Employment contracts in Kosovo: types, template

The employment contract is the document that protects both employer and employee the most. Without it, every disagreement about pay, hours or leaving becomes one person's word against the other's. This article explains the types of contract, what they must contain and gives a structure you can use as a starting point.

Types of employment contract#

The Law on Labour recognises three main types:

Type	When it's used	Watch out
Open-ended	Permanent work	Termination needs a reason and notice
Fixed-term	Seasonal work, cover, a project with an end date	Successive contracts over ten years count as open-ended
For specific tasks	A defined job that ends when the task is done	The task must be described clearly

If the contract doesn't state its type, or the employee keeps working after it expires without a new contract, the relationship risks being treated as open-ended.

Required elements#

Under the Law on Labour, a contract should include at least:

1. the parties: the employer's legal name and NUI, the employee's name and personal number;
2. the place of work and its address;
3. the position and job description;
4. the start date and, for fixed-term contracts, the end date;
5. the contract type;
6. gross pay, supplements, how and when it's paid;
7. working hours, usually 40 a week;
8. annual leave, at least four weeks;
9. notice periods for termination;
10. probation, if any, up to six months.

Structure of an employment contract#

This is the usual structure. Use it as a checklist, not as a final document:

EMPLOYMENT CONTRACT

Article 1. Parties
Article 2. Contract type and duration
Article 3. Probation
Article 4. Position, place of work and duties
Article 5. Working hours and overtime
Article 6. Pay, supplements and payment
Article 7. Annual leave, other leave and holidays
Article 8. Health and safety at work
Article 9. Confidentiality (and, if any, non-compete)
Article 10. Termination and notice periods
Article 11. Dispute resolution
Article 12. Final provisions (copies, date, signatures)

Clauses worth adding#

• Confidentiality: for work with clients, prices or personal data. See Personal data protection.
• Non-compete: valid only if limited in time and place, and reasonable.
• Work equipment: a laptop, phone or company car and returning them on leaving.
• Working from home: when it's allowed, how hours are recorded and who pays the costs.

Changing the contract#

Pay, position, place of work and hours are changed with a contract annex signed by both parties. A minimum wage increase, for example, needs an annex for every employee who was below the new amount. See Minimum wage in Kosovo.

Mistakes that lead to fines#

• The employee starts work before the contract is signed.
• The contract states one wage while the rest is paid in cash.
• A fixed-term contract is renewed endlessly without reason.
• The employee doesn't have their own copy.
• The contract doesn't match the EDI filing.

After signing#

The employee must be declared to ATK and contributions paid from the first month. The steps are in Hiring your first employee. When a contract ends or is terminated, see Ending an employment contract.

Job seekers often check an employer before signing. On Kerko you can see any business's status, owners and age; verify your business so the profile also shows the right contact details.