termination of a contract and the conclusion of the other contract.
(2) When the contract is entered into for more than three to five years, the employee may terminate it after three years. In this case, the deadline notice is two months, and it is extended until the end of the second month. When the contract is entered into for more than five years, the employee may terminate it after five years. In this case, the deadline notice is three months, and it is extended until the end of the third month.
▷ After three years of successive fixed-term contracts, non-renewal by the employer is treated as termination of an indefinite-duration contract (with the corresponding protections and consequences).
Duración maxima del periodo de prueba (en meses): 3 mes(es)
▶ Labour Code (LC)
→ Section 142 LC indicates that:
(1) The first 3 months of work are considered a probation period, except in cases where the parties have entered into a contract to carry out the same work.
(2) The probation period may be reduced or removed by means of a written agreement or a collective contract.
(3) During the probation period, each of the parties may terminate the contract by informing the other party about its decision at least 5 days in advance.
Excluded from protection against dismissal: Si
▷ During the probationary period the ordinary dismissal procedure and protection against unfair dismissal do not apply. Either party may terminate the contract with only 5 days’ notice (§ 142(3) LC).
Obligación de motivar el despido: Si
Motivos autorizados (despido justificado):
Motivos prohibidos: estado civil, embarazo, responsabilidades familiares, raza, color, sexo, religión, opinion política, nacionalidad, edad, afiliación sindical y actividades sindicales, discapacidad, situación económica, ejercicio de un derecho, nacimiento, cumplir obligaciones cívicas
▶ Labour Code (LC)
▷ Termination without reasonable cause
→ Section 146(1) LC indicates that:
(1) The termination of the contract by the employer shall be considered without reasonable cause when:
a) The employee has claims that result from the contract of employment;
b) The employee has fulfilled a legal obligation;
c) It violates the prohibition of discrimination according to the stipulations in this code and in the special law for the protection from discrimination;
d) It is done for motives that are connected with the employee’s exercise of a constitutional right, which however does not lead to the violation of the obligations resulting from the contract of employment;
e) It is done for motives that are connected with the employee’s being or not a member of Trade Unions created as defined by law, or because of their participation in Trade Union activities on the basis of law;
f) The employee is a member of the steering body of the trade union and the employer does not have a motive to dismiss him;
g) The employee violates the rules for consultation with the trade union recognized as the representative, or with the employer on the transfer of the company and the collective dismissal;
gj) It is done in contradiction to the provision of paragraph 3, section 144 of this Code, related to the reasons for the termination of the work contract.
▷ Union activities and membership
→ In addition to subsections (e) and (f) of section 146(1), which provide protection to the employee for union membership and activities, section 181(4) LC indicates that: The termination by the employer of the contract of employment of representatives of the organization of the employees without the consent of this organization shall be invalid. The representatives of the trade union organisation may not grant their consent for the termination of the contract, as long as termination of the contract violates the principles of equal treatment or seriously aggrieves or makes impossible the normal functioning of the trade union. The request of the employer for granting the consent of the trade union organisation shall be responded to within 8 days by the respective body of the organisation. The employer may terminate the labour contract as long as the trade union organisation grants its consent or where the court determines the withholding of this consent ungrounded. Where the employer does not observe the procedure provided for in this paragraph, the termination of the labour contract shall be invalid
▷ Non-discrimination
→ Section 9(1 and 2) LC provides that:
1. Any kind of discrimination in the field of employment or profession is prohibited, as provided in this Code and in the special legislation on protection from discrimination.
2. “Discrimination” means any differences, exclusions, restrictions or preferences based on gender, race, colour, ethnicity, language, gender identity, sexual orientation, political, religious and philosophical beliefs, economic, educational or social situation, pregnancy, parental affiliation, parental responsibility, age, family situation or marriage status, civil status, place of residence, health condition, genetic predispositions, disability, living with HIV/AIDS, joining or affiliation with trade union organization, affiliation with a special group or any other cause, aiming at or a consequence to obstruct or make impossible to practice the right for employment and profession, in the same way as others.
