Changes to Labour Code ready for approval

TIRANA, Oct. 30 – Albania’s National Labour Council has approved some changes to the Labour Code which for the first time also include teleworking, protection for pregnant women, ban discrimination at workplace and increase working age for juveniles. The changes approved in consensus this week are the third during the past 16 years of the existence of the Labour Code in Albania in an effort to bring it closer to EU legislation. “The need to review the Labour Code is a result of the rapid evolution of the Albanian society especially in the labour relations since 2003, when the latest changes were made, problems with the implementation of existing Code in practice and Albania’s aspiration to join the EU, a process which first of all demands the approximation of the fundamental labour law to EU directives,” said Labour Minister Spiro Ksera.
Apart from foreseeing rules for teleworking, the changes increase post-natal maternity leave to 63 days, up from 42 days, bans working at night for pregnant women and increases working age for juveniles to 15 years-old, up from 14 currently. The changes also foresee that employers must provide reasons and hold the burden of proof when breaking contracts with employees. Changes have also been made to trade union strikes. The Code foresees that the maximum working hours is 48 hours per week. The draft law approved this week is a result of a two-year intensive work by government, employers and employees and technical and financial support by the International Labour Organization.
The changes to the Code need a qualified majority of 84 votes to be turned into law.
The changes drafted with the assistance of international labour experts also foresee the inclusion of ‘personal protective equipment at work’ in the contract employees have to sign with their employers. The new changes also envisage that employers must have risk assessment documents for their workplaces and the preventive measures when asked by labour inspectors. Some limits have also been proposed to noise levels. Work-related accidents and diseases are a common phenomenon in Albania, especially in the construction industry where employees work without the minimum protection equipment and often in inappropriate conditions.
Under the changes approved by the National Labour Council (NLC), a consultative body composed of representatives from the Labour Ministry, labour and employer unions, discrimination based on sexual orientation or HIV/AIDS is banned in employment or vocational training. Another novelty of the draft law is than men will benefit up to three days of paid work when becoming fathers.