Harmonizing Legal Frameworks: A Comparative Legal Overview of Employee Transfers in Albania and Selected EU Countries
Keywords:
Employee transfer, Albanian legislation, selected EU countries legilsations
Abstract
Employee transfer is an important phenomenon that impacts both the public and private sectors worldwide. It is one of the most important managerial and productive instruments that a company can use. Although it is commonly practiced, the institution of internal employee transfers is not regulated in the Labor Code of Albania. Albanian legislation only recognizes the internal transfer of one category of employees, the civil servants. In this regard, there arises an urgent need for the immediate regulation of this institution for the other categories of employees as well. In the context of Albania's accession to the European Union, implementing such regulations would ensure effective protection for employees in accordance with European legislation. Without such regulation, transfers could become a mechanism that employers might misuse. This research paper employs various scientific methods, including historical, analytical, and comparative methods. Following a historical analysis of Albanian legislation, the paper examines employee transfers under current Albanian laws and those of selected EU countries. In conclusion, it is essential for the Albanian Labor Code to establish regulations for internal employee transfers that align with leading European legislations, which have often served as models for shaping Albanian law.
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References
1. Barraca, F., Rinaldi M. (2022), Il trasferimento del lavoratore, Key Editore
2. Budiman, A. (2018), Employee Transfer: a Review of Recent Literature, Journal of Public Administration Studies, vol. 3, no.1, pp. 33-36, DOI: https://doi.org/10.21776/ub.jpas.2018.003.01.5
3. Cardarello, C. (2000), Il trasferimento del lavoratore. Presupposti, limiti
4. Çela, K. (2008), E drejte e punes, Ilar
5. Fockler, A. (2019). Improving the employee transfer experience within an organization. The Organizational Improvement Plan at Western University, 75. Retrieved from https://ir.lib.uwo.ca/oip/75
6. Grangé, J. & Ventejou, C. (2024). Employment and Employee Benefit in France: Overview, Thomson Reuters
7. Kayıhan, Ş., & Turanlı, H. (2023). A Comparative Study on the Transfer of Workplace (or Business) and Protection of Employees. Yıldırım Beyazıt Hukuk Dergisi (1), pp. 285-309. DOI: https://doi.org/10.33432/ybuhukuk.1194759
8. Meleca , V. (2015). Transferimento del lavoratore, Diritto & Pratica del Lavoro 6/2015
9. Milkani, L. (n.d). Manual for Employees and Unions. Individual and Collective Protection at Work, Friedrich Ebert Stiftung
10. Prince, J. B. (2005), Career‐focused employee transfer processes, Career Development International, vol. 10 No. 4, pp. 293-309, DOI: https://doi.org/10.1108/13620430510609136
11. Tavares, M. F. F. (2020). Across establishments, within firms: Worker’s mobility, knowledge transfer and survival, Journal for Labour Market Research, Springer; Institute for Employment Research/ Institut für Arbeitsmarkt- und Berufsforschung (IAB), vol. 54(1), pp. 1-19
12. Albanian Civil Code, 1928
13. Albanian People's Advocate, Special Report 3, Public Administration and Regulation of Employment Relations, March 2016
14. Betriebsverfassungsgesetz-BetrVG (Works Constitution Act)
15. Bürgerliches Gesetzbuch, BGB (German Civil Code BGB)
16. Code du travail (Labor Code)
17. Codice Civile Italiano (Italian Civil Code)
18. Constitution of the Republic of Albania
19. Council Directive 2001/23/EC of March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses
20. Decision No. 143, dated March 12, 2024
On Recruitment Procedures, Selection, Probation Period, Parallel Transfers, and Promotions for Executive, Lower, and Middle Management Civil Servants Official Gazette No. 35, dated March 24, 2024
21. Decision No. 125, dated February 17, 2016, On Temporary and Permanent Transfers of Civil Servants
Official Gazette, Year 2016, No. 28
22. Decision of the Council of Ministers No. 171, dated March 26, 2014
"On Permanent and Temporary Transfers of Civil Servants, Suspension, and Release from Civil Service"
