2010 Annual Survey of violations of trade union rights - Kosovo
|Publisher||International Trade Union Confederation|
|Publication Date||9 June 2010|
|Cite as||International Trade Union Confederation, 2010 Annual Survey of violations of trade union rights - Kosovo, 9 June 2010, available at: http://www.refworld.org/docid/4c4fec6f37.html [accessed 28 November 2015]|
ILO Core Conventions Ratified:
Workers' and trade union rights violations are not uncommon. Two healthcare professionals lost their jobs in connection with their trade union activities. Large gaps remain in the labour legislation as important laws failed to materialise in 2009.
Trade union rights in law
The labour legislation is in transition. The 2008 Constitution guarantees the freedom to establish and join trade unions, and the United Nations Mission in Kosovo (UNMIK) regulation 2001/27 on the Essential Labour Law of Kosovo stipulates basic trade union rights. However, a draft Labour Law scheduled to be passed in March 2009 has not yet been adopted, which is also the case for the Law on Trade Union Organisations and the Law on Strikes. UNMIK regulation 2001/27 provides for the right to collective bargaining at the national, sectoral and enterprise levels, and the maximum duration of collective agreements is set to three years.
Trade union rights in practice and violations in 2009
Background: On 11 December, the International Court of Justice concluded the hearings on the legality of Kosovo's declaration of independence, and began deliberations on the case. In November, the first post-independence local elections took place. The social situation remained very difficult and the land is one of the poorest in Europe. In March, over 13,000 healthcare workers went on a week-long strike to protest about the government's failure to honour a promised pay rise.
Anti-union employers: Workers' rights are violated in every sector, including in international organisations. Only a small number of companies respect rules prohibiting anti-union discrimination, and sometimes workers are prevented from joining trade unions.
Union activists dismissed: Two members of the Federation of Healthcare Trade Unions lost their jobs in connection with their union activities. Begzad Dërmaku, previously employed by a public health care institution in Kamenica and Nazif Reka, previously employed by a public health care institution in Kaçanik, challenged their dismissals in courts. Reka won in the first and second court instances, but his employer made a further appeal.