Daily working hours
Weekly working hours
Working during holidays
Overtime during holidays
The Labour Code is the main legal instrument regulating employment relationships in Albania. It sets the minimum standards for employment conditions which must be followed by all employers and employees. With regard to working time (eg, daily and weekly working time, night work and shifts, overtime and rest periods), the code provides the following rules.
Under Article 78 of the code, the normal daily working hours must not exceed eight hours. The 'daily working hours' are the period of time for effective work performed every day, from 00:00 hours until 24:00 of the same day (excluding rest). The daily rest should consist of at least 11 consecutive hours within the same day (or, if necessary, across two days).
Under Article 80 of the code, any working hour performed between 10:00pm and 6:00am is considered to be night work. The same article provides that the duration of night work and work performed one day before or after such night work shall not exceed a limit of eight consecutive hours. In any case, night work must be followed immediately by daily rest.
Under Article 82 of the code, the 'normal weekly working hours' (defined as the working hours performed from 0:00 Monday until 0:00 of the following Sunday) must not exceed 40 hours.
Under Article 88 of the code, 'overtime hours' are defined as "every working hour which is performed during a day or a week, beyond the normal weekly and/or daily working hours" (ie, beyond eight hours a day or 40 hours a week).
According to Article 89, if required by circumstances, an employer may ask its employees to perform overtime hours, but must also take into account the employees' personal and family circumstances.
Nevertheless, according to Article 90, the employer may not demand the performance of overtime hours by any employee who has already performed 50 hours of work in any given week. Such limit may be exceeded only by a decision of the Council of Ministers or on authorisation of the Work Inspectorate in the case of force majeure or work that must be performed for the common good.
Under Article 81 of the code, any working hour performed between 7:00pm and 10:00pm entitles the employee to remuneration of at least 20% more than the base salary for such hours. Any working hour performed between 10:00pm and 6:00am entitles the employee to remuneration of at least 50% more than the base salary for such hours.
Article 85 of the code provides that normal weekly rest hours must be at least 36 hours, of which 24 are uninterrupted hours. The weekly holiday includes Sunday and is not remunerated. The Council of Ministers may lay down exceptions for specific cases.
Under Article 86, employees should not work during public holidays. Moreover, employees are entitled to be remunerated for public holidays. When a public holiday falls on the day of a weekly holiday, the weekly rest is postponed on the Monday. The Council of Ministers may lay down exceptions for specific cases.
Under Article 87, if an employee works during the weekly or public holidays, he or she must receive at least 25% additional salary (on top of the base salary for such hours) or rest equal to 125% of the hours worked during the weekly or public holiday. Such remuneration should be given within one week before or after the hours worked during the weekly public holiday.
Under Article 91 of the code, if an employee works overtime during a day or a week, the employee must receive at least 25% additional salary (on top of the base salary for such hours) or rest equal to 125% of the overtime hours. Such remuneration should be given within two months of the day on which the overtime is performed.
If the employee works overtime during a weekly or public holiday, the employee must receive at least 50% additional salary (on top of the base salary for such hours) or rest equal to 150% of the hours worked during the weekly or public holiday (unless collective labour agreements provide otherwise).
For further information on this topic please contact Selena Ymeri at Hoxha Memi & Hoxha by telephone (+355 4 227 4558), fax (+355 4 224 4047) or email ([email protected]).