ICLG

The International Comparative Legal Guide to: & Labour 2019

9th Edition A practical cross-border insight into employment and labour law

Published by Global Legal Group, with contributions from:

A. Lopes Muniz Advogados Associados Filion Wakely Thorup Angeletti LLP MJM Limited ACG International GANADO Monereo Meyer Abogados Al Hashmi Law GERLACH Rechtsanwälte Mori Hamada & Matsumoto Amit, Pollak, Matalon & Co. Hamdan AlShamsi and ONV LAW AnJie Legal Consultants People + Culture Strategies BAS - Sociedade de Advogados, SP, RL Hassan Radhi & Associates Porzio Ríos García Carnelutti Law Firm Hogan Lovells R&T Asia (Thailand) Limited CDZ Legal Advisors Homburger Rátkai Law Firm Cheadle Thompson & Haysom Inc. Attorneys Hughes Hubbard & Reed LLP SANDIVA Legal Network Debarliev, Dameski & Kelesoska, Koushos Korfiotis Papacharalambous LLC Seow & Associates Attorneys at Law Lakshmikumaran & Sridharan SEUM Law Deloitte Kosova Sh.p.k. Latournerie Wolfrom Avocats Udo Udoma & Belo-Osagie Deloitte Legal Sh.p.k. Law firm Šafar & Partners, Ltd Waselius & Wist DQ Advocates Limited Lewis Silkin Winkler Partners Egorov Puginsky Afanasiev & Partners Lund Elmer Sandager Law Firm LLP EmpLaw Advokater AB Lydian Esenyel|Partners Lawyers & Consultants McCann FitzGerald Etude Jackye Elombo Meridian Law The International Comparative Legal Guide to: Employment & Labour Law 2019

Country Question and Answer Chapters:

1 Albania Deloitte Legal Sh.p.k.: Sabina Lalaj & Ened Topi 1

2 Australia People + Culture Strategies: Joydeep Hor & Therese MacDermott 11

3 Austria GERLACH Rechtsanwälte: Roland Gerlach & Markus Loescher 18

Contributing Editors 4 Bahamas Meridian Law Chambers: Dywan A. G. R. Rodgers 24 Stefan Martin & Jo Broadbent, Hogan Lovells 5 Bahrain Hassan Radhi & Associates: Ahmed Abbas & Sayed Jaffer Mohammed 30 Sales Director 6 Belgium Lydian: Jan Hofkens & Alexander Vandenbergen 37 Florjan Osmani 7 Bermuda MJM Limited: Fozeia Rana-Fahy 44 Account Director Oliver Smith 8 Brazil A. Lopes Muniz Advogados Associados: Antônio Lopes Muniz & Sales Support Manager Zilma Aparecida S. Ribeiro 51 Toni Hayward 9 Canada Filion Wakely Thorup Angeletti LLP: Carol S. Nielsen & Cassandra Ma 58 Sub Editor Jane Simmons 10 Chile Porzio Ríos García: Ignacio García & Fernando Villalobos 65

Senior Editors 11 AnJie Law Firm: Zhenghe Liu & Samuel Yang 71 Caroline Collingwood Rachel Williams 12 Cyprus Koushos Korfiotis Papacharalambous LLC: Loucas Koushos &

CEO Marilia Ioannou 79 Dror Levy 13 Denmark Lund Elmer Sandager Law Firm LLP: Michael Møller Nielsen &

Group Consulting Editor Julie Flindt Rasmussen 88 Alan Falach 14 Finland Waselius & Wist: Jouni Kautto 97 Publisher Rory Smith 15 France Latournerie Wolfrom Avocats: Sarah-Jane Mirou 103 Published by 16 Germany Hogan Lovells: Dr. Kerstin Neighbour & Dr. Tim Gero Joppich 112 Global Legal Group Ltd. 59 Tanner Street 17 Hong Kong Lewis Silkin: Kathryn Weaver & Catherine Leung 119 London SE1 3PL, UK Tel: +44 20 7367 0720 18 Hungary Rátkai Law Firm: Ildikó Rátkai 127 Fax: +44 20 7407 5255 Email: [email protected] 19 India Lakshmikumaran & Sridharan: Neeraj Dubey & Rohit Subramanian 134 URL: www.glgroup.co.uk 20 Indonesia SANDIVA Legal Network: Arthur Sanger & Allova Herling Mengko 143 GLG Cover Design F&F Studio Design 21 Ireland McCann FitzGerald: Mary Brassil & Stephen Holst 149 GLG Cover Image Source 22 Isle of Man DQ Advocates Limited: Leanne McKeown & Jessica McManus 157 iStockphoto Printed by 23 Israel Amit, Pollak, Matalon & Co.: Rachel Harari-Lifshits & Naama Babish 165 Stephens & George April 2019 24 Italy Carnelutti Law Firm: Giuseppe Bulgarini d’Elci & Marco Sartori 173