23. Decision of the Council of Ministers No. 816, dated October 7, 2015
"On the Approval of the Regulation of the Foreign Service of the Republic of Albania"
24. Decision of the Council of Ministers No. 109, dated February 26, 2014 "On the Evaluation of the Work Performance of Civil Servants" (Amended by Decision No. 252, dated March 30, 2016)
25. Decision No. 68, dated June 10, 2021, of the Commissioner for the Oversight of Civil Service
26. Decreto Legislativo 30 marzo 2001, n.165, Norme generali sull’ordinamento del lavoro alle dipendenze delle amministrazioni pubbliche (Legislative Decree of March 30, 2001, No. 165, General Rules on the Organization of Work in the Public Administration)
27. Decreto Legislativo 26 marzo 2001, n.151, Testo unico delle disposizioni legislative in material di tutela e sostegno della maternita e della paternita, a norma dell’articolo 15 della legge 8 marzo 2000, n.53 (Legislative Decree 26 March 2001, n.151, Consolidated text of legislative provisions on the protection and support of maternity and paternity, pursuant to article 15 of law 8 March 2000, n.53)
28. Decree-Law No. 726, dated July 17, 1949
On the Recruitment of Specialists, the Prohibition of Unauthorized Leave from Work, and the Mandatory Transfer of Workers and Officials from One Enterprise or Institution to Another]
29. European Commission, Albania 2022 Report
30. Gewerbeordnung (GewO) (Trade, Commerce and Industry Regulation Act)
31. Institution of the People's Advocate, (2016), Special Report. Public Administration and Regulation of Employment Relations
32. Italian Supreme Court, Judgment No. 11180/2019
33. Labor Code of the People's Republic of Albania, approved by Law No. 22250, dated April 3, 1956
34. Labor Code of the People's Republic of Albania, approved by Law No. 4147, dated September 12, 1966
35. Labor Code of the Socialist People's Republic of Albania, approved by Law No. 6200, dated June 27, 1980, effective from October 1, 1980
36. Law No. 152/2013, "On the Civil Servant," as amended
37. Law No. 7961, dated July 12, 1995, Labor Code of the Republic of Albania, as amended
38. Law No. 22, dated December 15, 1944, of the Presidium of the National Liberation Anti-Fascist Council
On the Civil Mobilization of Specialists
39. Law No. 48, dated April 13, 1945
On the Extension of Civil Mobilization Provisions to All Persons Called to State Service
40. Law No. 82, dated July 9, 1945, of the National Anti-Fascist Liberation Committee (KANÇ) "On Working Time, Protection, and Remuneration of Labor"
41. Law No. 527, dated August 25, 1947
42. Unifying Decision of the Joint Colleges of the High Court, No. 7, dated 01.06.2011
2. Budiman, A. (2018), Employee Transfer: a Review of Recent Literature, Journal of Public Administration Studies, vol. 3, no.1, pp. 33-36, DOI: https://doi.org/10.21776/ub.jpas.2018.003.01.5
3. Cardarello, C. (2000), Il trasferimento del lavoratore. Presupposti, limiti
4. Çela, K. (2008), E drejte e punes, Ilar
5. Fockler, A. (2019). Improving the employee transfer experience within an organization. The Organizational Improvement Plan at Western University, 75. Retrieved from https://ir.lib.uwo.ca/oip/75
6. Grangé, J. & Ventejou, C. (2024). Employment and Employee Benefit in France: Overview, Thomson Reuters
7. Kayıhan, Ş., & Turanlı, H. (2023). A Comparative Study on the Transfer of Workplace (or Business) and Protection of Employees. Yıldırım Beyazıt Hukuk Dergisi (1), pp. 285-309. DOI: https://doi.org/10.33432/ybuhukuk.1194759
8. Meleca , V. (2015). Transferimento del lavoratore, Diritto & Pratica del Lavoro 6/2015
9. Milkani, L. (n.d). Manual for Employees and Unions. Individual and Collective Protection at Work, Friedrich Ebert Stiftung
10. Prince, J. B. (2005), Career‐focused employee transfer processes, Career Development International, vol. 10 No. 4, pp. 293-309, DOI: https://doi.org/10.1108/13620430510609136
11. Tavares, M. F. F. (2020). Across establishments, within firms: Worker’s mobility, knowledge transfer and survival, Journal for Labour Market Research, Springer; Institute for Employment Research/ Institut für Arbeitsmarkt- und Berufsforschung (IAB), vol. 54(1), pp. 1-19