▷ Pregnancy and maternity
→ Section 105/a(2) LC states that: In the cases when the employer terminates the contract, when the woman is working while being pregnant, or back at work after the child delivery, according to section 30 of this Code, the employer is responsible for certifying that the dismissal reason was not either pregnancy or child delivery.
→ Section 107 LC stipulates that:
(1) Invalid shall be the termination of the contract of employment announced by the employer in the period during which the woman pretends to benefit income from Social Insurance because of the child delivery or adoption.
(2) When the termination of the contract of employment is announced before the protection period, as defined by section 104, and the notice deadline still remains valid, this deadline shall be suspended during the protection period. The notice deadline restarts to be valid only after the expiration of the protection period.
Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores con responsabilidades familiares
▷ Certain categories of workers enjoy reinforced protection against dismissal. The strongest protection is granted to trade-union representatives (particularly members of the steering body), pregnant women, women on maternity leave or receiving related social-insurance benefits, and, more broadly, workers covered by the general anti-discrimination provisions (which include parental affiliation, parental responsibility and family situation).
▶ Labour Code (LC)
▷ Union activities and membership
→ Section 146(1) LC indicates that: The termination of the contract by the employer shall be considered without reasonable cause when:
e) It is done for motives that are connected with the employee’s being or not a member of Trade Unions created as defined by law, or because of his/her participation in Trade Union activities on the basis of law;
f) The employee is a member of the steering body of the trade union and the employer does not have a motive to dismiss him; […].
→ Section 181(4) LC states that: The termination by the employer of the contract of employment of representatives of the organization of the employees without the consent of this organization shall be invalid. […].
▷ Pregnancy and maternity
→ Section 105/a(2) LC states that: In the cases when the employer terminates the contract, when the woman is working while being pregnant, or back at work after the child delivery, according to section 30 of this Code, the employer is responsible for certifying that the dismissal reason was not either pregnancy or child delivery.
→ Section 107 LC:
(1) Invalid shall be the termination of the contract of employment announced by the employer in the period during which the woman pretends to benefit income from Social Insurance because of the child delivery or adoption.
(2) When the termination of the contract of employment is announced before the protection period, as defined by section 104, and the notice deadline still remains valid, this deadline shall be suspended during the protection period. The notice deadline restarts to be valid only after the expiration of the protection period.
▷ Non-discrimination
→ Section 9(2) LC (relevant grounds):
“Discrimination” means any differences, exclusions, restrictions or preferences based on […] pregnancy, parental affiliation, parental responsibility, […] family situation or marriage status […]
Forma de la notificación del despido al trabajador: escrita
▶ Labour Code (LC)
→ Section 144(1) LC indicates that:
(1) After the probation period, when the employer intends to terminate the contract of employment, he/she must inform the employee in writing at least 72 hours before the meeting and talk with him/her.
(2) […].
(3) In the written notification, the employer stipulates the reasons for terminating the contract, which are related to grounds such as the capability, the conduct of the employee or the operational request of the company.
Plazo de preaviso:
▶ Labour Code (LC)
→ Section 143 LC indicates that:
(1) After the probation period, to terminate the contract of undefined duration, the parties shall respect a notice deadline of two weeks when the employment relation has lasted up to six months, of a month for the duration of over six months up to two years, and of two months for the duration of more than five years.
(2) Repealed.
(3) The deadline notice to terminate the contract shall be extended up to the end of the month. The same rule shall be applied when the notification deadline is suspended during the period of disability to work or pregnancy (break at an inappropriate moment).
(4) When one of the parties terminates the contract without respecting the deadline notice, then the termination shall be considered as a termination of the contract with immediate effect.
(5) During the notification period, when the work contract is terminated by the employer, the employee benefits at least 20 hours of payable leave per week to look for a new job. The duration of the leave and the procedures for receiving and using it shall be stipulated in the collective or individual work contract.