Copyright © 2019 25 Japan Mori Hamada & Matsumoto: Shiho Ono & Yuko Kanamaru 182 Global Legal Group Ltd. All rights reserved 26 Korea SEUM Law: Steve Ahn & Byungil Lee 192 No photocopying 27 Kosovo Deloitte Kosova Sh.p.k.: Ardian Rexha & Vjosa Misini 199 ISBN 978-1-912509-64-5 ISSN 2045-9653 28 Luxembourg Etude Jackye Elombo: Jackye Elombo 205 Strategic Partners 29 Macedonia Debarliev, Dameski & Kelesoska, Attorneys at Law: Emilija Kelesoska Sholjakovska & Ljupco Cvetkovski 212

30 Malaysia Seow & Associates: Jessie Tan Shin Ee & Joel Prashant 220

31 Malta GANADO Advocates: Dr. Matthew Brincat & Dr. Lara Pace 228

32 Mexico Hogan Lovells: Hugo Hernández-Ojeda Alvírez & Luis Ruiz Gutiérrez 236

33 Mozambique BAS - Sociedade de Advogados, SP, RL: Pedro Madeira de Brito & Lara Tarciana Sousa dos Mucudos Macamo 243 PEFC Certified

This product is from sustainably 34 Netherlands ACG International: Edith N. Nordmann & Fadi S. Fahad 250 managed forests and controlled sources

PEFC/16-33-254 www.pefc.org 35 Nigeria Udo Udoma & Belo-Osagie: Jumoke Lambo & Mary Ekemezie 258

Continued Overleaf

Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720

Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations.

WWW.ICLG.COM The International Comparative Legal Guide to: Employment & Labour Law 2019

Country Question and Answer Chapters: 36 Oman Al Hashmi Law: Omar Al Hashmi & Syed Faizy 265

