Contract form requirement
Law No.03/L –212 On Labour (“LoL”) expressly recognizes only the written form of an employment contract, signed by the employer and the employee which shall contain the minimum rights for the employee stipulated by the LoL. An employment contract shall include the minimum elements as follows: (i) data on the employer (designation, residence and business registration number); (ii) data on the employee (name, surname, qualification and dwelling); (iii) designation, nature and the form of labour and/or services and the job description; (iv) the place of work or a statement that work is performed at various locations; (v) working hours and working schedule; (vi) the date of commencement of work; (vii) the duration of the employment contract; (viii) the basic salary and any other allowance or income; (ix) the period of vacations; (x) terms for the termination of the employment relationship; and (xi) any other data that the employer and employee deem important for the regulation of the employment relationship. An employment contract may include other rights and duties provided for by the LoL.
Minimum employment terms
The minimum employment terms set forth by law which are required to be considered by employers before concluding employment relationships with employees are: (i) a minimum age of 18 (eighteen) years. However, in this respect when an employee is employed for easy labour which does not present a risk to either health or development and such a work is not prohibited by any law or sub legal acts, the LoL allows an employment relationship with persons older than 15 (fifteen) years’ old; (ii) a minimum wage which will be defined annually by the Government of Kosovo based on the proposal of the Social-Economic Council; (iii) an obligation to report employees to the Kosovo Tax Administration (KTA), and to other authorised institutions for managing and administering obligatory pension schemes; and (iv) safety measures.
Employment contracts in Kosovo may be concluded for: (i) an unspecified period; (ii) a specified period; and (iii) specific tasks. A contract for a specified task may not be longer than 120 (one hundred and twenty) days within a year. The period for giving notice to an employee by the employer for termination of an employment relationship depends on the duration of the contract. When an employment contract is concluded for an unspecified period, in the case of the termination of the contract by the employer, the following periods of prior notice shall be taken into consideration:
In the cases when the employment contract is concluded for a specified period, for the prior notice for termination of employment relationships, the employer shall give the employee prior notice of at least 30 (thirty) calendar days. The decision for termination of an employment relationship by the employer is mandatory to be issued in written form and to contain also the grounds for the termination.
The employee may be bound by a post-termination non-compete provision in the employment agreement that can be justified only if the employee has been in contact with business secrets of the employer the dissemination or use of which may seriously damage the employer.