SEEU Review vol. 5 Nr. 2 (pdf) - South East European University

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Eneida Sema (LL.M) There are four state institutions entitled to control and act the protection of the employees’ rights: Inspectorate of Labor, Bureau of Labor, Institute of Social Safety and the Institute of Public Health. The goal of Law no.9634 dated October 30, 2006 “On State Inspectorate of Labor “On State Labor Inspectorate”, is to ensure enforcement of the labor legislation by employers. Tasks of the inspector under this law include: a) Ensuring the implementation of the labor legislation, especially in terms of implementing the contract of employment, working conditions and protection of persons employed during the work, for instance working hours, salaries, insurances, health and welfare, employment of minors, etc. b) Inspection of workplaces as many times and to the extent it is necessary to ensure effective implementation of provisions of the labor legislation. c) Providing technical information and advising employers in relation to effective means for implementing the labor legislation. d) Notifying the competent authorities regarding the shortcomings or the irregularities that are not covered by the provisions of the labor legislation. Inspectors equipped with the relevant official document, have the following competences: To enter freely and without prior notice at any hour of the day or night in any workplace that is subject to inspection. To carry out any control, test or survey. To order the modification of installations of the company within a certain time period. To take steps of immediate implementation character in case of apparent risk to health and safety of the employees. The employer is entitled to receive all the required information in relation to the labor legislation, especially the working conditions and safety at work and require a written opinion of the inspectorate regarding any particular issue relevant to the implementation of the labor legislation by the inspectorate. 100
<strong>SEEU</strong> <strong>Review</strong> Volume 5, No. 2, 2009 Pursuant article 22 of this law, the employer is obliged to implement all provisions of the labor legislation. He should provide all the necessary conditions for safety at work and should regularly inform employees so that provisions of the labor legislation are implemented. Another obligation for the employer is to notify the inspectorate about accidents at work and cases of occupational diseases. The law guaranteeing protection and safety at work provides for rights and obligations not only for employers and competent bodies of control, but also for employees. The employed person is entitled to file a complaint with the inspectorate, if the employer violates a provision of the labor legislation. The employees are entitled to undergo trainings on safety measures and they should respect all the safety rules. According to this law, the employers who are registered to be subject to regular inspection should annually report to the inspectorate regarding all jobs, the number of employees and classification of employees. The inspectors and the local offices of inspectorate are obliged to submit periodic reports to the Inspectorate-General, and Inspector General shall an annual report on the work of inspection services, which he/she already directs. Persons who violate or fail to respect the legal provisions, whose implementation is provided by inspectors, are subject to legal procedures without prior notice. Article 31 of the Law no.9634 dated October 30, 2006 “On State Inspectorate of Labor” provides procedures and sanctions regarding the violation of provisions of labor legislation, whose implementation is provided by inspectors. In cases of violations of provisions of labor legislation, the relevant inspector can penalizes the violator with a fine totaling up to fifty times of the minimum salary. Meanwhile objection and prevention of inspectors in their job, constitutes infringement and is punishable by a fine ranging from ALL 5.000 to ALL 50.000. A complaint might be filed against the decision of the inspector with the Inspectorate-General, within 30 days from the date of receiving the notice. Inspector General shall be accordingly expressed on this complaint within 20 days from the date of registering the complaint. 101
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UNIVERSITETI I EVROPËS JUGLINDORE
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Page 138 and 139: 138 Reviewers: Benjamin Keatinge Dr
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SEEU Review vol. 5 Nr. 2 (pdf) - South East European University

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