Women's rights from the employment relationship

RESEARCH REPORT

WOMEN'S RIGHTS FROM THE EMPLOYMENT RELATIONSHIP

RRJETI I OJQ-ve TË GRAVE QELIZA Gjakovë

NGO WOMENS NETWORK QELIZA Gjakova

The publication of this report has been made possible with the support of Ecumenical Women’s Initiative/Ekumenska Inicijativa Zena (EIZ/EWI). The opinions, findings, and recommendations expressed in this report are completely the responsibility of Women’s Network Qeliza and do not represent the official opinion of the sponsor.

For an evaluation, critique, or suggestion, please contact us at: Adress: E-mail: Tel:

Rruga Përmet Vula, 25 50 000 Gjakovë, Kosovë rrjetiqelizagjakovë@gmail.com +383 (0) 44 188 336

Gjakova, August 2020

EKUMENSKA INICIJATIVA ŽENA Omiš

ECUMENICAL WOMEN'S INITIATIVE Omis

RRJETI I OJQ-ve TË GRAVE QELIZA Gjakovë

NGO WOMENS NETWORK QELIZA Gjakova

PËRMBAJTJA

05 INTRODUCTION

07 ABOUT THE PROJECT

10 RESEARCH METHODOLOGY

13 LEGAL FRAMEWORK

18-25 SURVEY RESULTS

27 CONCLUSIONS

INTRODUCTION Official data displays that from the entire working population in our country, 30.1% are employed. The employment rate was higher amongst men than women, where 46.2% of working men were employed, compared to only 13.9% of working employed women. Moreover, compared to the results of the Working Power Survey in Kosovo[1] from 2018, we can infer an increase in the general employment rate. Such an increase, among men, was 0.9%, whereas, among women 1.6%.

Furthermore, according to the Working Power Survey from 2019, in Kosovo, there were 125.305 individuals between15-64 who were unemployed, from whom 81.576 were men and 43.729 were women. The general unemployment rate was 25.7%, which is significantly higher among women with 34.4%, compared to the man who ticked the scale at 22.6%. In comparison to the previous year, respectively 2018, we have a clear decrease in the unemployment rate, specifically 3.9%, where such a decrease is 3.9% among men, whereas, on the other hand, we encountered an unemployment rate increase amidst women, on about 1%.

The rationale behind such a low employment rate of women in Kosovo is said to be, firstly, the general skyrocketing unemployment rate in Kosovo, and secondly, the reluctance of women to enter the job market since a major percentage of them consider to have familiar responsibilities.

[1] Kosovo Agency of Statistics, Series 5: Social Statistics, Labor Force Survey 2019. April, 2020

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However, if we search beyond the justifications provided by official state institutions that the low employment rate of women derives from their dedication to housekeeping, we can conclude that women face other additional obstacles regarding employment. These barriers show why women in Kosovo are less employed, and definitely less represented in high ranks which are incomparably more occupied by men.

Having the purpose to analyze the level of consciousness about women’s rights from the employment relationship, the Women Network Qeliza has undertaken a survey with employed women, employment seeking women, and women who have terminated an employment relationship priorly. The results of these target groups have been profoundly analyzed and displayed on the report afterward.

This study intends to identify the barriers women encounter and to ascertain the fields and opportunities which need essential improvements in current market conditions for women. The study contains an analysis of primary data collected via the survey, and also secondary data, mainly representing an analysis of primary data, employment politics, and also academically produced results.

6

ABOUT THE PROJECT The Women’s Network Qeliza, since February 1st, 2020 has begun the implementation of the project “Women’s rights from the employment relationship”, in the municipalities of Gjakova and Peja. The project was funded by Ecumenical Women’s Initiative/Ekumenska Inicijativa Žena (EIŽ/EWI. Through this project, it was intended that through certain foreseen activities to increase the level of information and consciousness on women regarding the field of employment rights, the factual and legal situations, and scenarios as regulated by the law. Based on our work in practice, we constantly face a situation where women evidently lack information about their rights at work and also regarding the incumbent institutions to address and report any potential infringements of their rights.

Simultaneously, by way of this project, women will receive encouragement to report their problems and violations of their rights at work by asking for the rights they are entitled by law.one of the main purposes of this project is the prevention of potential violations of women’s rights in their employment relationships – by making them aware of their rights priorly.

