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

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Eneida Sema (LL.M) Albania has ratified several conventions of the International Labor Organization and has to do more in this direction by selecting and deciding the priorities in ratification. We may state that the today’s Labor Code has met the standards, but evidently it is not the most perfect one towards creating the desired space for a democracy of industrial developed relations according to the Western European model. The Code of Labor regulates the working relationships, but not the labor market and other economic, political and social factors that influence it. When the labor market is in a high degree of informality, the Law should intervene to regulate it. The Law which regulates the working relationships should be more active and dynamic. However, implementation of the Labor Code plays an important role in the normalization and stabilization of the labor market. State institutions such as the Ministry of Labor and Social Affairs, National Council of Labor and State Inspectorate of Labor, play a crucial role as well. In conclusion, I would like to make some recommendations in relation to the labor legislation, particularly regarding the institution of protection at work as a very important constituent part of this legislation: Legislation on protection at work and on social protection need to adapt European standards. Code of Labor should provide greater protection for women, children and persons with disabilities. Provisions of the Labor Code that regulate the signing of collective contracts should create greater spaces in terms of cooperation among the parties concerned. Strengthening of cooperation between the Employers, Employees and the State along with further development among them in terms of the social dialogue, serves to a better viable harmonization of employer-employee interests and its approximation with international standards of labor. Strengthening of inter-institutional cooperation makes up an important step for further regulation of working relationships and improvement of legal framework where the cooperation among 104
SEEU Review Volume 5, No. 2, 2009 executive institutions will rely. It is important to aim at increasing cooperation between tax authorities, the State Labor Inspectorate, the Institution of Social Insurance, Tax Police, Order Authorities, etc. Consolidation of the State Labor Inspectorate through structural reforms, expansion of control not only in urban areas, but also in rural areas and increasing of the level of professionalism. Improvement of methods and means of control as well as strengthening of mechanisms for implementation of legislation in practice, mechanisms of supervision, increasing the degree of workers’ qualification of the control structures; these all play an important part in the process of minimizing the informal labor market. Raising advisory and public awareness. Developing a state policy of promoting employment and a strategy aimed at reducing unemployment. Expansion and strengthening of trade union structures in the private sector and organization of structures of employers’ organizations both at local and regional level would help to sign collective contracts in various public and private sectors. 105
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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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