Page 72 - Albanian law on entrepreuners and companies - text with with commentary

statute with regard to the involvement of employees: the company management and employee
representatives may establish employee participation on board level by negotiation. Also, the
Statute may provide from the beginning (or by later amendement) that one or more
Supervisoy Board members shall be appointed and dismissed by employees, Article 167 (4) 2.
The 2013 Albanian Cross-Border Mergers Law also mirrors the EU provisions (Regulation
2157/2001 EC on the Statute for a European Company (SE) and by Directive 2001/86/EC)
therefore aligning the EU provisions and Albanian Law.

Article 19
Employee Council
Employees of a company having more than 50 employees shall set up an Employee
Council for a maximum term of 5 years. In a company having more than 20 but less
than 50 employees, the functions of the employee council shall be covered by one
employee representative for each 10 elected by the assembly of company employees
through secret ballot. Additional council members shall be elected for each additional
number of 20 employees up to a maximum of 30 council members. The council may
establish by-laws to organize its procedures.

Comments:

Article 19 provides that a company may have a number of system of employee
participation. The only prohibition is the EU restriction which makes the company have an
Employee Council if there are a designated number of employees and a system to manage the
Council. After that any company may design a system in anyway and organize any Employee
Participation system. This may be done by drafting an Employee Participation system into the
Statute or by designing and drafting by-laws for the company.

Article 20
Rights and Obligations of the Employee Council
(1) The Employee Council shall monitor the enforcement of laws, collective
agreements and provisions of the Statute and represent the interests of company
employees. It shall participate in the decision-making for the utilization of special funds
and other assets of the company in conformity with collective agreements and the
Statute. Likewise, it shall take part in deciding on the distribution of profits, which by
the decision of the General Meeting belong to the employees.
(2) The legal representative of the company shall keep the Employee Council
informed about the activities and performance of the company with particular reference
to the effects of company policies regarding working conditions, wages, occupational
safety, profit sharing, status changes, company pension systems, company restructuring
and affiliation. On request of the Employee Council, the legal representative shall

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