Government breaks the Regulation on Essential Labor Law

01/06/2010

Even-though the law forbids that employees work more than 20 hours per week, or 40 hours per month; 410 employees of the MIA will work 23 hours per week or 98 hours per month for four months. Whereas the employees contracted from `Bechtel&Enka” will define their schedule in accordance with the employer. 

Working terms still continues to be unregulated with law of the Kosovo Assembly, even-though, this field is regulated with the UNMIK Regulation on Essential Labor Law. Implementation of this Regulation still continues to be a problem in Kosovo, especially respectability of working hours, contract, unregulated process of firing employees, etc.  Frequently, one of the contributors were the public institutions themselves. Like in two previous years, in this year, 410 employees of the Civil Registry Agency will work on prolonged schedule. In the 127th governmental meeting, with the decision no. 05/127, the Plan of MIA 'Diaspora 2010” was approved. This plan foresees prolonging of the working hours for employees of the Civil Registry Agency from 8 to 11 hours per day, and 8 working hours on Saturdays as well.  This prolonged schedule will last 4 months, starting from June 1st 2010 until September 30th 2010. Employees will be paid with an additional € 200 per month. The budget forecasted for this program 'Diaspora 2010” is € 238,000. However, the prolonged schedule for these employees, exceed the limits allowed with the laws in force. Article 16.14 of the UNMIK Regulation 2001/27 says that 'Working hours cannot exceed 20 hours per week and 40 hours per month” Prolonged schedule for the employees of MIA exceed this legal limitation. Working hours for 410 employees of the MIA will be 23 hours per week, or 98 hours per month.

This is not the only breach of law against employees. In the same governmental meeting, with the decision no 06/127, the Kosovo Government approves the request of the company 'Bechtel&Enka” to prolong the weekly working hours for the temporary contracted employees for constructing the highway Morine-Prishtina-Merdare. Based on this decision, the prolonging of the working hours is left to be agreed upon between the employees and employers; always having in mind that highway contraction is an important national project. The Kosovo Government, through his decisions, suspends the rules on working hours set on the UNMIK Regulation on Essential Labor Law. This decision is in power, until the entrance into force of the Kosovo Law on Labor.