37 Poland CDZ Legal Advisors: Piotr Kryczek 271

38 Portugal BAS - Sociedade de Advogados, SP, RL: Dália Cardadeiro & Alexandra Almeida Mota 279

39 Romania ONV LAW: Mihai Voicu & Alina Arseni 287

40 Russia Egorov Puginsky Afanasiev & Partners: Anna Ivanova & Olga Tyangaeva 295

41 Slovenia Law firm Šafar & Partners, Ltd: Martin Šafar 302

42 Cheadle Thompson & Haysom Inc. Attorneys: Shamima Gaibie & Paul Benjamin 311

43 Spain Monereo Meyer Abogados: Monika Bertram & Patricia Rivera Almagro 319

44 Sweden EmpLaw Advokater AB: Annika Elmér 326

45 Homburger: Dr. Balz Gross & Dr. Gregor Bühler 332

46 Taiwan Winkler Partners: Christine Chen 340

47 Thailand R&T Asia (Thailand) Limited: Supawat Srirungruang & Saroj Jongsaritwang 345

48 Turkey Esenyel|Partners Lawyers & Consultants: Selcuk S. Esenyel 353

49 United Arab Emirates Hamdan AlShamsi Lawyers and Legal Consultants: Hamdan Al Shamsi 359

50 United Kingdom Hogan Lovells: Stefan Martin & Jo Broadbent 365

51 USA Hughes Hubbard & Reed LLP: Ned Bassen & Nathan Cole 372 Chapter 27 Kosovo Ardian rexha

Deloitte Kosova Sh.p.k. Vjosa misini

1 Terms and Conditions of Employment employment, it is implied that the term of employment is for an indefinite period of . Furthermore, a for a fixed period of time that is expressly or tacitly renewed for a continued period of 1.1 What are the main sources of employment law? employment of more than 10 years shall be implied to be a contract for an indefinite period of time. The main sources of employment law in the Republic of Kosovo are: of the Republic of Kosovo; Law on Labour No. 1.5 Are any minimum employment terms and conditions 03/L-212; Law on Safety and Health at Work No. 04/L-161; Law on set down by law that employers have to observe? Foreigners No. 04/L-219; Law on the Protection of Breastfeeding No. 05/L-023; Law for Organizing Union in Kosovo No. The Law on Labour provides for a minimum age for entering into an 04/L-011; Law On Strikes No. 03/L-200; Law on Social Economic employment relationship (15 years of age), minimum days of annual Council No. 04/L-008, and Law on Labour Inspectorate No. 2002/9. leave (four weeks), minimum which is set annually by the The employment of civil servants is governed by separate and Government of Kosovo, and minimum periods (30 minutes). . Other sources of employment law include a number of The minimum salary is proposed by the Socio-Economic Council administrative instructions. (SEC) based on the criteria and procedures laid down in the Administrative Instruction of the Ministry of Labour and Social . 1.2 What types of worker are protected by employment law? How are different types of worker distinguished? 1.6 To what extent are terms and conditions of The Law on Labour foresees special protection for employees in the employment agreed through ? private and public sectors, as well as employees whose employment Does bargaining usually take place at company or is regulated through a special Law, if the special Law does not industry level? provide a solution for certain issues deriving from the employment relationship. The employment law also protects foreign employees The Law on Labour provides that the terms and conditions of and persons without citizenship who are employed in the territory of employment to be agreed in a Collective Contract, which is defined the Republic of Kosovo. The employment law accords special as an agreement between employees’ and employers’ respective protection to employed, pregnant and/or breastfeeding women, organisations that lays down rights, duties and responsibilities employees under the age of 18 as well as employees with disabilities. deriving from an employment relationship. The Collective Contract may not contain any less favourable rights for the employee and employer than the rights defined in the Law on Labour. 1.3 Do of employment have to be in writing? If not, do employees have to be provided with specific information in writing? 2 Employee Representation and Article 10 of the Law on Labour specifies that employment contracts have to be in writing and must be signed by both parties: the employee; and the employer. 2.1 What are the rules relating to recognition?

1.4 Are any terms implied into contracts of employment? In accordance with the Law for Organizing Trade Unions in Kosovo, workers’ organisations must be registered at the Ministry of Labour and Social Welfare (MLSW). A Trade Union Association An must, at least, contain the following must have at least 10 members. Trade Union Confederation, may be mandatory terms and conditions: details of the employer and the registered at the MLSW, if within it operates at least two employee; description; place of work; working hours; of Trade Union of various activities, membership of which is at least commencement date and end date of employment; salary and 10% of employees at the country level. Unions can start and other allowances or incomes; and details of . If the develop their activity, only when registered with the MLSW. employment contract contains no indication of the duration of the

