Discrimination and harassment in the workplace are prohibited by Article 9 and Article 32 of the Labor Code. The prohibition covers recruitment, working conditions, pay, promotion, and contract termination. The burden of proof shifts to the employer once the individual presents facts from which discrimination may be inferred. Violation of Article 9 is punishable by a fine of up to fifty times the monthly minimum wage.
This page explains what constitutes discrimination, what constitutes harassment, what an employer is required to do, and how a complaint is handled.
Read also: Workplace Conflicts and Defense: The Complete Guide
Article 9, paragraph 2, provides a broad definition. Discrimination is any distinction, exclusion, restriction, or preference that hinders or makes impossible the exercise of the right to employment and occupation on the same basis as others.
The enumerated reasons are explicitly listed, and the list closes with the phrase "or any other reason," which means that it is not exhaustive.
Article 9, point 5, extends the ban to four areas, and this is the part that is often underestimated.
| Field | Includes |
|---|---|
| Employment opportunity | Selection criteria, recruitment conditions, and promotion to a higher position. |
| Vocational training | Orientation, training and retraining, including practical experience. |
| Working conditions | Including salary and the termination of the employment contract. |
| Organizations | Membership and involvement in trade unions and professional organizations. |
So the job posting and the interview are within the ban, not outside it.
Read also: Mandatory elements of the employment contract
Article 9 recognizes two cases in which the distinction is lawful.
The first is when there is a reasonable and objective justification, according to point 3. The second is when the characteristic constitutes a genuine and professionally necessary requirement for the nature of the work, under point 4, provided that the purpose is justified and the requirement does not exceed what is necessary.
Point 7 also allows for temporary and special measures to accelerate the actual realization of equality, which are discontinued as soon as the objective is achieved.
Article 32 addresses this separately, as part of the protection of the employee's personality.
The posting requirement is concrete and enforceable. It is not met by a hidden paragraph in the regulations.
Article 32, paragraph 2, defines it as any form of unwanted conduct, expressed in words or through physical and symbolic actions, of a sexual nature, that is intended to or results in infringing upon personal dignity, especially when it creates a threatening, hostile, humiliating, demeaning, or offensive environment.
It is prohibited both by the employer toward the employee and among employees, and the employer does not allow it to be carried out by others.
Caution: Article 32, paragraph 4, creates a reporting obligation. Any person who identifies or obtains information about such a breach must immediately notify the employer or the relevant authorities. Paragraph 6 prohibits penalizing, dismissing, or discriminating against anyone who files a complaint or provides a report.
Read also: Internal Regulations and Disciplinary Measures
This is the most important practical element of the entire topic and is repeated in three different articles.
| Situation | Who tries | Article |
|---|---|---|
| Complaint of discrimination | The employer proves that the principle has not been violated. | 9, point 10 |
| Harassment complaint | The person presents facts, then the accused tries to prove the opposite. | 32, point 5 |
| Separation during pregnancy or after childbirth | The employer confirms that the reason was not pregnancy. | 105/a, point 2 |
Therefore, documenting the selection criteria, the evaluations, and the reasons for every decision is not a formality. It is the only real protection when the burden is reversed.
Article 115 addresses it separately and in detail. The employer pays employees equally for the same work or work of equal value, without discriminating on any of the grounds in Article 9.
Equal pay is that which, for the same work evaluated according to the same measurement unit, and for work measured by time, is the same for the same job position.
Differences based on objective criteria, such as the nature and quality of the work, the conditions, professional training, seniority, experience, and responsibilities, are not considered discrimination. When discrimination is found, it is eliminated by assigning the employee a salary that includes all the benefits enjoyed by other employees in a comparable situation.
Read also: Mandatory payroll contributions
Article 146, paragraph 1, deems the termination of the contract without just cause when it violates the prohibition on discrimination, or when it is carried out for reasons related to union membership or participation in union activities.
The consequence is severe. The remedy is invalid, and the compensation amounts to up to one year's salary, which is added to the notice pay.
The lawsuit must be filed within 180 days of the end of the notice period, or within 30 days of discovery if the abusive motive emerges later.
Read also: The removal procedure and its consequences
Article 9, paragraph 9, refers the appeals procedure to the special law on protection against discrimination. In practice, there are three parallel avenues.
A complaint to the Labor Inspectorate remains possible for Code violations that are of a supervisory nature.
| Violation | Article | Mass |
|---|---|---|
| Discrimination in employment and profession | 9 | Up to 2,500,000 LEK |
| Injury to personality and harassment | 32, third paragraph | Up to 1,500,000 LEK |
| Decisions without reasonable grounds | 146, point 3 | Compensation of up to one year's salary |
| Statute of limitations | 146, point 2 | 180 days, or 30 days from discovery |
Read also: Fines under the Labor Code and how they are calculated
The list in Article 9, paragraph 2, includes gender, age, pregnancy, disability, beliefs, trade union membership, and many others, and concludes with "any other ground," meaning it is not exhaustive.
Yes. Article 9, paragraph 5, explicitly extends to the selection criteria and recruitment conditions.
The employer. As soon as the person presents facts from which discrimination may be inferred, the burden of proof shifts to them, pursuant to Article 9, paragraph 10.
Yes. Article 32, paragraph 1, requires the posting of provisions on moral and sexual harassment and the corresponding sanctions.
No. Article 32, paragraph 6, prohibits penalizing, dismissing from employment, and discriminating against anyone who files a complaint or raises an alarm.
The remedy is invalid, and compensation may amount to up to one year's salary, in addition to the notice period's pay, pursuant to Article 146.
Only when they are based on objective criteria, such as the nature of the work, education, seniority, experience, and responsibilities, in accordance with Article 115, paragraph 4.
Up to 50 times the monthly minimum wage, i.e., up to 2,500,000 LEK with a minimum wage of 50,000 LEK.
