Open-ended or fixed-term employment contract
1. –First you have to consider whether your candidate will be employed on a fixed-term or on an open-ended employment contract.
Careful here, because a fixed term contract must meet some requirements, and you need to know if your situation is applicable to a fix term contract or not.
Job title and other employment details
2. –You will have to define the job title, job description, daily work schedule, weekly working hours, is it going to be applied a trial period or not , its duration etc.
Applicable law
3. – You will need to check if you meet the requirements of the Albanian Labor Code but also of the collective bargaining agreement if applicable in your company.
Signing a confidentiality agreement and/or noncompeting clause
4. – If the employer is an executive you might want to add a confidentiality agreement or a non compete clause.
Please pay attention because the Labor Code has clear rules upon the conditions that the non-compete clauses should fulfill.
To be valid it needs to have some limitations both in geographical scope and duration.It also needs to provide a specific indemnity for the employee.
Administrative declarations and capability of the job
5. – Finally there are some last issues to consider:
a. –Make the proper administrative declarations required from Labor Office and Social Insurances. Please make sure to respect the deadlines required by respective laws.
b. –You should plan an appointment with the company doctor and make sure the employee has received the certificate from the medical-legal council (which certifies that the employee is healthy for the position) .In addition, the company doctor should make a preliminary health check up, to make sure the employee does not risk his/her health, if exposed towards any professional risks at the workplace.
Congratulations, you are now ready to finalize the employment agreement!
Dislaimer notice!
As per above is a general and practical information on what you need to consider when hiring an employee in Albania. This post and its content does not substitute the employment contract, nor the legal requirements of law. The hereby information is general and it is not a legal advice, and should not be treated as such. The legal information on this post is provided “as is” without any representations or warranties , expressed or implied . Specific and detailed definitions should be incorporated in the individual employment contract, as per Labor Code , article 21 and ongoing or any other applicable law in force. Each employment contract has its own specifics and this information is not an alternative to professional legal advice, nor it creates a relation attorney-client. Employment Law Albania shall not be held responsible for any decision or action you make with regard to this post. If you have any specific questions about any legal matter please contact at our email address:[email protected] .
