Another success of Albanian law, in the defense of the position of a client company, in the procedure at the National Conciliation Office at the Ministry of Finance and Economy

“Legale Albania”, represented by the lawyer Dr. Lulzim Alushaj in collaboration with the lawyer Xhesilda Balashi and the lawyer Eva Priska, has successfully concluded the practice followed in the interest of one of its client companies at all public institutions where legal intervention and advice/assistance was requested. This practice, one could say, completes one of the situations that can arise during the life of a company and can be considered as one of the “example” cases for other cases that have the same object. This is a case of request for the start of negotiations for the stipulation of the Collective Labor Agreement with a company under Albanian law, where the Union has turned to the Company for the start of the same. The Union has presented the request to the Company but without attaching any proof for the representativeness of the members, the number of members of the Union, while on the part of the Company as a first step for the start of negotiations, the evidence was immediately requested on the basis of article 163 of the Labor Code. The latter did not comply with this request as the Union initially simply presented a list of names and later a personal statement from the President of the Union on representativeness, which was rightly rejected by the Company as it did not comply with the criteria of the law in force. Under these conditions, the Union, pursuant to Article 192 of the Labor Code, submitted a request to the competent Ministry for the resolution of the dispute over the stipulation of the collective labor agreement with the Company, which was initiated for mediation procedures. During all the meetings held, initially with the intermediary officials members at the competent office at the Ministry of Finance and Economy, the reasons for the opposition by the Company were presented based on the provisions of law applicable to this case and that negotiations with the Company for the stipulation of the Collective Labor Agreement must be started when the Union presents the document proving its representativeness and membership and until this fact is demonstrated then there could be no negotiations between the parties. Since, even after several meetings, the mediation between the parties was not successful then, for the amicable resolution of the collective labor conflict between the parties, the members of the National Conciliation Office at the competent Ministry were called and brought together. In the meeting held by this Office, the representatives of the parties participated and, based on the subject of the request of the Union, it was decided not to accept its request as it was not based on a regular legal procedure. According to the decision of this Office, the Union, in addition to the written request, legal recognition and a copy of its statute, must submit proof of representativeness in the form required by law. The National Conciliation Office decides to confirm the reasoning used from the beginning by the professionals of Legal Albania in the defense of the Company, as it found its claims founded in the law.