12. Albanian Civil Code, 1928
13. Albanian People's Advocate, Special Report 3, Public Administration and Regulation of Employment Relations, March 2016
14. Betriebsverfassungsgesetz-BetrVG (Works Constitution Act)
15. Bürgerliches Gesetzbuch, BGB (German Civil Code BGB)
16. Code du travail (Labor Code)
17. Codice Civile Italiano (Italian Civil Code)
18. Constitution of the Republic of Albania
19. Council Directive 2001/23/EC of March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses
20. Decision No. 143, dated March 12, 2024
On Recruitment Procedures, Selection, Probation Period, Parallel Transfers, and Promotions for Executive, Lower, and Middle Management Civil Servants Official Gazette No. 35, dated March 24, 2024
21. Decision No. 125, dated February 17, 2016, On Temporary and Permanent Transfers of Civil Servants
Official Gazette, Year 2016, No. 28
22. Decision of the Council of Ministers No. 171, dated March 26, 2014
"On Permanent and Temporary Transfers of Civil Servants, Suspension, and Release from Civil Service"
23. Decision of the Council of Ministers No. 816, dated October 7, 2015
"On the Approval of the Regulation of the Foreign Service of the Republic of Albania"
24. Decision of the Council of Ministers No. 109, dated February 26, 2014 "On the Evaluation of the Work Performance of Civil Servants" (Amended by Decision No. 252, dated March 30, 2016)
25. Decision No. 68, dated June 10, 2021, of the Commissioner for the Oversight of Civil Service
26. Decreto Legislativo 30 marzo 2001, n.165, Norme generali sull’ordinamento del lavoro alle dipendenze delle amministrazioni pubbliche (Legislative Decree of March 30, 2001, No. 165, General Rules on the Organization of Work in the Public Administration)
27. Decreto Legislativo 26 marzo 2001, n.151, Testo unico delle disposizioni legislative in material di tutela e sostegno della maternita e della paternita, a norma dell’articolo 15 della legge 8 marzo 2000, n.53 (Legislative Decree 26 March 2001, n.151, Consolidated text of legislative provisions on the protection and support of maternity and paternity, pursuant to article 15 of law 8 March 2000, n.53)
28. Decree-Law No. 726, dated July 17, 1949
On the Recruitment of Specialists, the Prohibition of Unauthorized Leave from Work, and the Mandatory Transfer of Workers and Officials from One Enterprise or Institution to Another]
29. European Commission, Albania 2022 Report
30. Gewerbeordnung (GewO) (Trade, Commerce and Industry Regulation Act)
31. Institution of the People's Advocate, (2016), Special Report. Public Administration and Regulation of Employment Relations
32. Italian Supreme Court, Judgment No. 11180/2019
33. Labor Code of the People's Republic of Albania, approved by Law No. 22250, dated April 3, 1956
34. Labor Code of the People's Republic of Albania, approved by Law No. 4147, dated September 12, 1966
35. Labor Code of the Socialist People's Republic of Albania, approved by Law No. 6200, dated June 27, 1980, effective from October 1, 1980
36. Law No. 152/2013, "On the Civil Servant," as amended
37. Law No. 7961, dated July 12, 1995, Labor Code of the Republic of Albania, as amended
38. Law No. 22, dated December 15, 1944, of the Presidium of the National Liberation Anti-Fascist Council
On the Civil Mobilization of Specialists
39. Law No. 48, dated April 13, 1945
On the Extension of Civil Mobilization Provisions to All Persons Called to State Service
40. Law No. 82, dated July 9, 1945, of the National Anti-Fascist Liberation Committee (KANÇ) "On Working Time, Protection, and Remuneration of Labor"
41. Law No. 527, dated August 25, 1947
42. Unifying Decision of the Joint Colleges of the High Court, No. 7, dated 01.06.2011
Published
2024-08-31
How to Cite
Kau, R., & Gjika, J. (2024). Harmonizing Legal Frameworks: A Comparative Legal Overview of Employee Transfers in Albania and Selected EU Countries. European Scientific Journal, ESJ, 20(23), 20. https://doi.org/10.19044/esj.2024.v20n23p20
Section
ESJ Humanities
Copyright (c) 2024 Renata Kau, Jonida Gjika
This work is licensed under a Creative Commons Attribution 4.0 International License.
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