▷ Notice periods by tenure (based on § 143(1)):
▻ tenure ≤ 6 months → 2 weeks
▻ tenure > 6 months up to 2 years → 1 month
▻ tenure > 5 years → 2 months
▷ Note: The statutory text as provided does not explicitly regulate the notice period for service between 2 and 5 years.
Indemnización sustitutiva de preaviso: Si
▷ The Labour Code does not explicitly refer to pay in lieu of notice. However, failure to respect the pre-termination consultation procedure under section 144 triggers specific compensation:
▶ Labour Code (LC)
→ Section 144(5) LC indicates that: The employer failing to respect the procedure provided for by this section shall be obliged to pay the employee a damage compensation equal to a salary of two months, which is added to other possible damage compensations. The termination of the contract contrary to this provision shall remain invalid.
▷ In addition, if the notice period itself is not respected, section 143(4) treats the termination as an immediate termination (with the corresponding consequences under §§ 154 and 155).
Notificación a la administración: No
▷ No general obligation exists to notify or obtain approval from the public administration or workers’ representatives for individual dismissals. Specific consultation obligations apply only in the case of collective dismissals (§ 148(2) LC).
Notificación a los representantes de los trabajadores: No
▷ No general obligation exists to notify or obtain approval from the public administration or workers’ representatives for individual dismissals. Specific consultation obligations apply only in the case of collective dismissals (§ 148 LC) or when the employee is a trade-union representative (§ 146).
Aprobación de la administración publica o de organismos judiciales: No
▷ No general obligation exists to notify or obtain approval from the public administration or workers’ representatives for individual dismissals. Specific consultation obligations apply only in the case of collective dismissals (§ 148 LC) or when the employee is a trade-union representative (§ 146).
Acuerdo de los representantes de los trabajadores: No
▷ No general obligation exists to notify or obtain approval from the public administration or workers’ representatives for individual dismissals. Specific consultation obligations apply only in the case of collective dismissals (§ 148 LC) or when the employee is a trade-union representative (§ 146).
▶ Labour Code (LC)
→ Section 148(1) LC provides that: The collective dismissal from work shall be considered to be the termination of labour relations by the employer for reasons that have not to do with the employees, when the number of dismissals from work within 90 days is at least 10 for the enterprises employing up to 100 employees; 15 for the enterprises employing over 100 up to 200 employees; 20 for the enterprises employing over 200 employees.
Notificación a la administración Yes
▶ Labour Code (LC)
→ Section 148(2) and (3) LC indicates that:
(2) When the employer plans to execute collective dismissals from work, he/she is obliged to inform in writing the employees' organisation recognized as the representative of the employees. In the absence of this, the employer informs his/her employees through advertisements put on the workplace, which can be easily seen. The notice shall especially contain the reasons for dismissal from work, the number of employees to be dismissed, the number of employees normally employed, as well as the time during which it is planned to execute these dismissals. The employer submits to the Ministry of Labour and Social Affairs a copy of this notice.
(3) The employer makes consultations with the employees' organization, recognized as the representative of the employees, for the purpose of reaching an agreement. In the absence of this, the employer gives the opportunity to the employees to participate in the consultations. They are made in order to take measures to avoid or reduce the collective dismissals from work and to soften their consequences. The consultations are made within 30 days, starting on the day of notice as defined by point 2 of this section, except in the case where the employer accepts a longer duration.
Notificación a los sindicatos (representantes de los trabajadores) Yes
▶ Labour Code (LC)
→ Section 148(2) and (4) LC provides that:
(2) […]. The employer submits to the Ministry of Labour and Social Affairs a copy of [the] notice [to the employees' organisation].
(4) The employer informs in writing the respective ministry concerning the completion of the consultations and sends a copy of this notice to the concerned party. If the parties have failed to agree, the respective ministry helps them to reach an agreement within 30 days, starting from the day of notice as defined by this point, except for the case where the employer accepts a longer duration. The Ministry of Labour and Social Affairs can by no means stop the collective dismissals from work.
