Tougher measures for the labor market - New Penal Code/ Illegal employment is punishable by imprisonment
The labor market in Albania will also be targeted by criminal measures, foreseen in the new code put out for public consultation.
Referring to Article 660, on illegal employment, "Implementing, through fraud or abuse of a situation of need, employees in the service of the employer, in working or social security conditions that damage, suppress or limit the rights recognized by law, by collective contracts or by individual contracts, imposing illegal conditions on employees by employing them according to provisions that are not related to the employment contract, or maintaining them in contradiction with legal provisions or administrative orders previously issued for such violations or simultaneously employing a large number of employees without notifying their registration with the competent state bodies or, as the case may be, without obtaining the relevant work authorization, provided that the number of employees affected is at least: 25%, in companies with more than 100 employees' 50%, in companies with more than 10 employees and not more than 100, or all, in companies with more than 5 and not more than 10 employees, constitute criminal offenses. and is punishable by a fine or imprisonment for up to 30 days.
Committing the above acts with violence or threats is punishable by imprisonment of up to 3 years.
The criminal offense of employing foreigners without a work permit has criminalized the repeated employment of foreign citizens who do not have a work permit, or the employment of a minor who lacks a work permit, as well as the employment of a foreigner in violation of the rights of the employee. The penalty for this offense is 4 years in prison.
Also, the criminal offense of “Fraudulent Recruitment of Labor” criminalizes the recruitment of persons or the incitement of persons with the intention of them deciding to leave their jobs by offering them, by fraud, deceit or falsehood, employment or working conditions that are not actually available to them. The penalty for this offense is up to 45 days in prison.
While Article 664 cites that "Anyone who encourages or provides assistance for the emigration of a person to another country by simulating a false contract or residence permit of a foreign country, or by using another similar deception, which creates the conviction to follow the orientation for emigration, is punished by a fine or imprisonment of up to 4 years.
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