Employment contracts have to be in writing and must be signed by the employer and employee.
The Law on Labour identifies only three types of employment contracts:
- Employment contracts for a fixed period
- Employment contracts for an indefinite period
- Employment contracts for specific tasks and duties.
Employment contract which contains no indication of its duration shall be deemed to be for an indefinite period.
Employment contracts for a fixed period
This type of contract may be conclude for a period of up to 10 years. The employment contract for a fixed period is the most common employment contract used by companies as employers in Kosovo.
Employment contracts for an indefinite period
A contract for an indefinite period contains no indication of its duration. If a contract for a fixed period of time is renewed for more than 10 years consequently, it shall automatically be deemed as a contract for an indefinite period. The main difference between employment contracts for a fixed period and employment contracts for an indefinite period is the different termination notice period requirements.
Employment contracts for specific tasks and duties
An employment contract for specific tasks and duties may not be established for a longer period than one hundred and twenty (120) days within a year. In case the contract exceeds the 120 days limit, it is deemed to be a contract for a fixed period of time.
The rights and obligations related to the employee in a contract for specific tasks and duties are the same as with other employment contract, except for the fact that the employee is not entitled to annual leave.
What are the clauses which an employment contract should contain?
The Law on Labour sets the mandatory clauses that every type of employment contract must contain:
- Data about the Employer (name of the company, registered office and business registration number)
- Accurate data for the employee (name, surname, qualification and residence)
- Employee position and duties
- The place of work and notice if the work will be performed at various locations
- The number of work hours per day, per week and work schedule
- Date of commencement of work
- Duration of the contract
- Salary and compensation
- Annual leave
- Termination of the employment contract