The employment contract may only be modified by agreement between the parties and in writing. The employer cannot unilaterally reduce the salary, transfer the workplace, or change the schedule, because Article 23 grants the employee the right to refuse to comply with such an order. The document that makes the change valid is called an addendum and is signed by both parties.
This page shows what an amendment requires, which changes are allowed without it, and what happens when the employee does not agree.
Read also: Employment Contract: The Complete Guide
Article 21, paragraph 1, states that the contract may be amended in writing if the parties agree to do so. Article 23, paragraph 2, on the other hand, closes the matter.
The employee is not obligated to comply with general or specific orders and instructions from the employer that alter the terms of the employment contract. Any change to the contract must be made by agreement between the parties.
Source: Labor Code, Article 23/2
Each element listed in Article 21, paragraph 3. Salary and its components. Position. Job description. Weekly working hours. Leave. Notice period. Probationary period. Disciplinary measures.
Daily instructions on how to perform the work. The allocation of tasks within the same position. Movement between two units when the contract lists both as places of work. These stem from the right of direction and do not require a separate act.
Read also: The twelve elements that every contract must contain.
There is no legally prescribed form, but it contains information that makes it usable in an audit or in court.
The salary was increased from 75,000 LEK to 90,000 LEK as of March 1. The supplementary act was signed on March 12, with an effective date of March 1. This is acceptable because the effective date is explicitly stated. What is not acceptable is designating March 1 as the signing date when the signing actually occurred later.
Salary reduction is the most contested change, and the same rule applies. It requires a written agreement. Without the employee's signature, the reduction takes no effect and the difference remains an unpaid obligation.
Under no circumstances may the wage fall below the national minimum wage, even if the employee agrees in writing.
Many contracts include a clause that gives the employer the right to change the location or schedule as needed. That clause does not survive Section 23. To the extent it conflicts with the law, it is void, while the rest of the contract remains in effect.
What is allowed is to set out the conditions from the outset. If the contract specifies two work locations or a shift schedule from day one, then moving between them does not constitute a change.
Read also: Contributions and wage cap from January 2026
The refusal is his right and does not constitute a disciplinary violation. The employer is left with three options.
First, the contract continues under the old terms and the change does not apply.
Secondly, the parties agree on an interim solution, which is drafted as an additional act.
Third, the employer terminates the contract through the full procedure. This means a preliminary meeting with 72 hours' notice under Article 144, a written decision with reasons, and a notice period of two weeks to three months under Article 143.
Caution: A departure that occurs immediately after rejecting a change is closely scrutinized. If the real reason is refusal, and not ability, conduct, or operational requirements, the decision risks being deemed without reasonable cause under Section 146, with compensation of up to one year's salary.
Read also: Compensation for contributions when the minimum wage increases
This is the case of the transfer of the enterprise or of a part thereof, regulated by Articles 138 and 139.
The rights and obligations arising from the contract pass to the new employer. The contracts are not renewed and seniority is not lost. The employee, even if he objects to the change of employer, remains bound to the new employer until the end of the statutory notice period.
Leave from work for transfer reasons is invalid. The only exceptions are leaves for economic, technological, or structural reasons.
Article 139 requires both employers, the transferring one and the receiving one, to notify the union or the employees themselves at least 30 days before the transfer, stating the reasons, the consequences, and the measures envisaged.
Failure to comply comes at a cost. When, in violation of this procedure, the contract is terminated to the employee's detriment, the employee receives, in addition to the salary for the notice period, compensation of up to six months' salary.
Article 139(1) also applies in this case. The employee's termination of the contract, on the grounds that the transfer brings about fundamental changes in the working conditions to his detriment, is considered an unjustified termination by the employer.
Read also: Ending the relationship, procedure and deadlines
The supplementary act doesn't end with the file. It also affects the statements.
Read also: Changes in the QKB when the headquarters or unit moves
No. Article 23, paragraph 2, requires an agreement between the parties. Without the employee's signature, the change has no effect.
A short document attached to the contract shows the element that changes, the date from which it takes effect, and is signed by both parties.
Yes, with a written agreement, but never below the national minimum wage.
Refusal is not a violation. Termination requires the full procedure of Article 144 and the notice period of Article 143. When the real reason is refusal, the decision risks being deemed without reasonable grounds.
Yes, because the job description is an element of the contract. When only the allocation of duties within the same position changes, an additional act is not required.
They transfer to the new employer with all rights and seniority. Termination of employment for reasons of transfer is invalid.
At least 30 days' notice, pursuant to Article 139. Failure to comply may result in compensation of up to six months' salary.
No. Write the actual date of signing and, separately, the date on which the change takes effect. This is legal and clear.
Read also: How much does accounting services cost in Albania?