Since work is a very important part of the life of every citizen from which income for a living is generated, we consider that the law, regulations, and other sub-legal acts should be implemented in practice, leaving no room for interpretation to the detriment of the worker. As it is a known fact that the employment of citizens in Kosovo, in the public and private sector is influenced by favoritism, conflict of interest and nepotism, and not by merit, professionalism, or principles provided by law – citizens’ distrust in the work of the public and private sector continues to grow.

Our citizens face various situations and circumstances where their rights at work are violated, such as recruitment procedures and public competitions, detailed notification on the employment contract, probationary work, working hours, vacations, protection and safety at work, salaries and other benefits, termination and termination of employment, the realization of employment rights by relevant institutions from the central and local level.

8

ACTIVITIES 01

MEDIA CAMPAIGN for raising awareness and consciousness about women’s rights at work

02

SURVEY on the levelt of awareness of women about the rights of them from the employment relationship

03

CYCLE OF TRAINING interactive focus-group training with lecturers from the relevant fields, namely the social and legal ones

04

ADVISORY AND LEGAL ASSISTANCE SESSIONS addressing concrete issues by women related to their employment relationship

05

ROUND TABLES AND RECOMMENDATIONS based on the training cycle, from cases identified during counseling sessions

9

RESEARCH METHODOLOGY The methodology of drafting this research report is based on qualitative and quantitative data. Throughout the whole process, special attention was dedicated to qualitative data, documents of policies, and/or strategies in the field of socio-economic policies.

Furthermore, the method of quantitative research includes the analysis

and

elaboration

of

issues

raised

during

the

implementation of the activities of this project in the Municipality of Gjakova and Peja.

In order for this report to produce tangible and concrete data, the survey was conducted with 500 employed women and job seekers – in an online format – throughout the territory of Kosovo.

The

survey

contains

questions

on

individual

characteristics, working conditions, barriers to finding a job, and those faced in the workplace, as well as other data, which are analyzed in this report.

The survey was planned to be conducted in the field by engaging surveyors in the municipalities of Gjakova and Peja. However, due to the situation created by the COVD-19 pandemic, the survey was conducted in an online format through the Google Forms platform, which was open for access during April and May, for a period of 35 days.

10

Moreover, this research report integrates the issues and problems that have emerged from the training cycle organized as part of the project activities, in which case ten (10) pieces of training were organized, five out of five in each municipality. The topic of the training was "Women's rights from the employment relationship in your municipality", respectively Peja and Gjakova.

This training cycle aimed at raising awareness and informing girls and women about their rights before, during, and after the termination of employment, in the public and private sectors. The discussions between the participants were very substantive and constructive, where the problems presented were different, starting from: 1. Pre-Establishing Employment Relationship: - The politicization of job vacancies, - Lack of meritocracy during the recruitment stages, - Nepotism.

2. During the employment relationship: - Lack of employment contract, - Payment of monthly salary in cash, - Extended hours, - Protection of motherhood (lack of respect for maternity leave and breastfeeding), - Gender discrimination at work (same position - different salary), - Salary reduction without notice/justification.

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3. After termination of employment: - Lack of trust in institutions for lodging a lawsuit/complaint; - Termination of the contract by the employer without notice pursuant to the law; - Abuse of the labor market by employers/imposing unlawful conditions;

The total number of women participating in these ten pieces of training was 165 participants.

During the project implementation period, in the phase of online counseling and legal aid sessions, we received 24 calls through the Skype platform, which were scheduled as face-to-face meetings, but due to the global Covid-19 pandemic, this phase of the project was successfully completed virtually. The most common problems that were addressed were: - Payment for overtime work (5 cases); - Salary reduction (3 cases); - Lack of payment of the pension contribution (2 cases); - Recognition of voluntary work (2 cases); - Gender discrimination in monthly payment (2 cases); - The right to appeal in public competitions (5 cases); - Maternity leave (4 cases); - Sexual harassment (1 case - request for anonymity); Of these cases, 4 civil lawsuits were ďŹ led in court and 1 criminal report for harassment during working hours. While other cases were recommended to be resolved within the institution of the employer, through the Labor Inspectorate or through other 12

alternative procedures.

