Freedom to organize trade unions and strikes

  • Find it in the Law:
    Law No. 03/L-212 on Labour, Law No. 03/l-200 on Strikes, Law No. 04/l-119 on Amendment and Supplement of the Law No. 03/l-200 on Strikes
  • Who is responsible:
    Your trade union and your employer
  • Who can help me:
    Labor Inspectorate, Competent Court, Mediator, Ombudsperson Institution in Kosovo.
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Do you feel like your rights and interests as a worker would be better preserved if you actively joined others in trade unions or, in more extreme circumstances, organized a strike? The Law on Labour guarantees your right and freedom of association and protects you from facing any punishment or interference from anyone, as long as you register your trade union with the Ministry of Labour and Social Welfare. If you don’t work for any essential/security public services (Police, Kosovo Security Force, Fire Service, Emergency Hospital Service, etc.), the Law on Strikes also allows you to organize strikes on matters related to your labour rights. Certain conditions have to be met for a strike to be legal: your trade union has to be registered, the strike should be organized by one third part (1/3) of the employees within an organization, its actions should not violate any other laws, as well as trade union in one part and the employer on other tried to reach agreement through the licensed mediator.

Your employer is legally obligated to allow you to organize in trade unions and to make sure that it engages in dialogue with workers to resolve all disputes, potentially through a Collective Contract agreement.

If your employer has not allowed you to organize in trade unions or organize strikes within the limits of the Law on Labour and Law on Strikes, then you can alert the Labour Inspectorate. The latter should respond to your appeal within 30 days and can issue fines to the employer if it is found to be breaching workers’ rights. If the actions of the Labour Inspectorate fail to reinstate your rights or compensate you for damages, you could also challenge your employer at a Competent Court or address the issue to the Ombudsperson Institution.

  

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