The legal nature of the individual employment contract in the spirit of Kosovo's integration in the European Union

Author:Avdullah Robaj
Position:Haxhi Zeka' University in Peja, Republic of Kosovo
Pages:69-79
SUMMARY

As a legal notion, freedom of work and the right to work are respectively the freedom and the right to work or not to work. This thesis is closely related to the action rule of the labour market supply and demand law. Kosovo, on national level, has promulgated a number of laws deriving from labour law, adapting them to international laws and European Union standards. This approach of Kosovo has... (see full summary)

 
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The legal nature of the individual employment contract in the spirit
of Kosovo's integration in the European Union
Assistant professor Avdullah ROBAJ1
Abstract
As a legal notion, freedom of work an d the right to work are respectively the
freedom and the right to work or not to work. This thesis is closely related to th e action rule
of the labour market supply and demand law. Kosovo, on national level, has promulgated a
number of laws deriving from labour law, adapting them to international laws and
European Union standards. This approach of Kosovo has to do more with its needs and
aspirations to join international organizations. The purpose of this paper is the research
through statistical data and facts published in the a nnual reports of state bodies and non-
governmental organizations on the practical implementation of the European Un ion and
the International Labour Organization labour legislation and standards in the Republic of
Kosovo. Empirical character research findings have con cluded that labour rights
violations in Kosovo are evident and widespread both in the public and private sector,
without exception, and these labour rights violations continue.
Keywords: employee; employer; labour insp ectorate; labour legislation;
individual employment contract.
JEL Classification: K31, K33
1. Introduction
Analysing the democratic legal relations of labour in the current conditions
of economic and social development means first and foremost, identifying the
essence and the main features of them and the trends of development and
perfection of these relations in the future. Kosovo legislation has already given
these relations a new modern European profile. Consequently, the dimensions of
freedom and rights of employees have been expanded and enriched, thus ensuring
the approach of the entering, change and termination of these relations with the acts
of international law. By regulating the social relations of labour with the legal
norms, the state assigns rights and legal obligations to the labour participants. The
legal rights and obligations deriving from these relationships are both for the
employee and the employer. The employment contract is one of the basic
categories of labour law. It most often represents the legal basis for establishing
employment relationships in all countries with a market economy. Although it
should be considered that the existence of the constitutional and legal framework is
only a prerequisite for the rule of law, equally important is the functioning of
various controlling mechanisms of the implementation of constitutional and legal
norms, and in particular, the creation of a new mentality of both public officials
1 Avdullah Robaj - “Haxhi Zeka” University in Peja, Republic of Kosovo, avdullah_robaj@hotmail.com.

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