LEGAL FRAMEWORK The

legislation

in

force

regulating

labor,

employment

relationships respectively, includes: (1) the Law on Labor; (2) the Law on Civil Service of Kosovo; (3) the Law on Protection from Discrimination – as a prominent legal act, along with two other laws.

The Labor Law[2] aims to regulate the rights and obligations from the employment relationship, and the provisions of this law apply to employees and employers of the private and public sectors in the Republic of Kosovo. Article 5 of this law regulates the prohibition

of

all

types

of

discrimination,

stating

that:

“Discrimination is prohibited in employment and occupation in respect of recruitment, training, promotion of employment, terms, and conditions of employment, disciplinary measures, cancellation of the contract of employment or other matters arising out of the employment relationship and regulated by Law and other Laws into force”. Also, the employer is obliged that in the case of employment of workers, for the same job to determine criteria and equal opportunities for both women and men. Furthermore, the provisions of Law o. 2004/3 on Protection from Discrimination applies directly when it comes to the employment relationship between the employee and the employer.

[2] Official Gazette of the Republic of Kosovo, LAW NO. 03 / L-212 OF WORK, Prishtina, December, 2010

13

Regarding the rights from the employment relationship, Chapter X of the Law on Labor has anticipated the procedures for the realization of rights in the employment relationship, commencing from the protection of rights for the employee. An employee considering that the employer has violated labor rights may submit a request to the employer or relevant bodies of the employer, if they exist, for the exercise of rights violated, whereas the employer is obliged to decide on the request of the employee within fifteen (15) days from the day the request was submitted. The decision upon the request from the employee shall be delivered to him/her in a written form within a time period of eight (8) days. Every employee who is not satisfied with the decision by which he/she thinks that there are breached his/her rights, or does not receive an answer within the prescribed time period, may initiate a work dispute at the Competent Court within thirty (30) days.

If the court finds that the employer's cancellation of the employment contract is unlawful, it shall order the employer to grant the employee: (i) compensation, additional to any allowance and other amounts to which the employee may be entitled under this Law, the employment contract, a collective contracts or the Internal Act, in such amount as the court considers just and equitable, but which shall not be less than twice the value of any severance payment to which the employee

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was entitled at the time of dismissal or in cases where the dismissal is deemed unlawful, the court may reinstate the employee in his or her previous employment and orders compensation of all salaries and other benefits lost during the time of unlawful dismissal from work. The employer is obliged, that within the defined term, to implement the decision of a competent court. Besides judicial protection, the realization of women’s rights in employment can be attained through other additional mechanisms, such as protection through the procedure of mediation, protection by the Inspector of Labor, syndical organization, and collective agreements.

Another very important body is the Labor Inspectorate, which is an independent body of the State Administration, operating under the ambit of the executive branch of the Republic of Kosovo, having its competence to monitor and implement the legislation in the field of labor relations, security and occupational health. According to the Law on Labor, the employee can at any time submit the complaint to the Labor Inspectorate for issues that fall under the competencies of this body. The Labor Inspectorate shall issue decisions on the appeal within thirty (30) days or inform the Applicant of the extension of the time limit within which the decision is to be made. In cases of violations of the provisions of this law by the employer, the Labor Inspectorate will impose sanctions based on the Law on Labor Inspectorate.

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IMPORTANT

PROVISIONS

FROM

INTERNATIONAL

RELATING TO WORK AND ITS APPLICATION IN KOSOVO

MECHANISMS [3]

Provisions from the European Social Charter

Domestic Legal Provisions

Part 1, paragraph 8:

Collective Agreement - has not foreseen a single provision for the protection of women during maternity;

“Employed women, in case of maternity, have the right to a special protection”

Law on Labor - has not anticipated any legal provisions regarding the special protection in cases of maternity. It only has foreseen some rights and obligations during maternity, but no provision delves into the special protection.

Part 1, paragraph 12: “All workers and their dependents have the right to social security”

Collective Agreement - no provision has anticipated workers generally, nor women’s right to social security.

Law on Labor - no provision is dedicated to social security.

