Discrimination at work

  • Find it in the Law:
    Law on Labour (Article 5), Law against discrimination
  • Who is responsible:
    Your employer
  • Who can help me:
    Labour Inspectorate, Competent Court, Ombudsperson Institution in Kosovo
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Did your boss suspend or fire you because of who you are? Did he or she make derogatory comments about your age, sex ethnicity, sexual orientation, etc.? The law is on your side when it comes to discrimination in the workplace and it allows you to hold your employer accountable. Not only is discrimination explicitly prohibited by clauses in the Constitution and the Law against discrimination, but the Law on Labor also prohibits discrimination at any stage of the employment process – whether it is during recruitment, training, promotion of employment, establishment of contractual terms, disciplinary measures, or cancellation of contract. If there is sufficient evidence of the acts of discrimination, your employer can be forced to pay a fine to the state, to compensate you personally or to reinstate your rights (ex. if you were fired, you might get your job back).

If you feel that you have faced discrimination at work, you need to address them with your employer first. If the place where you work has a mechanism 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 and make a decision about your claim within 15 working days.

If your labor rights are violated and there are no ways to resolve the issue through your employer, you can alert the Labor Inspectorate in the Ministry of Labor and Social Welfare by issuing an appeal. Inspectors from the Ministry or the Municipality can inspect your workplace while preserving the privacy of your complaint and take necessary steps, which would entail providing advice to the employer on how to resolve such problems, 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 from when you filed your complaint or at least to tell you that the decision will be delayed. If this does not lead to any resolution, then the issue can be taken to the Ombudsperson Institution in Kosovo or to a Competent Court.

  

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