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

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Eneida Sema (LL.M) An appeal can filed against the decision of the Inspector General within 30 days from the date of receiving the notice before the Court of First Instance in the district where the infringement has occurred. The decision of Inspector General which has become final constitutes an executive title. In case these decisions are not voluntarily executed, the Bailiff’s office executes them by sequestering a part of the infringer’s property in the value of the fine. This sequestration is temporary and lasts 6 months. If the deadline expires and the decision has not been yet executed, the confiscation of property is made in the value of the fine. Article 202/5 of the Code of Labor, amended by law no. 9125 dated July 29, 2003, provides that any infringement is punishable by a fine. When the infringement is repeated, or at the expense of some employees, the overall amount of fines determined, will be no greater than the fivefold of the maximum fine. One of the main obligations for the employer is to respect the form of the contract of employment. Failure to implement the provisions of the Labor Code in relation to the form of the contract concluded affects the validity of the contract and is reflected in the responsibility of the employer, under Article 202 / 2 of this Code. When the infringement is committed by a person assigned by the employer to represent the company, the responsibility for paying the fine in this case is solitary. If infringements of the provisions of this Code constitute a criminal offence, provisions of the Criminal Code are accordingly applied. Article 289 of this Code on the violation of rules at work, provides that death or serious injury of person’s health caused as a result of violation of rules related to work, production and service as established by law, Council of Ministers Decisions and the regulations for technical security and discipline, protection at work, hygiene, protection from fire, by persons assigned to respect these rules and undertake measures to implement them, is punishable by fine or imprisonment of up to ten years. When death or serious injury of the health of some employees is caused as a result of the criminal offence committed, then the sentence regarding the person responsible, is not less than five years. The Criminal Code also provides for other criminal offences concerning the responsibility of the employer in some particular cases. Article 201 of this Code provides for air pollution from the emitted smokes, gases and other toxic and radioactive materials beyond the limits of the permissible norms. 102
SEEU Review Volume 5, No. 2, 2009 In this case, when the offence does not constitute an administrative offence, it constitutes a criminal offence and is punishable by fine or up to two years imprisonment. When serious consequences to people’s life and health are caused, it is punishable by up to ten years imprisonment. Transport of toxic and radioactive waste constitutes another criminal offence provided for in article 202 of the Criminal Code. This offence is punishable by up to five years of imprisonment and when serious consequences to people’ s life and health are caused, it is punishable by up to fifteen years imprisonment. In certain cases, the employer might even be responsible for the pollution of sea water, lakes, or cumulative and distributive network resources of water with toxic agents, radioactive or other substances that disrupt ecological balance. This constitutes a criminal offence according to article 203 of the Criminal Code, and is punishable by imprisonment up to five years and when serious consequences to people’ s life and health are caused, it is punishable by five to ten years of imprisonment. When the employer violates the rules set for possession, production, use, storage, transportation and sale of toxic agents bearing strong effect, he/she is charged with responsibility under the provisions of Criminal Code and respectively under article 281 and is punishable by a fine or up to two years imprisonment. Violation of the rules set for possession, production, use, storage, transportation and sale of explosive, radioactive or fuel material, constitutes a criminal offence under article 282 of the Criminal Code and is punishable by fine or up to two years imprisonment. When death or serious injury to people’s life and health is caused as a result of the criminal offence or serious material consequences are inflicted, is punishable by fine or up to ten years imprisonment. Conclusion Albania has officially expressed its application to join the great European family. This requirement dictates the prerequisite of a multi-dimensional effort, which will take place on time. Further regulations of labor relations along with approximation of our legislation with international standards, plays a very important role in the country’s democratization process. 103
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UNIVERSITETI I EVROPËS JUGLINDORE
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Contents Foreword by the Editor in
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Page 138 and 139: 138 Reviewers: Benjamin Keatinge Dr
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Mentor Hamiti, Visar Shehu and Agni
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SEEU Review vol. 5 Nr. 2 (pdf) - South East European University

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