i vendimeve të Qeverisë së Kosovës

Why many businesses still do not implement the Labour Law?!

20-07-2011 11:38:39

The right to hire people does not mean the right to abuse. Therefore, the employee deserves more than the material compensation that he/she receives, he/she deserves the respect because here the respect for dignity of an individual is in question.

 

It has been more than six months since the labour law entered into effect and many employers not only that do not implement it, but still have not read its provisions Many private businesses, mainly small and medium, continue to operate under the “laws” of the owner. The employee on the other hand, satisfied (but not happy) that he has a job, does not even try to ask for his/her rights provided by law, often because of the fear that by asking for the labour rights might lose the job itself. Even employee, like the employer, has not read the labor law.

A few weeks ago the Gap institute published an analysis about the labour law enforcement during the first six months. During our research I heard about various violations of the employees rights in the private sector. I heard that a construction worker worked ten hours per day, seven days a week, without any measures of protections and without an employment contract. I heard that the waiters working hours ran from eight o’clock in the morning until the last guest visit around midnight.  A pharmacist did not complain because she was working on the “regular schedule”, that is eight hours a day and on Sunday she had a day off. One guy told me that he has been working in a dairy for four years and all the vacation he got from the owner until now were ten days when he got married. Even he did not complain because it was something that they agreed upon at the beginning.

I was not surprised by these violations of the rights of employees, but I was surprised how for a lot of employers these do not present any violations. And this was exactly where the problem started: violation of the law in this country has become something normal, while respecting it is outstanding. Someone said that in a country where human rights to have a job are not guaranteed, the rights of those who work can be considered a luxury. But is it right and moral that the employer deprives the employee of his legitimate rights? Moreover, when in many private businesses people close to the employer are hired, two offenses are done, both as an employer and as a family friend. Overall, the salaries in the private sector are very low.

Here I can understand the employers up to a certain point. But, I cannot understand why the employee does not have a working contract, why is he forced to work more than forty hours a week, why does not he have four weeks of annual vacation, or sick leave up to forty days?

What would the business lose if an employee would work five days a week and the other two he would spend with his family?

Hire additional people at a part- time schedule if it is a kind of business which requires seven days a week operation. Many hotel and restaurant owners, pharmacies and construction firms are proud with the number of employees they have, but are the employees proud of their employers? The right to hire people does not mean the right to abuse. Therefore, the employee deserves more than the material compensation that he/she receives, he/she deserves the respect because here the respect for dignity of an individual is in question. Further, more business have more respect towards the car manual labour than for the legal rights of employees.

Academics provide a thousands of the reasons why should the government intervene at the labour market to issue a law to regulate it is because the labour markets are not perfect and as a result the employers with the market power which they have, abuse their employees which leads to unjust ice and inefficiency. Today, at the time when we have the labour law we have to respect it. Law enforcement requires the commitment of employers, employees and the labour inspectorate. The employer must be familiar with the provisions of the labour law, with the obligations towards the employee and the penalty provisions of the law in case of violating the rights of employees.

Employers should recognize that the absence of contract can be fined up to 1.000 Euros, work longer than the full working hours fined up to 5.000 Euros as well as  not granting annual leave, while not providing pay for  maternity leave is punished by fine up to 10.000 Euros.

On the other hand the employers should read the labour law which you can easily find on the website of the Assembly and in the Official Gazette. Central and local public institutions have to provide any new business owner with a copy of the Labour Law. Employees should read their rights, should know how should their labour contract look like, how much should the probation period last, how much should the working hours be, what additional salary belongs to those who work the night shift, on days of holidays and on weekends, how long are annual holidays or marriage holidays, their rights in case of death of a family member, childbirth, maternity leave, etc.

The employee should also know that in case of denial of these rights by the employer, the law guarantees protection after the complaint is submitted to the court or to the work inspectorate. Labour inspectors should be more present on the field, to hear complaints of employees and should not make compromises with those who violate labour law and employees’ rights. It is true that the inspectors do not enjoy optimum conditions for work, but it is still their legal obligation to monitor the implementation of the labour law, until employers become aware that respecting the rights of employees means fulfilling a legal and moral obligation.

Share |
Emëri
Email adresa
Komenti
 
Nga Blogu
Instituti GAP

©2010-2015 Instituti GAP. Të gjitha të drejtat janë të rezervuara

Site by: Frakton