Notificación a los representantes de los trabajadores: Yes
▶ Labour Code (LC)
→ Section 148(2) LC states that: When the employer plans to execute collective dismissals from work, he/she is obliged to inform in writing the employees' organization recognized as the representative of the employees. […].
Acuerdo de los sindicatos (representantes de los trabajadores) No
▶ Labour Code (LC)
→ Section 148(4) LC (last sentence) provides that: The Ministry of Labour and Social Affairs can by no means stop the collective dismissals from work.
Acuerdo de los representantes de los trabajadores No
▷ Consultations are mandatory; however, the agreement of the workers’ representatives is not required for the dismissals to proceed.
▶ Labour Code (LC)
→ Section 148(3) LC indicates that: The employer makes consultations with the employees' organization […] for the purpose of reaching an agreement. […] They are made in order to take measures to avoid or reduce collective dismissals from work and to soften their consequences.
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) No
▷ No statutory provisions were found in the examined legislation in this respect.
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...) Yes
▶ Labour Code (LC)
→ Section 148(7) LC provides that: The employer shall give priority to the reemployment of the employees dismissed from work for reasons that are not related to the employees, if he/she employs employees of comparable qualifications.
Reglas de prioridad para la re-contratación No
▷ No statutory provisions were found in the examined legislation in this respect.
Severance pay:
▷ The Albanian Labour Code provides for a single seniority-related reward (shpërblim për vjetërsi). It is payable when the employer terminates the contract, provided the employment relationship has lasted at least three years (§ 145 LC).
▷ The amount is at least 15 days’ salary for each complete year of service (i.e. half a monthly salary per year).
▷ The right is lost if the termination is immediate and based on justified (reasonable) causes.
▷ Additional compensation may be due in cases of unfair/unjustified dismissal (up to one year's salary under § 146(3)) or procedural violations in collective dismissals (up to 6 months’ salary). These are not severance pay in the strict sense.
▶ Labour Code (LC)
→ Section 145 LC:
(1) The employee will benefit from the seniority-related reward if the employer terminates the contract, and the labour relations have lasted not less than three years. The employee will lose the right to the seniority-related reward if his/her dismissal from work is of immediate effect and based on reasonable causes.
(2) The seniority-related compensation equals at least the salary of 15 days of work for each complete working year, which is calculated on the basis of the wage existing at the end of the termination of labour relations. If the wage is changeable, the reward will be calculated on the average wage of the preceding year, and it will be indexed.
(3) The seniority-related reward shall be added to the reward, which is given in the case of the termination of contract for reasonable causes, or in the case of the termination of contract of immediate effect for no reasonable cause.
tenure ≥ 6 meses: 0 mes(es).
tenure ≥ 9 meses: 0 mes(es).
tenure ≥ 1 año: 0 mes(es).
tenure ≥ 2 años: 0 mes(es).
tenure ≥ 4 años: 2 mes(es).
tenure ≥ 5 años: 2.5 mes(es).
tenure ≥ 10 años: 5 mes(es).
tenure ≥ 20 años: 10 mes(es).
Redundancy payment:
▷ There is no distinct redundancy payment. The same seniority reward applies to terminations for economic/operational reasons (both individual and collective).
tenure ≥ 6 meses: 0 mes(es).
tenure ≥ 9 meses: 0 mes(es).
tenure ≥ 1 año: 0 mes(es).
tenure ≥ 2 años: 0 mes(es).
tenure ≥ 4 años: 2 mes(es).
tenure ≥ 5 años: 2.5 mes(es).
tenure ≥ 10 años: 5 mes(es).
tenure ≥ 20 años: 10 mes(es).
mineros: Si
▶ Labour Code (LC)
→ Section 146(2)–(3) LC indicates that:
(2) If the contract is terminated for no reasonable cause, then the employee has the right to sue the employer in court within 180 days, starting from the day on which the notice deadline has expired.
