White Book Albania 2013
SPECIFIC ISSUE
RECOMMENDATIONS
(1) Whilst the Albanian Labor Code does provide for a list of reasons that are defined to be ‘without cause’ for purposes of dismissal of an employee which are beneficial for employers, these reasons are broadly and often unclearly interpreted. Such broad interpretation has been taken by the courts in the use of their discretion which has tended to favor the employee in many cases.
(1) Albanian Labor Code to clarify those stated ‘without cause’ reasons, and/or courts to offer a much more objective and reasoned interpretation of the stated reasons with regard to causes for termination of employment to avoid unjust compensation of employees.
(2) Law no. 10237 dated 18.2.2010 “On Health and Safety in Work Premises” have vague provisions for some obligations (e.g. the requirements of a company doctor) for the employers which need to be clarified in corresponding secondary legislation.
(2) Secondary legislation to be approved in order for the companies to have clear understanding of their obligations and ensure legal certainty for investors.
(3) Existing penalties for failure to declare employee(s) are considered to be disproportionately high.
(3) Penalties to be adjusted to be more proportionate to non-compliance.
Practical aspects
Practical aspects
(4) Starting from January 2013 the declaration of employees must be done online. Some specific entities that do not have the obligation to hire any employee (such as SCU) cannot reflect this on the online declaration, and under the changes these entities could be subject to the corresponding penalties.
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(4) The online system available for the declaration of employees must be adjusted accordingly.