BlogContracts & TransactionsEntrepreneurship & BusinessLegal ResourcesThe Right to Work & the Employment Contract

July 19, 20210

The right to work is a constitutional right sanctioned in Article 49 of the Constitution. This Article guarantees the right to earn a living legally, the freedom to choose a profession, place of work or professional qualification. Everyone has the right to seek work and get employed on the basis of a legal contract and to willingly choose a profession. The source of labor rights and obligations are the Conventions of the International Labor Organization ratified in the Republic of Albania. Also, the Labor Code is based on constitutional principles sanctioned in Articles 8,9,10,32,115,146, etc.

Individual and collective contracts regulate the employment relationship between the employer and the employee, according to the agreement they have between them.

How is the protection of labor rights done?

In order for the employee to be acquainted with his /her rights, it is necessary for him /her to be provided with the relevant documents which should include:

  • Articles pertaining to the rights of employees and comments on these rights,
  • The rights that may be provided for in the individual employment contract, and
  • The rights that can be included in the collective labor contract, according to the case and
  • The type of work.

The protection of labor rights can be done through consultation with experts such as lawyers, attorneys, economists, etc. Another effective way of protecting labor rights is the involvement of employees in trade unions or organizations in order to be consulted about their rights and duties at work. Before signing the contract, it is very important that the employee carefully reads the employment contract and labor legislation. In case of uncertainty, you should consult with the employer or his legal representative, or with the union that is part of.

The employee must keep a copy of the contract after it has been signed by both parties. Each page of the contract must be signed, including the annexes – to guarantee knowledge of the entire content. The law allows the employee to sign a written contract so that the protection of the interests of the parties is conducted easier.

What legal remedies can the employee use to sign the employment contract?

The employer must enter into an employment contract with the employee in writing. The lack of a written contract is punishable by law. However, the validity of the contract can not be violated if it is not concluded in writing because there is an employment relationship between the parties and the rules of the contract are defined by labor legislation. This provides protection for the employee. In case the employer refuses to enter into the contract in writing, then the employee can notify the responsible public institution of the district where the employee performs the work or the Regional State Inspectorate of Labor and Social Services (SISI) and report it. This reporting can also be done by the union in which the employee belongs. The sanction imposed on the employer, according to the law for non-drafting of the employment contract and according to the deadline set by law (Article 202 of the Labor Code) is up to thirty times the minimum wage nationwide.

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