Losing a job or facing unfair treatment at work can be one of the most distressing experiences in life. Beyond the financial strain, wrongful termination or workplace discrimination can deeply affect a person’s dignity, career, and family stability.
In Kosovo, employees are protected under Law No. 03/L-212 on Labor, which sets out clear rules for fair employment practices and prohibits unjustified dismissals or discriminatory conduct by employers. Understanding these rights—and knowing how to act when they are violated—is essential.
This guide, written for employees and employers alike, explains what constitutes wrongful termination, how to recognize workplace discrimination, and what steps to take if your employment rights in Kosovo are violated.
Whether you are an employee seeking justice or an employer ensuring compliance, legal guidance from an employment lawyer in Kosovo can help you protect your interests and navigate the complexities of labor law.
Understanding Wrongful Termination in Kosovo
Under Article 66 of Law No. 03/L-212 on Labor, an employer may terminate an employment relationship only with a valid reason related to the employee’s capability, conduct, or the operational needs of the business. Any dismissal that falls outside these criteria may be considered wrongful termination or unfair dismissal.
Legal Grounds for Termination
A lawful termination must be based on one of the following grounds (Article 68):
- Employee’s failure to perform job duties adequately after prior warning.
- Serious breach of employment obligations.
- Misconduct or dishonesty in the workplace.
- Redundancy or restructuring within the company.
- Expiration of a fixed-term contract.
Termination without notice (Article 73) is allowed only in severe cases such as gross misconduct or criminal behavior that makes further employment impossible.
Illegal or Unfair Dismissal
According to Article 70, termination is unlawful when:
- It is not based on valid legal grounds.
- The employer fails to follow proper procedure (e.g., written notice and justification).
- It is connected to the employee’s gender, age, nationality, religion, disability, or political opinion.
- The employee is on maternity leave, sick leave, or official absence.
- The dismissal is retaliation for filing a complaint or whistleblowing.
An employee dismissed under these circumstances may bring a wrongful dismissal claim in Kosovo before the competent court within 30 days of receiving the termination notice (Article 71).
In such cases, consulting an employment lawyer ensures that your rights are preserved and that you seek compensation or reinstatement where appropriate.
Workplace Discrimination: Recognition & Legal Protection
Workplace discrimination remains one of the most common forms of employment violations. Article 5 of the Labor Law explicitly prohibits discrimination on grounds of gender, age, marital status, language, political opinion, nationality, religion, or disability.
Forms of Discrimination
Discrimination can occur during any phase of employment—recruitment, promotion, pay, or termination. Examples include:
- Unequal pay for equal work.
- Refusal to promote based on gender or ethnicity.
- Harassment or bullying motivated by race, religion, or disability.
- Dismissal after reporting misconduct or requesting legal accommodations.
Hypothetical Example
Imagine a worker in Prizren who requests reasonable accommodations for a disability—such as adjusted working hours or accessible facilities—and is later terminated. Such action could constitute unlawful workplace discrimination under Article 5 and may give rise to a discrimination claim in Kosovo courts.
Burden of Proof
In discrimination cases, the Labor Law shifts the burden of proof to the employer once the employee provides sufficient evidence suggesting discriminatory behavior. This means the employer must prove that their actions were justified and not discriminatory.
Victims of discrimination may claim compensation for material and non-material damages, and courts can order reinstatement or corrective measures.
Wage & Hour Issues: Your Rights as an Employee
Employment disputes in Kosovo often involve wage and hour violations—including non-payment of overtime, underpayment, or failure to provide rest periods.
Minimum Wage & Working Hours
Under Article 57, employees are entitled to a minimum wage determined by the Government of Kosovo, with periodic reviews based on economic conditions.
According to Article 20, normal working hours cannot exceed 40 hours per week, and employees are entitled to at least one day of rest per week.
Overtime & Compensation
Article 21 mandates that overtime must be compensated at a premium rate, typically 20–50% higher than the regular hourly wage. Employers must record overtime accurately and may not compel employees to work excessive hours.
Common Violations
Typical violations include:
- Not paying overtime despite documented hours.
- Forcing employees to work beyond the legal limit.
- Misclassifying workers to avoid paying benefits.
Scenario: An employee works 50 hours weekly for months without receiving overtime pay despite signed timesheets. Under Article 20 and 56, the employer must pay the difference plus potential damages.
If your employer refuses to compensate for extra work, a consultation with an employment lawyer in Kosovo can help you file a wage complaint or legal action for recovery.
Steps to Take if You Experience Workplace Violations
If you believe your employment rights have been violated, timely and organized action is critical.
- Document Everything – Keep copies of employment contracts, pay slips, emails, and witness statements.
- Report Internally (if safe) – Raise your concerns with HR or management first.
- File a Complaint – Submit a formal claim to the Labor Inspectorate of Kosovo or relevant authority.
- Consult an Employment Lawyer – Legal advice ensures proper filing and representation in negotiations or court.
- Respect Deadlines – Most claims must be filed within 30 days of the violation or termination.
By taking these steps promptly, you increase the chances of protecting your rights and securing a favorable outcome.
How an Employment Lawyer Can Help
Navigating employment disputes can be emotionally taxing and legally complex. A qualified employment lawyer provides the expertise and support necessary to ensure fair treatment.
At Hoxha & Associates, our legal team assists clients across Kosovo in cases of wrongful termination, discrimination, wage disputes, and unfair dismissal. We offer:
- Comprehensive legal consultation and case assessment.
- Assistance with documentation and evidence gathering.
- Representation before labor authorities and courts.
- Negotiation of settlements and reinstatement.
- Guidance on compliance with Kosovo’s labor regulations.
For more information, visit our service pages:
Conclusion: Protecting Your Rights at Work
Every worker in Kosovo deserves fair treatment, job security, and respect. Whether you’re facing wrongful termination, wage violations, or workplace discrimination, the law provides protection—and you don’t have to face it alone.
If you believe your employment rights have been violated, seek advice from a qualified employment lawyer. Acting promptly can make the difference between injustice and a fair resolution.
Learn more about how our firm can help:
Frequently Asked Questions (FAQ)
Q1: What is wrongful termination under Kosovo law?
Wrongful termination occurs when an employee is dismissed without a valid reason or due process under Articles 67–77 of the Labor Law. Examples include dismissal for discriminatory reasons or without written justification.
Q2: How long do I have to file a discrimination claim?
Employees typically have 30 days from the date of violation to file a claim before the competent court or the Labor Inspectorate.
Q3: Can I be fired without cause in Kosovo?
No. Employers must justify terminations with valid legal reasons. Dismissals without cause may be deemed unfair or unlawful, entitling the employee to reinstatement or compensation.