Article 24, paragraph (a): “The parties undertake to recognize the right of all workers not to have their employment terminated without valid reasons for such termination connected with their capacity or conduct or based on the operational requirements of the undertaking, establishment or service”

16

Article 71, paragraph 2 of the Labor Law: “The employer may terminate an employment contract for a fixed term with thirty (30) calendar days’ notice. The employer who does not intend to renew a fixed term contract must inform the employee at least thirty (30) days before the expiry of the contract.

Failure to do so entitles the employee to an extension of employment with full pay for thirty (30) calendar days”

[3] Olof Palme, Solidar, Respect and Protection of Workers' Rights in Kosovo, Prishtina, October 2011

Warnings and Recommendations regarding the practical implementation RatiďŹ ed international agreements and legally binding norms of international law have superiority over the laws of the Republic of Kosovo[4]. The European Social Charter shall be ratiďŹ ed and implemented in Kosovo.

Social security in any or all its forms is not anticipated in any law dealing with the employment relationship in Kosovo, therefore there is an urgent need for a health insurance law and for a law establishing the disability fund and pensions to be drafted and approved.

The relevant legal provisions determine the modus of terminating the contract, or employment relationship respectively. In practice in the private sector, employers in most cases do not notify employees of the reasons for terminating the contract, either in writing or orally, as required by law.

Recommendation: The Labor Inspectorate shall be more proactive and impartial during inspections.

[4] Constitution of the Republic of Kosovo, Article 19, part 2

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SURVEY RESULTS This chapter analyzes and elaborates on the conclusions drawn from the quantitative side of the study, namely the survey with 500 employed women and women jobseekers in Kosovo. The first section provides information about the age, civil status, and education, while the second part presents data on working conditions, obstacles finding a job and the problems that women face to find a job and those in the workplace.

AGE The age of the women surveyed ranges from 18 to 64 years old.

The 18-25 age group includes 14.8 percent of women surveyed, 39.2 percent the 25-35 age group, 34.4 percent the 35-50 age group, and 11.6 percent the 50-64 age group.

18-25

25-35 14.8 %

35-50 39.2 %

50-64 34.4 %

11.6 %

CIVIL STATUS In terms of civil status, 53.4 percent of women surveyed are single, 38.8 percent are legally married, 2.8 percent are divorced same as 2.8 percent are widowed, and 2.2 percent have stated that they live with their partner.

single

legally married

divorced

widowed

53.4 %

38.8 %

2.8 %

2.8 % 19

LEVEL OF EDUCATION In terms of education, 40.0 percent of women surveyed have a bachelor's degree, followed by 42.8 percent who have a master's degree, 1.6 percent have a Ph.D. degree, and 15.6 percent have a college (high school) diploma. These vary between sectors, wherein the public sector, a higher percentage of women have completed higher education than women in the private sector.

college

bachelor (BA)

master (MA)

doctoral (Ph.D)

15.6 %

40.0 %

42.8 %

1.6 %

THE BIGGEST BARRIER TO FIND A JOB As the biggest barrier to ďŹ nding a job, 66.8 percent of women surveyed see the general lack of jobs in Kosovo, 31.5 percent consider the lack of part-time jobs, 7.2 percent due to inadequate qualiďŹ cations, and 3.2 percent due to lack of time for work due to family obligations.

20

APPLICATION FOR A JOB When asked how many times they have applied for a job, 41.3 percent of women stated that they have applied 1 to 3 times for a job, 13.9 percent for 3 to 5 times, 38.2 percent have applied over 5 times for a job, while 6.6 percent have never applied for a job due to obligations and commitment to studies.

6.6 %

41.3 %

13.9 %

32.8 %

never

1 - 3 times

3 - 5 times

over 5 times

LABOR SECTOR Overall, all of the women surveyed, 51.2 percent work in the private sector, 18.8 percent work in the public sector, 6.0 percent work in NGOs, 3.6 percent are self-employed, 2.0 percent work in an international organization and 18.4 percent are job-seekers.

18.8 %

51.2 %

6.0 %

2.0 %

3.6 %

18.4 %

public sector

private sector

NGOs

IO

selfemployed

job-seekers 21

TIME SPENT TO FIND A JOB In terms of time spent seeking employment, 47.0 percent of women surveyed have found their job within 6 months. 11.6 percent of women have found a job within 12 months, while 31.2 percent of women have waited more than 12 months for a job.

