Changes to the Labor Code: definition of annual leave

Annual leave is one of the most important elements of the employment relationship, and it is often the subject of discussion and documentation. It is every employee's right to regularly receive annual leave.

Recently, a change has taken place; more precisely, in the form of simplifying and clarifying the section concerning the duration of annual leave and its composition. The law has been published in the Official Gazette. No. 91/2024 For certain amendments to Law No. 7961 of July 12, 1995, “The Labor Code of the Republic of Albania,” as amended.

Article 1
In Article 92, paragraph 2, the phrase “4 calendar weeks”is replaced with the phrase “22 working days”.

Duration

Article 92

1. The duration of paid annual leave is determined by the collective bargaining agreement or by the individual employment contract.

2. The duration of annual leave shall be no less than 4 calendar weeks 22 working days during the ongoing work year. Annual leave does not include public holidays. If a public holiday falls on a paid annual leave day, the annual leave is postponed.

3. When the employee has not completed a full year of service, the length of paid annual leave is determined in proportion to the duration of the employment relationship. Periods of temporary disability are considered work time.

Article 92 of the updated Labor Code

Neni 2

In Article 93, paragraph 3, the phrase “but they must never be fewer than one calendar week without interruption.”is removed.

Annual Leave Date

Article 93

1. The employer, taking into account the employee's wishes, determines the start date of paid annual leave. The employee is notified of the start date of annual leave at least 30 days in advance.

2. Annual leave is postponed when the employee, during the period of this leave, has been hospitalized or has stayed at home due to illness or accident, as evidenced by a medical certificate.

3. Annual leave must be granted during the work year or by the end of the first quarter of the following year., but they must never be fewer than one calendar week without interruption..

4. The right to vacation leave that is not granted by the employer or not taken by the employee expires three years from the date on which the employee is entitled to it.

Article 99 of the updated Labor Code

Article 3

Entry into force

This law takes effect 15 days after its publication in the Official Gazette.

Source: Official Publications Center.