On the Road to the EU - Policy Documentation Center

National Legal Framework Concerning

The Constitution

The Labor Code

The Act on Gender Equality

International Treaties

Implementation of the Principle of Equal

General presentation

Job classification system

Available legal procedures in cases involving the

Out-of-court alternatives

Means of informing employees of their right to equal

Role of trade unions

Factual Background with Regard to the

Equal pay

As regards the implementation of the principle of equal pay for women and men, para. 3, Article 115 of the Labor Code, that the employer provides equal pay (salary) to women and men for work of equal value. On paper, women are entitled to equal pay as men for work of equal value, but in reality, wage differences are quite evident in the incomes of women and men in Albania.

Gender Pay Gap

Discrimination in employment and at work

Women in the tertiary sector

Women in the private sector

Women in the public sector

Financial services and women’s access to

Women have little connection to the banking system, whether as recipients of bank loans, as managers of their own business-related transactions, or even as owners of a simple savings account. In addition, there are other significant obstacles that prevent people from turning to banks for loans: for example, the high interest rates on credits charged by the banking system (ranging from 13 to 43 percent),46 and strict collateral requirements for loan applications ( from 100 to 200 percent). percent).47.

Women in the informal economy

Women's participation in the labor market is one of the most important indicators of women's empowerment. According to the provisions of the Labor Code, any violation of labor relations is punishable by a fine.

Conclusions. Areas of Concern

Conclusions

The principle of equal pay for work of equal value is included in Albanian legislation. The legal framework guarantees women's right to equal pay for work of equal value.

Areas of concern

The Albanian legal framework defines and determines the concept of equal pay for work of equal value in the same manner and with the same content as set out in Council Directive 75/117/EEC. Although it is monitored and implemented quite efficiently and in a well-organized manner in the public sector, more needs to be done to address the problem in the private sector.

Recommendations

Article 191 of the Labor Code provides for the possibility of mediation before the case is brought before the court. Competition in the labor market is one of the obstacles that Albania has identified in relation to women's access to the labor market.

National Legal Framework Concerning the

General provisions

The Labor Code provides for the definition of the concept of 'discrimination'. Article 9 of this Code therefore states the following: “Discrimination in employment and occupation is prohibited. The Gender Equality Act 2004 is more specific and detailed in relation to the principle of equal treatment.

The concept of discrimination on the grounds of sex

Discrimination therefore occurs if the employer applies different standards to employees on the grounds of gender with regard to working time or wages for work of equal value; establishes different working conditions for employees; instituting deviating disciplinary measures, changing working conditions or terminating the contract; harasses employees because of a complaint about the above actions of the employer. Discrimination based on gender is considered a criminal offense under Albanian law, and in such cases the court may decide that “the responsible persons shall cease the discrimination and pay moral and material damages to the subject of discrimination, as well as the restoration of the situation from before discrimination.” discrimination.”60 “If reinstatement at work is not possible due to the actions of the employer, the employer shall be punished with a fine under Article 202 of the Labor Code of up to fifty times the salary of the injured employee.”61.

Legal status of harassment and sexual harassment

The principle of equal treatment of women and men as regards access to employment, vocational training and promotion, and working conditions, like all other principles or standards of equality and non-discrimination, flows from the Constitution.65 Also with regard to these economic rights Article 49 of the Constitution provides for the right of everyone to choose his/her profession, place of work and his/her own system of professional qualification.” Article 59 of the Constitution defines, among other social objectives, “employment under appropriate conditions for everyone who is able to work”. This government body was established by order of the Prime Minister to fulfill an advisory role.69.

Available legal procedures in cases involving the

Accordingly, Section 15 of the Gender Equality Act 2004 provides for an employee's right to bring a case to court. As regards the right of the trade unions to act on behalf of a complainant, the Constitutional Court has not yet had a specific case to rule on.

Protective measures with regard to women’s

Prohibition of dismissal

At the time of writing this report, this remains a pressing issue, as the Constitutional Court has not yet considered the matter with a binding or advisory opinion. The employer may not terminate the employment contract or transfer the employee elected to the union leadership to another position without first obtaining the opinion of the union." 88.

Women’s and men’s jobs

Article 107 of the Labor Code of 1995 provides that "the termination of the employment contract, announced by the employer when the employee requests maternity leave, is considered invalid". It is necessary to improve the work of the State Labor Inspectorate because the violations of the rights of pregnant and lactating women continue.

Gender Equality Bodies

Factual Background with Regard to the

Research and statistics on women’s access to and

The exit of women from the visible labor force not only obscures their self-employment activities, but also their work in the informal economy. In fact, competition in the labor market is inevitable - a situation that women and others competing for work in the labor market have to face every day.

