Getting fired or suspended

  • Find it in the Law:
    Law on Labour (Articles 71 and 72)
  • Who is responsible:
    Your employer
  • Who can help me:
    Competent Court, Ombudsperson Institution in Kosovo
Tags: ,

Did your boss fire you without notice and leave you with no job or source of income? You should know that the Law on Labour provides some safeguards from such arbitrary measures. Before he/she can terminate your contract, your employer is legally obliged to send a prior warning (written letter) describing whatever he found to be unsatisfactory in your performance and state what needs to be improved. Only failure to improve on the issues mentioned in this letter of notice can be accepted as grounds for a later dismissal from work. In such a case, the employer is legally obliged to send a termination notice at least 30 days in advance if you worked for this employer between six months and two years, or 45 days If you worked there for more than two years. The employer can also suspend you for a period of up to six months. You should know that during this period he/she is obliged to pay you 50% of your salary. After six months, the employer should either return you to work or terminate your contract. Any violation of these rights on the termination of contract or suspension may result with fines or compensations paid to you by the employer.

: If you feel that your rights have been breached, you need to 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 to take a decision about your claim within 15 working days.

If you are still unsatisfied with the way your employer treated your appeal and think that your rights have been breached, or if you do not get an answer from your employer within the 15 days foreseen by law, the Law on Labour says that you may initiate a work dispute process at the Competent Court. You can do so within 30 days after receiving an appeal decision or after the 15-day appeal period has ended without any decision by the employer.

  

Related Entries

Powered By

Supported By

Administrator