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

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.