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Work Contract KOSOVA DEMOCRATIC INSTITUTE THE RIGHTS ON PAPER MARCH 2019 Work contract THE RIGHTS ON PAPER MARCH 2019 COPYRIGHT © 2019.Kosova Democratic Institute (KDI) Kosova Democratic Institute reserves all rights and no part of this publication is subject to reproduction or retransmission in any mechanical or electronic form, including photocopying or any other system of storing or retrieving materials without the publisher’s prior authorisation in writing. This publication can be reproduced or transmitted only for non-commercial purposes. Whosoever intends to use excerpts or documents from this publication is obliged to clearly attribute the source wherever and whenever the excerpts or materials are reproduced. Should you have any comments, criticism or suggestions, you are kindly requested to contact us through any of the following means: Address: Str. Bajram Kelmendi, No. 45, 10000, Prishtina, Kosova Tel.: +381 (0)38 248 038 E-mail: [email protected] Web: www.kdi-kosova.org The publication of this report has been made possible with the support of the Ministry of Foreign Affairs of Germany. The opinions, findings, and recommendations expressed in this report are the responsibility of KDI and do not necessarily represent the views of the donor. Author: Florent Spahija Layout and design: envinion CONTENTS 06 LIST OF ABBREVIATIONS 07 EXECUTIVE SUMMARY 09 INTRODUCTION 10 REPORTED CASES 10 They protect state buildings but not their rights 12 7 months without salary 12 She pays the trust, yet there is no evidence of that 13 Request to get the salary, a reason for dismissal 14 Court’s Delay, A Consequence For The Injured Worker 14 Dismissal after injury 14 Forced unpaid leave 15 Not allowed to change the place of work 15 Reduction of classes for personal interests 15 Threat at the workplace 16 Non-promotion at work without any reason 16 Delay in the execution of the decision 17 Fixed vacancies 18 Discriminatory and politically-influenced vacancies 18 Only one was left outside the 20% 19 Former RTP employees, without a property and salary 20 Former ‘’Ramiz Sadiku’’ employees and the fraud with the 20% 21 FINDINGS 22 RECOMMENDATIONS THE RIGHTS ON PAPER LIST OF ABBREVIATIONS KDI A Kosova Democratic Institute LI A Labour Inspectorate of Kosovo IOB A Independent Oversight Board LL A Law on Labour UCCK A University Clinical Centre of Kosovo HUCSK A Hospital and University Clinical Service of Kosovo TI A Transparency International CC A Constitutional Court BC A Basic Court 6 THE RIGHTS ON PAPER EXECUTIVE SUMMARY In 2015, the Kosova Democratic Institute, through the Unit for Legal Advice for Victims, Witnesses and Denouncers of Corruption published the “Corruption: What is your story?” Report which explicitly summarizes the cases reported by citizens on delays and inefficiency of courts In 2018, 20 cases of deaths at in handling cases and in citizens realization of their the workplace were registered rights. During 2016, KDI has continued to receive new cases that revealed the poor performance of judiciary as a consequence of the lack of and non-execution of court decisions. These cases were working conditions and safety published in the following “Waiting for Justice” Report. However, not all cases reported to KDI lead to the doors at work, as well as the lack of of the court. In the last three years, the Unit for Free Legal inefficient oversight of employers Advice received several complaints from citizens related by the Labour Inspectorate. to the right to work in both the private and public sector. Only during 2018, KDI received more than 500 phone calls, while provided free legal aid to 60 cases related to employment relationship, mainly in the private sector. According to the official statistics, only 28% of active citizens have a job and the number of those who are able to work or are jobseekers is 686,486. The year 2018 has not been a good year in terms of workers’ rights and safety at work. There were 20 deaths at the workplace in Kosovo from January to December, most of them due to the lack of workplace safety measures especially in the construction sector.1 Also during this year, 80 injuries in the workplace were registered in all sectors.2 In the last five years, according to reports of local organizations dealing with the sector of safety at work, 99 workers lost their lives at different workplaces.3 1 Silent Deaths, December 2018 Kosovar Stability Initiative KSI, page, 2 accessed on 28.01.2019 2 Kosovo 2.0 A bloody year for workers, accessed on 13.10.2018 3 Silent Deaths, December 2018 Kosovar Stability Initiative KSI, page 6, accessed on 28.01.2019 7 THE RIGHTS ON PAPER When trying to secure a job, citizens face injustices reduce the number of fatalities in the workplace as well and violations of hiring procedures. They report on as to punish employers who violate or neglect the rights manipulated vacancies, unfinished court proceedings, envisaged