UNMIK/PR/513
UNMIK is in the process of issuing legislative proposals in order to overcome the lack of a relevant or applicable labour law in Kosovo.
UNMIK will soon issue a Regulation on the Fundamental Principles and Rights at Work to deal with the urgent need to establish general rules for the Kosovo labour market.
The new Regulation is being promulgated in an effort to update the pre-1989 labour law and bring it in conformity with an emerging market economy. Its purpose is to encourage much-needed foreign investment in Kosovo by providing greater clarity to the current situation. At the same time, it seeks to protect the rights of employees and ensure that employers and business organizations fulfill their legal obligations.
The proposed regulation aims at enacting the major provisions of the fundamental internationally -recognized labour standards such as freedom of association, freedom of bargaining, and equal employment, with prohibitions on discrimination, forced labor and child labor. It will give a legal basis to various collective agreements. The draft labour regulation is currently under review by the UNMIK Legal Office.
In the meantime, and following discussions with the Department of Labour and Employment, UNMIK has proceeded with a gradual approach to labour law, by issuing ‘recommendations’ on various labour matters such as procedures regarding employment relationships (i.e. terms of employment and termination). Another recommendation sets guidelines for employers and employees regarding mass lay-offs in the public sector. These recommendations will not be legally binding for an initial six-month period. Then a review will be undertaken to determine whether they should be made into law. Labour law will thus be developed in stages in order to engage reactions to it from all interested parties, and to respond to any concerns raised.