Women in the labor market after maternity leave

Also, data for 2003 show that vocational training for women in that year consisted of subjects such as English language, computer and secretarial skills, tailoring, Italian language, cosmetics and hairdressing, while men were trained in professions such as auto mechanics, plumbing, electrician, etc.

Discriminatory job advertisements

Sexual harassment

Thus, special rules for the protection of pregnant and breastfeeding women are laid down in: Article 54, subsection 3, in the Labor Act; PCS. 5, Article 55 of the Labor Act;. As a result, there are conflicts between employers, law enforcement agencies and the Civil Service Commission.

Conclusions, Areas of Concern,

Conclusions

Areas of concern

Recommendations

The analysis of this normative act does not explicitly determine the right of pregnant and lactating women to information on the findings of the employer's assessment of the risks to their reproductive health and safety in the workplace. For the implementation of these principles provided in the Labor Code, Decision No. 397 of the Council of Ministers, dated May 20, 1996, regulates, in point 5, the duration of the working day for pregnant and lactating women.

Legal and Conceptual Framework

Assessing the Risk to the Safety or Health of a

Employer’s obligations

Violations of provisions of the Labor Code, when they constitute a criminal offense, are punished by the provisions of the Criminal Code. 137 The Social Insurance Act of 1993 and a number of government decisions relating to the implementation of the law refer to the concept of self-employed person, but do not regulate the meaning of this concept.

Cases in Which Pregnant and Breastfeeding

Night Work

Maternity Leave and Time Off for Prenatal

Prohibition of Dismissal and Defense Rights

Conclusions. Areas of Concern

Conclusions

In general, knowledge and enforcement of the legal framework are in accordance with the principles of the directives and with the legislation.

Areas of Concern

There is also a trend in the private sector of non-compliance with normative legislation that sets out, in detail, occupational safety standards in the workplace. Although, from a legal point of view, the hiring or firing of women from jobs may not technically be based on pregnancy or raising a young child at home, employers often take into account such personal aspects of women's lives, as well as changes in her marital status such as reducing her abilities at work, and are the real reasons for taking disciplinary measures against pregnant and breastfeeding women.

Recommendations

In the practice of labor relations, the constitutional principle of gender equality is also applied to the work of independent entrepreneurs. Legislation should be adopted to improve the situation of spouses of self-employed persons in relation to social security systems.

National Legal Framework on

Social Rights of Spouses of Self-Employed

Formation of companies by spouses

If the business is started by a single person, the business activity and its profits are considered personal property belonging to the person who started the business. 139. If the company is established by a married person, the company and its profits automatically constitute the joint property of both spouses, even in the event that only one of the spouses founded the company.140 The Family Act stipulates that the community of property rule applies, unless the parties agree otherwise in their marriage contract.141 .

Recognition of the work of spouses

The rights of self-employed workers whose work

The role and status of women in agriculture depend on a number of factors, the most important of which are related to the size of the farm. The concept of self-employed men and women is specifically mentioned in Albanian legislation and includes all persons engaged in a gainful activity, including farmers and members of the self-employed family.

Legal Means of Redress

Related Research and Statistics

Social perception of self-employed women and men 56

Despite the growing number of businesses run by women, recent data show that women's participation in entrepreneurship is still in its infancy.151 Figures up to 2002 reveal that men own approximately 82.5 percent of registered private businesses, only 17, 5 percent are owned by women.152 Also, 85 percent of companies operate in urban areas, 15 percent in rural areas.153 There is a concentration of companies owned by women. 151 UNDP & SEDA Albania, Policies and development in favor of the poor and women in Albania - Approaches to the operationalization of the Millennium Development Goals in Albania.

Research on women in agriculture

Poverty, tradition, past experience, migration movements, economic need and education are factors that have influenced women's increased participation in agriculture. Level of mechanization is another factor that determines women's involvement in agricultural operations: the higher the level of mechanization, the lower the need for manual labor.

Research on the status and rights of self-employed

Whenever the need for physical labor decreases, women are the first to lose their jobs. according to Albanian legislation, this category of workers is not subject to compulsory social insurance;. spouses of self-employed persons do not have the right to benefit from the voluntary social insurance scheme, because Albanian legislation has limited the possibility of coverage to retirement, physical or mental disability and loss of breadwinner, excluding the social risk of pregnancy. Law no. 711 of December 27, 2001 on the structures and rates of payments of civil servants in the institutions of the central administration, the administration of the President of the Republic, the administration of the Assembly and officials of state budgetary institutions.