Moreover, 41.3 percent of women have applied up to 3 times for a job, 13.9 percent up to 5 times, and 38.2 percent of women have applied over 5 times for a job.

0 - 3 months

10.2 %

3 - 6 months

47.0 %

6 - 12 months

11.6 %

over 12 months

31.2 %

EMPLOYMENT CONTRACT Given the sensitivity of informality in Kosovo's economy, women were asked about their working conditions. In the private sector, 20.5 percent of women work without a contract, and of the rest, 32.7 percent have a fixed-term contract. In the public sector, 42.6 percent of women have unfixed-term contracts.

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without a contract

20.5 %

fixed-term contract

32.7 %

unfixed-term contract

42.6 %

VIOLATIONS OF WOMEN'S RIGHTS AT WORK When asked if there are violations of women's rights at work, 42.2 percent of women think that there are on average violations of their rights, 33.8 percent that there are many violations, 17.6 percent that there are few violations, and 6.4 percent of women consider that there are no there is no violation of their rights at all. not at all

6.4 %

few

17.6 %

on the average

42.2 %

many

33.8 %

THE MOST VIOLATED WOMEN'S RIGHTS AT WORK The biggest violation of women's rights at work, 47.7 percent consider promotion, 44.8 percent of women face unequal treatment in the workplace. While 31.5 percent of women consider that the low level of salary they receive is also a violated right. 23.7 percent consider the right to paid leave, and 22.8 percent consider the lack of exibility in working hours as a problem.

equal treatment

44.8 %

the right to paid leave

23.7 %

lack of exibility in working hours

22.8 %

promotion

47.7 %

salary

31.5 % 23

SALARY FOR THE SAME WORK POSITION Asked if they consider women to be paid the same as a man in the same job position, 43.9 percent of women agree that they are paid the same, 26.9 percent disagree and 29.2 percent do not know if they are paid the same as a man for the same job position. yes

no

neutral

43.9 %

26.9 %

29.2 %

EXTENDED WORKING HOURS The difference between the public sector and the private sector continues to be pronounced in working hours as well as in overtime work. Respectively 39.8 percent of women in the private sector worked more than 8 hours a day, compared to 4 percent of women working in the public sector. 16.7 percent of women in the private sector worked on weekends, and 10.5 percent of women in the private sector also worked during the ofďŹ cial holidays.

24

39.8 %

16.7 %

10.5 %

33.0 %

yes, more than 8 hours per day

yes, during the weeknds

yes, during the ofďŹ cial holidays

no

OVER-TIME PAYMENT In addition to having to work overtime, 22.3 percent of women rarely receive compensation, compared to 51.4 percent of women who have never received any compensation for this type of work. 9.9 percent of women are often compensated and 16.4 percent of women are always compensated for work done outside of regular working hours.

51.4 %

22.3 %

9.9 %

16.4 %

never

rarely

often

every time

PROTECTION OF AN EMPLOYEE BY THE COURT Paying attention to the protection of women's rights through the labor inspectorate or the court, it results that 88.5 percent of women have not sought protection through the judiciary, while 11.5 percent of women have sought the protection of their rights at work as through the labor inspectorate. Despite this number of requests to the judiciary, only 9.2 percent of women are satisďŹ ed with the handling of their case, compared to 47 percent of women who are not at all satisďŹ ed with the handling of their case in search of women's rights at work.

25

CONCLUSIONS Despite legal provisions prohibiting gender discrimination in all sectors of employment, in the private sector we encounter direct gender discrimination whereas, in the public sector, discrimination occurs through the language of competition which discourages women from applying.

The ongoing barriers faced by women in the workforce result from a lack of opportunities in the labor market, but also from social constraints stemming from predetermined gender roles in Kosovo. Barriers, especially in finding jobs, reflect this clearly.

Women surveyed, but also women participating in the training cycle consider the lack of adequate jobs as the main obstacle they face when seeking employment, followed by lack of time to work due to family obligations and lack of opportunities for parttime work.

Also, among the biggest violations of women's rights at work, it is emphasized unequal treatment in the workplace, low level of wages, the right to leave, and lack of flexibility in working hours.

27

PĂŤrmet Vula 25, 50 000 Gjakova +383 (0) 44 188 336 rrjetiqelizagjakove@gmail.com @rrjetiqelizagjakove Rrjeti Qeliza