Alarming state for Kosovo workers, fundamental right being violated

In the Kosovo labour market, many workers work without private sector labour contracts. But the data from government institutions, representatives of workers and the business community differ greatly from the percentage.

While representatives of the Independent Union of Kosovo (BSPK) say that on the market more than 50 percent of workers work without employment contracts, business representatives say this figure is more than 20 percent, while government officials estimate that eight percent of the workers on the market are without documents.

Some citizens who work in mainly small businesses admit to working without employment contracts.

The reason for not asking for such a document from the employer may, they say, affect the loss of the workplace.

Flala says she has been working for six months in a shop in downtown Pristina, without contract. She says other workers don't have any written agreements either.

Even without a contract and I think I worked well, the owner didn't treat us well. And one day when I'm done working, my employer has shown me that he's firing me from”, Flaka says.

But, unlike Flaka, Ylza Slovena, works at a micro-financial institution in Pristina and owns work contracts. Yllza says the contract offers security at work.

I have a working contract for an indefinite period. Of course, I feel safer, because it guarantees my job”, says Ylza Slovena.

On the other hand, Yusuf Azemi, chairman of the independent private sector Union, within the Kosovo Independent Union of Unions, says that more than 150 thousand citizens in Kosovo are estimated to work without labour contracts.

If we take it by percentage, it spends over 50 percent of the workers, especially in summertime, more than 60 percent because it is a greater summer -time attendance”, Azemi claims.

But this percentage is unacceptable to Kosovo Government officials. Basri Ibrahimi, chief inspector of the Labour Inspectorate working under the Ministry of Labour and Social Management, for Radio Free Europe, says that the percentage of workers without labour contracts could reach about 10, eventually 12 percent.

But in general perception, we can reach up to 10 - 12 percent of workers without employment contracts. So it's not that percentage (50 per cent), because Kosovo doesn't even have the potential to have so many people on the market without labour contracts”, says Ibrahimi.

Meanwhile, according to a research that has prepared the Kosovo Business Alliance, it turns out that more than 20 percent of citizens work illegally.

The largest number of these workers work in the construction, agriculture and service sectors.

The chairman of this alliance, Agim Sahini, pointing to the reasons for contractless work, tells Radio Free Europe that 75 percent of the market employees work on employment contracts.

“A reason why they don't have contracts or deals is seasonal affairs, as in a short period the workers don't want to contract, because they're in different social schemes”.

The other key is that often the worker is interested in getting out of the country and does not want to pay taxes and other duties”, Sahin explains.

But, other than that, Yusuf Azemi of BSPK thinks. The reason for the lack of employment contracts, he says, is the unwillingness of the employer, since in the absence of this document, the employer is more likely to manipulate the worker.

He says in most cases owners are not willing to sign agreements with workers.

There are no employees who don't want security at the workplace. Who is the worker who works 10 to 15 years, and when he reaches the retirement period there is no money in the Kosovo Pension Fund?

Our <x0MWs by which we want tools even at the Kosovo Pension Fund are being swallowed up by company owners always with the blessing of state institutions”, Azemi says.

During inspections at several private companies, last year the Labour Inspectorate at the Ministry of Labour and Social Management have encountered more than 11,000 workers without labour contracts.

Basri Ibrahimi, chief inspector in this mechanism, tells Radio Free Europe that by law, companies to carry workers without labour contracts can be fined up to 10,000 euros.

In 99 percent of cases, the Inspectorate finds that there are contractless workers does not release the employer without contracting the employee. Because we go first to inspection, then to re-inspect and don't stop until we call the worker at the Kosovo Tax Administration”, says Ibrahim.

The labour contract is a two-way legal act, which regulates employers and employers' rights.

Under the contract, the employer is obliged to present the employee to the Kosovo Tax Administration and other institutions, which manage and manage mandatory pension schemes and other schemes.

And the employer is obliged to pay contributions and other legal obligations. / REL