by the Law on Labour. changes of official positions at work place if they were critical of their management, 24-hour work without Establishment of workers’ unions in the private sector interruption with 12-hour work on the following day, would create opportunities for structured dialogue non-payment of pension contributions by the employer, between businesses, workers’ unions and the state in non-payment of salaries for up to 8 months, deprivation favour of guaranteeing and advancing workers’ rights. from annual leave and medical leave, no daily breaks, no weekly days off, non-payment for overtime work, reduction of salary without notice, salaries below the minimum salary level, and so on. The array of new cases related to the workers’ rights mobilized KDI this year to address, as part of its Transparency and Anti-Corruption Programme, the “workers’ rights” issue, including various segments of this area starting with the salaries, annual leaves, recruitment process in public institutions, nepotism, corruption, fraud, tax evasion etc. at the expense of workers and citizens with a right to work. Each of the cases presented in this report reveal elements of violations of workers’ rights on their work place but they also show the lack of state influence in regulating and enforcing legality and the impact of politics on public vacancies. KDI also noted that denouncers suffer from the lack of sufficient knowledge on the complaint bodies for submittal of cases of violations that they were subject to at the workplace, both in the private and public sectors. Lack of reinforcement of the Law on Labour and the Law on protection and safety at work and the failure of businesses and institutions to respect the rights of workers resulted in more frequent violations, and there were cases when workers paid with their lives the cost of having a job. In 2018, 20 cases of deaths at the workplace were registered as a consequence of the lack of working conditions and safety at work, as well as the lack of inefficient oversight of employers by the Labour Inspectorate. Strengthening the Labour Inspectorate through the continuous increase of the number of inspectors would help to prevent the violation of workers› rights and 8 THE RIGHTS ON PAPER INTRODUCTION According to International Labour Organization (ILO) defi- Working conditions, poor treatment of workers, contract nition, decent work means: dignity, equity, decent financial terminations without prior notice, extension of working income and safe working conditions. Decent work puts hours, work for up to 24 hours with 12 hours of work people at the centre of development, empowers women, on the following day, non-payment of pension contribu- men and young people, gives them the right to be pro- tions and taxes, payment in cash, injuries at work, work- tected from exploitation and provides them with an inclu- ing during holidays, pre-arranged (fixed) vacancies etc. sive and sustainable future.4 Article 49 of the Constitution were among the cases received by KDI from the citizens of Kosovo guarantees the right to work and the right to through the free-of-charge phone line (0800 77777) or choose the profession but also the occupation.5 Law on from face-to-face meetings. This report is a summary of Labour and Law on Civil Service are two basic laws that all these cases and aims to point out the denial and vio- regulate labour issues, including rights and obligations lation of workers’ rights by employers, with emphasis on for workers, namely civil servants. The difference be- private sector workers. tween these two laws is that: the Law on Labour regulates both the private sector and a part of the public sector, Over the years, reporting cases and legal aid by KDI have while the Law on Civil Service regulates, inter alia, the resulted in the cancellation of several public vacancies, employment relationship between civil servant and public the prevention of many violations, the resolution of some institutions of the country. disputes and the workers’ education on their rights under the employment relationship. According to the Kosovo Agency of Statistics, in 2016, there were 81,629 people employed in the public sector, while the total number of people employed in Kosovo ac- cording to the Statistical Yearbook of 2017 was 331,761.6 ARTICLE 49 OF THE CONSTITUTION OF KOSOVO guarantees the right to work and the right to choose the profession but also the occupation. 4 ILO International Labour Organization 5 Constitution of the Republic of Kosovo, Article 49 [Right to Work and Exercise Profession] 6 Statistical Yearbook of the Republic of Kosovo, page 15 9 THE RIGHTS ON PAPER REPORTED CASES Since 2016, KDI has continuously received calls and has at the workplace are the cases that KDI has dealt with met workers whose rights have been violated in both and has provided free legal aid to persons or groups of the private and public sector.
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