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Annex 19.

1
Economic and social aspects of changes in the draft labour legislation consist of:

Regulates the work relations of foreign employees sent to temporary work in


Albania.

Additional causes for which discrimination in employment and vocational


training is prohibited, such as sexual orientation or living with HIV/AIDS, as well
as adapts the meaning of discrimination with the EU directives, the Constitution of the
Republic of Albania and the Law on protection from discrimination. It also provides
that the burden of proof is left to the employer, in order to bind him to take all the
necessary measures to respect the principle of non-discrimination.

Guarantee that the annual leave is not compensated in cash even in cases when
the employer and the employee agree to amicably resolve the disputes between them.

Informing and consulting the organization of employees, or in its absence, the


representatives of the employees, on the economic and financial data of the company
or other decisions related to the potential development of the company, which have a
considerable impact on the employment situation of the company.

Forecast of a break, when work lasts more than 6 hours per day.

Employee benefits the salary for official public holidays only when they fall
on work days, as it was deemed that based on the previous formulation, which
determined that when the public holiday falls on a weekly holiday, the holiday was
postponed to Monday, this created many paid holidays which increased the work cost
that were covered by the employer.

In order to strengthen the protection of minors has increased from the age of
14 to 15 the minimal age of minors employed during school vacations, or who attend
vocational training courses.

Obligation of the employer to guarantee suitable working conditions for a


pregnant woman, or for a breastfeeding woman, that decides to return to work after 63
days of postpartum. The right of a woman, who has decided to return to work after 63
days of postpartum leave, that in agreement with the employer benefits:
a.
A paid break of 2 hours, within the normal working hours; or
b.
Reduced working hours, by 2 hours, with the same salary as if she had worked
normal daily working hours;

The special protection of women provide that the pregnant women, or those
who have delivered birth and have returned to work after 63 days postpartum, are not
forced to work during the night shift until the child becomes 1 year old, if this harms
the health of the woman and child, in order to not deprive the woman from the
opportunity to work. If the provisions provided prohibition to work, this would
deprive the woman in the cases she wished to work. It also provides additional
guarantees to ensure the return of the woman to work after the end of the maternity
leave.

Guaranteeing non - discrimination in reward for everyone and not only for
males and females. Forecast of the parental leave.


The right of employees to organize a general strike to oppose to the
Governments policies and social and economic measures which impact the interests
of employees.

Extends the tripartite social dialogue even in a regional level. Establishment of


Regional Tripartite Consultative Councils, which will have discussions especially on
the regional policies related to the employment, vocational training, protection of
employees, hygiene and technical safety, production, welfare, education and
economic matters. The establishment of the abovementioned councils reflects the ILO
and EU recommendations to stimulate the social dialogue in regional level as well.

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