iCLg To: EmpLoymEnT & LAbour LAw 2019 www.iCLg.Com 199 © Published and reproduced with kind permission by Global Legal Group Ltd, London 200 Kosovo o h etbihet f h wrs oni b te mlyr. employers. mutual a the on agreement betweenemployersandemployees. based by established council be may works council works the However, of establishment the to The Kosovo legal framework does not foresee any provision related Areemployersrequiredtosetupworkscouncils?If 2.4 is prohibited. employe the by employees who have measuresparticipated in a protest punitive or a T of undertaking and The bodies.union trade andemployee the of right act industrialth guarantees which Strikes, on of Law the by governed taking The requirements. union’s union in order to exercise pressure for the accordance with international conventions, applicab union can undertake actions such as protests and em According to the Law for Organizing Trade Union in Arethereanyrulesgoverningatradeunion’s rightto 2.3 th protecting for resources etc. employees, its managing as well as and rights social and economic dialogue, social of for particularly negotiations employees, collective mem its represent to entitled and in employers to public authorities relation any is and person legal a MLSW, the at a registration the i Trade After Union Whatrightsdotradeunionshave? 2.2 Deloitte KosovaSh.p.k. © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London www.iCLg.Com the agreementbetweenemployer and theemployee. This matter is not addressed in the applicable , it is left to Areemployees entitledtorepresentationatboard 2.7 a by regulated mutual agreement. be may unions two these between interaction the councils, such of establishment the of event the In either. defined not are council works and unions trade of interaction the councils, Since there is no provision that regulates the establishment of works Howdothe rightsoftradeunionsandworkscouncils 2.6 this matter. with dealing legislation applicable the on provisions no are There Inwhatcircumstanceswillaworkscouncilhaveco- 2.5 such bodies?Howareworkscouncilrepresentatives so, whatarethemainrightsandresponsibilitiesof proceed untilithasobtainedworkscouncil determination rights,sothatanemployerisunableto take industrialaction? level? interact? agreement toproposals? chosen/appointed? fulfilment of a trade rade Union strike, matter involving matter involving in the promotion le laws and trade labour relations, relations, labour ployee strikes in use of violence,of use Kosovo, a trade s recognised as as recognised s e elementary e bers before before bers o i also is ion e rights of of rights e against r oklc, ae o dtrie ciei rqie fr that for required criteria determined workplace, wouldnotbeconsidereddiscrimination. on based workplace, specific a to relation in given priority or exclusion differentiation, Any . of form severe a as considered is victim, the for one a long period of time or had harmful consequences than especially for more lasted has by which or once, than more committed is which or ground motivated indirect). is and that (direct behaviour unlawful Discriminatory are discrimination of types All Whattypesofdiscriminationareunlawfulandinwhat 3.2 of opportunityortreatmentinemployment,isprohibited. membership, which has the effect of nullifying or political impairing equality , Any family age, opinion, national religion, extraction or social origin, language or sex, trade-union discrimination. colour, race, of of basis the on forms made preference or exclusion all includes that discrimination against protection employees with provides Discrimination from Protection on Law the The Constitution of the Republic of Kosovo, the Law on Labour and Areemployeesprotectedagainstdiscrimination?If 3.1 h epoe t eiiae l dsrmntr atos rm the by the infringement of the rights protected by the Law from on Protection actions discriminatory all employee; compensation of material or non-material eliminate damage caused to employer the which violate or may violate the right of the employee, or to compel activities of performance of prohibition are: remedies possible The Whatremedies areavailabletoemployeesin 3.5 procedure couldalsobeusedforsettlingtheclaim. and at the discretion of the applicant, a and reconciliation time, any at settled be can Claims . competent the legal to actions all take to and respondent the against a file to right the has Discrimination, from Protection on Law the of provisions the under discrimination, of victim a be to claims who person Any Howdoemployeesenforcetheirdiscrimination 3.4 of implementation the for foreseen obligations setintheLawonProtectionfromDiscrimination. procedures judicial or claimants, with their consent, for the development of administrative the of behalf on procedures legal support to or initiate may entities legal complaint a file other or organisationsbehaviour. Associations, discriminatory any may persons, of to related court competent the before lawsuit and/or Ombudsperson group or persons any Discrimination, from Protection the on Law the to According Arethereanydefencestoadiscriminationclaim? 