Basic entitlements while on the job

  • Find it in the Law:
    Law on Labour
  • Who is responsible:
    Your employer
  • Who can help me:
    Labor Inspectorate, Competent Court, Ombudsperson Institution in Kosovo
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If you are working for a public institution or private company but aren’t sure what kind of basic rights and benefits you’re entitled to in your contract, you should know that all of them are enshrined in the Law on Labor. First of all, your employer is legally obliged to sign an employment contract with you which can be set either for an indefinite period, a fixed period or for specific tasks and duties. The contract is also by law requiredto specify many aspects of your job such as the nature of the work you’ll be doing, your working hours, your basic salary, your vacation periods, etc.

The law also says that your full time working hours can be maximum 40 hours per week and can be reduced to no less than 20 and only if your tasks have a high level of hazard.Overtime work on the other hand cannot exceed eight hours a week. Your employer is also legally obliged to allow a break of at least 30 minutes during working hours and give you a day of rest between two days of 12 hours non-stop work. You are also by law entitled to at least four weeks of paid annual leave during a calendar year, even if you are only working part time, and 20 days of paid sick leave. You also can get paid leave in case of marriage (5 days), death of a close family member (5 days) and birth of child (3 days). You also legally cannot be paid a wage that is smaller than the minimum wage of 130 EUR.

If you feel that any of your labour rights have been violated and you want them reinstated, you could address them with your employer first. If your employer has a body that is responsible for dealing with such complaints (ex. a human resources office), they are legally obliged by Article 78 of the Law on Labor to respond with a decision on your claim within 15 working days.

If there are no ways to resolve your complaints through your employer, you can alert the Labor Inspectorate in the Ministry of Labour and Social Welfare by issuing an appeal. Inspectors from the Ministry or the Municipalitywouldinspect your workplace while preserving the privacy of your complaint and take necessary measures to address the situation.This could include providing advice to the employer on how to resolve the problem, issue fines or even halt work until the issues have been resolved. The Labor Inspectorate is obliged by Article 82 of the Law on Labor to issue a decision regarding your appeal within 30 days of when you filed your complaint or inform you of delays if necessary. If this does not lead to any resolution, then the issue can be taken to the Competent Court.

  

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