KOSOVO Law and Practice Contributed by: Ardian Rexha, Nora Grajcevci Mehmeti and Vjollca Hiseni, Rex Law Partners
more favourable rights and working conditions than those provided by law but they cannot go below the statutory minimum protections. In addition, occupational safety and health is regu - lated separately under the Law on Safety and Health at Work, which establishes mandatory obligations for employers regarding workplace conditions and safety. 4.2 Characteristics of Employment Contracts An employment contract must be concluded in writ - ten form and signed by both the employer and the employee. The agreement may be for an indefinite period, a fixed period or for specific tasks (not exceed - ing 120 days within a year). The contract must include the following particulars: • data on the employer, including designation, resi - dence and business register number; • data on the employee, including name, surname, qualification and dwelling; • designation, nature and form of labour, and the job description; • the place of work or a statement that work is per - formed at various locations; • working hours and working schedule; • the date of commencement of work; • the duration of the employment contract; • the basic salary and any other allowance or income; • the vacation period; and • provisions for the termination of the employment relationship. If a trial period is included, it must be defined in the contract and cannot last more than six months. 4.3 Working Time Full-time working hours are 40 hours per week. For employees under 18 years of age, the maximum hours are 30 hours per week. For jobs involving hazardous impacts on health, working hours may be reduced, at most to 20 hours per week. Employees are entitled to rest periods, including a daily rest of at least 12 continuous hours between
two work days and a weekly rest of at least 24 con - tinuous hours. Overtime is permitted in extraordinary cases when workload is significant but is limited to a maximum of eight hours per week. Overtime allowance is to be calculated at 30% per hour of the basic salary. The employer may also decide to compensate overtime with days off if this mechanism is stipulated in the employment contract or internal act. Specific restrictions on overtime include: • employees working on reduced or part-time hours cannot work more than full-time hours; • overtime work is not permitted for employees under 18 years of age; • employers shall not extend working hours for pregnant employees, single parents with a child under three years old or parents with a child with disabilities; and • pregnant women and mothers with children under three years of age cannot be obliged to work longer than full-time hours. 4.4 Termination of Employment Contracts An employment relationship may be terminated in three ways. • Mutual written agreement between the employer and employee. • By operation of law, which applies, for instance, in the following circumstances: (a) expiry of a fixed-term contract; (b) death of the employee or the employer, with no successor; (c) the employee has reached retirement age; (d) a decision has been issued that verifies loss of working capacity; (e) a decision by a competent court; or (f) bankruptcy or liquidation of the employer. • By unilateral termination initiated either by the employee or by the employer. An employee may terminate the contract with a notice period of 15 days for fixed-term contracts and 30 days for indefinite-term contracts. No notice period is required if the employer has committed a serious
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