3.3 Discrimination 3 iCLg To:EmpLoymEnT &LAbourLAw 2019 rights? Canemployerssettleclaimsbeforeorafter circumstances? so, onwhatgroundsisdiscriminationprohibited? successful discriminationclaims? they areinitiated? Kosovo be conveyed to the father of the child in agreement with the mother. leave. The right of the maternity leave after the maternity first six the months may of end the before child the abandons or dies mother the if mother the of rights the assume may child the of father The Dofathershavetherighttotakepaternityleave? 4.4 and employed womanisbreastfeeding. writing in employer the notify doctor,the by issued certificate the provide the that confirms which shall she time, such to order claim In employer. the with agreement in hours, working the of end the every at or middle the in beginning, the day,at each time that paid of specifies hours two or one Breastfeeding to entitled is woman of breastfeeding employed Protection on Law The What rightsdoesawomanhaveuponherreturnto 4.3 employment the terminate not may relationship ofawomanwhilsttheyareonmaternityleave. employer The payment. right to extend her maternity leave for another three months without of the average salary in Kosovo. The employed woman then has the 50% to equal amount an is and Kosovo, of Government the by paid is leave maternity months, three following the during and salary; basic employee’s the of 70% to equal amount an is and employer the by done is payment the leave, maternity of months six first the during follows: as divided is leave maternity during Compensation Whatrights,includingrightstopayandbenefits,does 4.2 maternity leaveofupto12months. to entitled is woman employed an Labour on Law the to According Howlongdoesmaternityleavelast? 4.1 employed and mothers, employeeswithdisabilities,etc. women pregnant minors, of safety and health the Labour provides for special measures in terms of the protection and on Law The workers. of types these for legislation applicable the by envisaged is discrimination to relation in protection special No Do“atypical”workers(suchasthoseworkingpart- 3.6 media the decision, which proves the violation of the right t in publishing and Procedure; Enforcement define one the than execution of deadlineshorter a equal treatment, or with the aim of preventing viol violatiosevereirreparableespeciallydamages,for necessary, ordering a measure with the aim of elimi violated been has treatment equal for right his/her proven has plaintiff the (if Procedure Contested on of temporary measures in accordance with the provis from Discrimination according to compensation on la Deloitte KosovaSh.p.k. © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London iCLg To:EmpLoymEnT &LAbourLAw 2019 4 Maternity and Family Leave Rights MaternityandFamilyLeaveRights 4 time, onafixed-termcontractorastemporary work frommaternityleave? a womanhaveduringmaternityleave? agency worker)haveanyadditionalprotection? o equal treatment. ence); ordering of ns of the right on right the of ns nating the risk of d in the Law on Law the in d and, if deemed if and, ions of the Law wsuit; ordering rdbe that credible h court the , health maternity leave,untilthechildbecomestwoyearsold. of permanent provisions with of of expiry child the after part-time, work to entitled be respectively,shall context a the conditions, in health disabilities poor to due care responsibility to take care of a child that necessarily requires special the has In who parent a that disabilities. establishes Labour on with Law the child addition, a or age; of years three under child a Employers cannot extend the working hours of a single parent with: Areemployeesentitledtoworkflexiblyiftheyhave 4.6 employer ofhisintentiontotakeleaveatleast10daysinadvance. the inform must employee The three. of age the reaches child the leave after the birth or upon adoption of the child, at any time before weeks’unpaid two (ii) and child; the of adoption upon or birth the at days’leave three paid (i) to: right the has child the of father The Arethereanyotherparentalleaverightsthat 4.5 elr wti fv dy fo te a, h anucmn, the announcement, the day, the previous employermayterminatethe employmentcontract. from days five within declare If the employee refuses the transfer to the new employer or does not Canemployees bedismissedinconnectionwitha 5.4 requirement. this with comply to failing for sanctions or process the of timeline the foresee not does law The event. such the of writing in inform employees must employer the Labour, on Law the to According Arethereanyinformation andconsultationrightsona 5.3 applicable, onthedayofchangeemployer. are and that relationship obligations employment all previous the over employment of take responsibilities and shall employer Contract new Collective the contract, the with compliance in employer,of (change change and statutory respectively) of cases In What employee rights transfer on a sale 5.2 and employmentcontract. change of the employer, in compliance with the Collective Contract the of day the on applicable are that relationship employment the of responsibilities and obligations all over Yes,take shall buyer the Onabusinesssale(eithershareorasset 5.1 BusinessSales 5 responsibility