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Another success of Legale Albania, in defense of the position of a client company, in the procedure before the National Reconciliation Office at the Ministry of Finances and Economy

Legale Albania” represented by Adv. Dr. Lulzim Alushaj in collaboration with Adv. Xhesilda Balashi and Adv. Eva Priska has positively concluded the practice followed in the interest of one of its client companies in all public institutions where there was requested involvement and consultancy/legal assistance. This practice completes one of the situations that can arise at any moment in any business and this can be considered as one of the “example” cases for other cases that may have the same object.

The practice started with a request by Labor Union to enter into negotiations for the conclusion of the Collective Labor Agreement with an Albanian trade company.  The Labor Union has submitted the request to the Company, but without presenting any proof for the representativeness of the members, the number of members, while the Company, as a first step for the initiation of negotiations, has requested to present the proof required under Article 63 of the Labor Code. The Labor Union did not comply with this request as it simply submitted a list of names and later a personal statement of representation by the President of the Labor Union, which was rightly opposed by the Company as it was not in accordance with the legal criteria in force.

Under these conditions, the Labor Union, according to Article 192 of the Labor Code, has addressed a request to the responsible Ministry for the resolution of the dispute regarding the signing of the collective labor agreement with the company, which has initiated the mediation procedures.

During all the meetings, initially held with the mediators of the Ministry of Finance and Economy, were presented all the reasons for the opposition, which were based on the legal provisions applicable to this issue. It was submitted that the negotiations with the company for the conclusion of the Collective Labor Agreement will begin when the Labor Union presents proof of its representation and membership. As long as this fact is not proven then there can be no negotiations between these parties. Even after holding several meetings, the mediation between the parties did not have any success. For the resolution of the conflict between the parties, were formed the members of the National Office of Reconciliation at the responsible Ministry.

In the session conducted by this Office, the representatives of the parties participated, and based on the object of the request of the Labor Union, it was decided not to accept its request because it was not supported by regular legal procedures. According to the decision of this Office, the Labor Union, in addition to the written request, legal recognition, and a copy of its Statute, must also present the proof of representation in the form required by law.

The National Conciliation Office decided to confirm the reasoning used from the beginning by the professionals of Legale Albania in defense of the Company, after finding its claims based on the law.

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