(3) The termination of the contract for unreasonable causes shall be invalid. The employer who has terminated the contract for unreasonable causes is obliged to pay the employee damages that may amount up to the salary of one year, which is added to the salary he/she shall receive during the notice deadline. As concerns the employers of the Public Administration, where there is an irrevocable court decision on returning to the same workplace, the employer is obliged to execute this decision.
→ Section 155 (3) and (4) LC provide that: […].
(3) In the cases of the immediate and unjustified termination of the contract of employment by the employer, the court, after having assessed all the circumstances, shall decide to oblige the employer to pay the employee damages that equal to not more than the salary of a working year. With regard to the employees of the Public Administration, when there is an irrevocable decision on returning to the previous workplace, the employer is obliged to execute this decision.
(4) If the contract is terminated without justified grounds, the employee is entitled to sue the employer at the competent court within 180 days from the day when the work relations are terminated. In the case when the unjustified motif is revealed after this time limit has expired, the employee submits a claim within 30 days from the day when this motif is revealed.
: Si
▶ Labour Code (LC)
→ Section 146(3) LC indicates that: The employer who has terminated the contract for unreasonable causes is obliged to pay the employee damages that may amount to up to the salary of one year, which is added to the salary he/she shall receive during the notice period.
→ Section 155(3) LC provides that: In the cases of the immediate and unjustified termination of the contract of employment by the employer, the court, after having assessed all the circumstances, shall decide to oblige the employer to pay the employee damages that equal to not more than the salary of a working year.
Si
▶ Labour Code (LC)
→ Section 146(3) LC indicates that: The employer who has terminated the contract for unreasonable causes is obliged to pay the employee damages that may amount to up to the salary of one year, which is added to the salary he/she shall receive during the notice period.
→ Section 155(3) LC provides that: In the cases of the immediate and unjustified termination of the contract of employment by the employer, the court, after having assessed all the circumstances, shall decide to oblige the employer to pay the employee damages that equal to not more than the salary of a working year.
Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo):
▷ The statutory ceiling is one year’s salary (§§ 146(3) and 155(3) LC). The court determines the exact amount within this limit after assessing all the circumstances of the case.
▷ This compensation is additional to:
– Salary for the notice period (or compensation in lieu) under section 144(5), and
– The seniority-related reward (severance) under section 145 LC, if applicable.
directores/ gerentes: No
▷ Generally not available for private-sector employees. For public administration employees, an irrevocable court decision ordering reinstatement must be executed (§ 146(3) LC).
policía: No
▷ There is no mandatory pre-litigation conciliation requirement for individual dismissal disputes under the Labour Code.
▶ Labour Code (LC)
→ Section 172 LC (and related procedural provisions) provides that: Individual labour disputes are handled by the ordinary courts of general jurisdiction.
Arbitraje: No
▷ The Labour Code does not provide for arbitration as a general mechanism for individual dismissal disputes. Arbitration may be available only if the parties have agreed to it in a collective agreement or individual contract, but it is not a statutory avenue for ordinary unfair dismissal claims (§ 165 LC).
Duración del procedimiento:
▷ No statutory provisions were found in the examined legislation in this respect.
Carga de la prueba: empleador
Procedural burden (specific and clear)
▶ Labour Code (LC)
Under section 105/1 (2) LC, in cases where the employer terminates the contract, when the woman is working while being pregnant, or back at work after the child delivery, according to section 30 of this Code, the employer is responsible for certifying that the dismissal reason was not either pregnancy or child delivery.
→ Section 144(5/1) LC indicates that: “It’s up to the employer to prove that the procedure [procedure for employment contract termination by the employer] provided for by this section has been respected.
Note: This requirement, however, only covers the pre-termination consultation procedure (72-hour written notice of the meeting, the meeting itself, and the subsequent written notification of the decision). The employer must prove that this procedure was followed. Failure to do so triggers a fixed compensation of two months’ salary (plus other possible damages).
▷ No information was found in the examined materials in this respect.