forcaringdependants? employers havetoobserve? business sale? and consult? does a business sale affect collective agreements? buyer? take andwhatarethesanctionsforfailingtoinform business sale?Howlongdoestheprocesstypically transfer) doemployeesautomaticallytransfertothe www.iCLg.Com Kosovo ? How 201 Kosovo 202 Kosovo opn drn te eid f oiiain nml pir to prior namely notification, of period terminating theemploymentcontract. the during company The employer may deny the employee access to the premises of the Canemployersrequireemployeestoserveaperiodof 6.2 (ii) days; (iii) above10yearsofemployment,60calendardays. and calendar days; calendar 45 30 employment, of years employment, 10 and two of between years two and months contract, the following notice periods are applicable: (i) between six indefinite-term an have that employees for whereas before, days 30 If an employee has a definite-term contract, the notice must be given the definite orindefiniteterm. of a for stipulated notice and was contract varies employment the whether termination prior on depends of notice given the of length be The must termination. employee the employer, the by terminated is relationship employment the where case the In Doemployeeshavetobegivennoticeoftermination 6.1 and Contract Collective the with employment contractasstatedabove. compliance in remain conditions and shall terms The permitted. not are changes Unilateral Areemployersfreetochangetermsandconditionsof 5.5 Deloitte KosovaSh.p.k. © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London www.iCLg.Com a collectivedismissal. and absence from work due to special care for leave a child, except in cases of maternity pregnancy, during relationship employment the terminate to prohibited is it that provides Labour on Law The Arethereanycategories ofemployeeswhoenjoy 6.4 and, asalastresort,takethemattertocourt. Labour the his/her to to regard appeal with protection an requiring Inspectorate submit also can Employees policies. internal employer’s and contract employment the under envisaged is this if contract, employment an of termination the from deriving The employees may initiate internal procedures for resolving issues Whatprotectiondoemployeeshaveagainst 6.3 Termination ofEmployment 6 employee remainsemployedbutdoesnothaveto “garden leave”duringtheirnoticeperiodwhenthe of theiremployment?Howisthenoticeperiod treated asbeingdismissed?Isconsentfromathird dismissal? Inwhatcircumstancesisanemployee employment inconnectionwithabusinesssale? special protectionagainstdismissal? party requiredbeforeanemployercandismiss? attend forwork? determined? termination oftheemploymentcontract. the explain to employee the with meeting a hold should employer such contract; employment the decision shall include the grounds for of the dismissal. In addition, the termination the written a for on with decision employee Law the by serve must prescribed employer The as Labour. period notification the respect must relationship employment an terminate to wants who employer An Arethereanyspecificproceduresthatanemployer 6.6 work and also be compensated for unused annual leav theemployee is entitled to receive his/her salary repeating remains unsatisfactory in spite of of a written warnin guilty duti is misconduct or breach work of obligations; or the employe employee of the performance unsatisfactory; employee’s the serious committed misconduct; has employee the job; the perform technical or organisational reasons; the employee i employee in cases where: such termination is justif Theemployer is entitled to terminate the employmen Whenwillanemployerbeentitledtodismissfor:1) 6.5 betweenfiveandnineyearsofservice,twomonths’ salary; betweentwoandfouryearsofservice,onemonth’s salary; ■ ■ company: The the with employment of period their on depends contract. and varies amount indefinite an have who employees its to payment severance a make to obliged is employer the dismissal, collective a of case the In period. six-month a within discharged employees 20 than less not but employees the of 10% least at of dismissal the involves and dismissal, collective for provides Labour on Law The Does an employer have any additional obligations 6.9 through faith good direct negotiationsbetweenthepartiesatanytime. in and amicably settled be may relationship, employment the regarding arise may which dispute, eventual Any Canemployerssettleclaimsbeforeoraftertheyare 6.8 employee may at any time file an appeal to the Labo work place and order compensation of and o thconsidered If as unlawful, court.the competent court the may toreinstate lawsuit the a submit may LaboutimelineswithintheonprescribedLaw the in its or employer the of decision the with satisfied Moreover, bodies. relevant its or employer the to In the case of a dismissal, the employee is entitle Whatclaimscananemployeebringifheorsheis 6.7 iCLg To:EmpLoymEnT &LAbourLAw 2019 compensation ondismissalandifsohowis business relatedreasons? Are employeesentitledto reasons relatedtotheindividualemployee;or2) dismissed? Whataretheremediesforasuccessful has tofollowinrelationindividualdismissals? compensation calculated? dismissing a number of employees at the same time? initiated? claim? d to make a complaint employee to his/her untilthe last day of g. Upon dismissal, s no longer able to ied for economic, ther benefits. The ur Inspectorate. e’s performance eeat bodies,relevant f ese s not is he/she if r, the employeether, tcontract of an e days. dsisl is dismissal e Kosovo minor a ae of cases if it is s is es be issued,forthetransferofemployee datatoothercountries. should (NAPPD) Data Personal of Protection for Agency National the that stipulates the from approval an and Data given be should employee the of Personal consent of Protection the on Law The Howdoemployeedataprotectionrightsaffectthe 8.1 decided bytherelevantcourtsofRepublicKosovo. employment contract. The enforcement of such covenants would be the from arise may that contract of breach any for court respective of enforcement the to lawsuit the a file may parties however,the covenants; restrictive provide not does legislation applicable The Howarerestrictivecovenantsenforced? 7.4 This isnotapplicable. Doemployeeshavetobeprovidedwithfinancial 7.3 agree to the general terms and conditions on this c for restrictive covenants, the parties to the emplo Since the applicable legislation in Kosovo does not Whenarerestrictivecovenantsenforceableandfor 7.2 period of time after the termination of an employme applicabl be would and clauses, non-solicitation or regulations of any particular company in the form o usuall aremeaning they are stipulated covenants in the employment these contr practice, In covenants. stipu not does Kosovo in legislation applicable The Whattypesofrestrictivecovenantsarerecognised? 7.1 are entitled toissueacomplainttherespectivecourt. employees the obligations, its with comply to fails employer dismissed until be the employer not provides the severance may payment. employee If the an Labour, on Law the with accordance In Howdoemployeesenforcetheirrightsinrelationto 6.10 from30yearsofservice,sevenmonths’ salary. between20and29yearsofservice,sixmonths’ salary;and ■ between10and19yearsofservice,threemonths’ salary; ■ ■ Deloitte KosovaSh.p.k. © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London iCLg To:EmpLoymEnT &LAbourLAw 2019 8 Data Protection and Employee Privacy DataProtectionandEmployee Privacy 8 ProtectingBusinessInterestsFollowing 7 Termination employment relationship?Cananemployertransfer mass dismissalsandwhataretheconsequencesifan employer failstocomplywithitsobligations? employee datafreelytoothercountries? compensation inreturnforcovenants? what period? yment contract may lause. expressly provide f non-competition nt contract. act or in internal fr certain a for e ae restrictive late contractual, y the aforementionedprovision. in mind, the employer could justify the pre-employment checks with employment of field controllerthe data in a of rights specific and obligations the fulfilling of purposes the for necessary “ processed be may data personal sensitive that things, other among stipulates, law aforementioned the of 6 medical article pre- checks, Data, record Personal criminal records, etc., are classified as sensitive of personal as data. In this regard, such Protection checks, on employment Law the to According Areemployersentitledtocarryoutpre-employment 8.3 the of the legalbasisforprocessing;and4)originofdata. purposes the 3) 2) processed; being data personal her; of the categories the and or processing 1) him things: about other stored among data personal provide, to data the obligated and is request, to controller entitled are subjects data 22, that article specifies specifically Data, Personal of Protection on Law The Doemployeeshavearighttoobtaincopiesofany 8.2 made availablefromemployertoemployee. means communication other any or the system through computer media employer’s social of use the on restriction a In set may job, account. media the of nature the with accordance social in employer, the this, to addition personal their through information and employer’s any disclose not terms internal to employees other the oblige the any may policy, or contract through employment the employer, in set the conditions the However, of discretion sole the employee. in is account media social personal a a as considered means of is personal communication of the media employee, and the usage Social of account. media employee’s social the over personal control a have to employer the entitles that provision any for provide not does framework legal Kosovo The Cananemployercontrolemployee'suseofsocial 8.5 employee’s emails,phonecallsandemployer’s computersystem. an monitor to entitled is employer the such, as and supervision this internal policy, it is considered that the employee has been aware of any or contract employment the through set is provision a such if communication means made the available to the employee of by the employer itself. usage Thus, the here including employer, the of to accomplish all his/her duties set through the terms and conditions system. computer employer’s the However, of according to the Law on Labour the employee is required use the or calls telephone emails, employee’s the control or monitor to entitled is employer the whether state explicitly not does framework legal Kosovo The Areemployersentitledtomonitoranemployee’s 8.4 record checks)? personal informationthatisheldbytheiremployer? media inoroutsidetheworkplace? computer system? checks onprospectiveemployees(suchascriminal emails, telephonecallsoruseofanemployer’s www.iCLg.Com if the processing is processing the if …”. With…”. this Kosovo 203 Kosovo 204 Kosovo n ohr plcbe ea poiin. h Lw on Law The Procedure regulates provisions. the procedure legal for applicable employment-re other and dispu labour mediation of aredetermined resolutionbytheprovisions oftheL for procedures and Rules protection of rights may also be resolved through a According to the Law on Labour, and upon the partie Whatprocedureappliestoemployment-related 9.2 Such disputesmayalsobesolvedthroughmediation. . professional one by adjudicated are and Department General Court Basic the to submitted be shall disputes Employment-related Whichcourtsortribunalshavejurisdictiontohear 9.1 Deloitte KosovaSh.p.k. © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London www.iCLg.Com offer agreaterbreadthanddepthofservicetoourclientswherewhen theyareneeded. to expertise Deloitte offices,and enables two scale collaboration the size, this across combined people their use to professionals Kosovo & Albania In 2011, Deloitte Albania and Deloitte Kosova agreed on a closer cooperation by forming the Deloitte Albania & Kosovo cluster. Comprising over 300 serves manyofthecountry’s largestcompanies,public institutions, andsuccessful,fast-growingcompanies. professional leading the being of distinction the enjoys and firm reputable services a organisation in the is country,Sh.p.k., delivering world-class Kosova assurance, tax, Deloitte legal, consulting, financial Kosovo, advisory and in technology services. operations The practice of years 15 than Limited. Deloitte Kosova Sh.p.k., founded Touchein Deloitte 1999, Tohmatsuof has Europe, extensive Central knowledge in of firm the member local a market Limited, and Holdings best Europe practices Central from Deloitte around of the affiliateworld. an is With Sh.p.k. more Kosova Deloitte basic knowledge of German and Serbian. fluentArdianinisAlbanian (native speaker) E and and , , labour law a His areas of expertise include , commercia Legal Researcher at the Kosovo Judicial Council. pri and Deloitte,Legalworkedhea Exam as Associate f lawa at the passed successfully has Ardian University, Faculty of Law (LL.M.). Degree in International and European an and Law, Economic of FacultyLaw Pristina, f of University the of Deloitte Kosova Sh.p.k. Ardian holds a Bachelor Ardian Rexha is a Senior Legal Associate in the Tax CourtPracticeandProcedure 9 complaint canproceed?Doesanemployeehaveto complaints? Isconciliationmandatorybeforea employment-related complaintsandwhatistheir composition? pay afeetosubmitclaim? R:www.deloitte.com/al/en URL: [email protected] +38649780430 Email: Tel: Kosovo Prishtina Zona Industriale10000 “Lidhja ePejës”Street,no.177 Deloitte KosovaSh.p.k. Ardian Rexha l law including contract nd banking law. ’s Degree in Law from & Legal Department nglish. He also hasalsoHe nglish. irm and as a Seniora asandirm dacd Master’sadvanced mediation process. rom the Maastricht awonMediation lated complaints. s’ agreement, the r o joining to or e through tes Contested of cases,theproceduremaytakemorethanoneyear. limits set in the law for addressing the appeal, and given the backlog adjudicate by a panel of three professional . There are no time of Court the to addressed be should appeal The shall which Appeal, . court instance first the against appeal an submit to right the have parties the Procedure, Contested on Law the to Pursuant Isitpossibletoappealagainstafirstinstance 9.4 of number large the longer thantwoyears. to Due outstanding cases, the court’s decision of the first instance may take dispute. employment-related an resolving for timeline a set not does legislation applicable The Howlongdoemployment-relatedcomplaintstypically 9.3 for monetary compensation, are exempted from court Court. Employment-related complaints, with the exc Theclaimsubmittedbehasto writingin before the akn lw poet lw ad nuac lw Voa s let in fluent is Vjosa law. Albanian (nativespeaker)andEnglish. insurance include and expertise law, of law, areas banking Her law, economic law, corporate and sector.contract including law, commercial banking the in law, working commercial and economic in experience of years five had she from the University of Pristina, Faculty of Law.Law in Prior to joining Degree Deloitte, Bachelor’s a holds Vjosa Sh.p.k. Kosova Deloitte of Vjosa Misini is a Senior Legal Associate in the Tax & Legal Department iCLg To:EmpLoymEnT &LAbourLAw 2019 decision andifsohowlongdosuchappealsusually take? take tobedecided? R:www.deloitte.com/al/en URL: [email protected] +38649780764 Email: Tel: Kosovo Prishtina Zona Industriale10000 “Lidhja ePejës”Street,no.177 Deloitte KosovaSh.p.k. Vjosa Misini competent Basic eption of requests fees. Kosovo Current titles in the ICLG series include:

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