The Kosovo Institute for Justice (IKD) has issued a warning that it will initiate legal proceedings if the authorities fail to take concrete action towards reforming the Public Sector Wage Law. IKD researcher Naim Jakaj stated that the organization would file a lawsuit on behalf of the 84,000 civil servants impacted by the current situation.
Jakaj’s statements were made during a roundtable discussion organized by the Kosovo Education, Science, and Culture Trade Union (SBAShK) and the American Center for Solidarity, where the main challenges affecting workers and trade unions in Kosovo were discussed.
Legal Implications and Delays
Jakaj criticized the government for failing to approve amendments to the Wage Law, describing this as a disregard for the Constitutional Court, a violation of the Constitution, and a breach of the legal rights of civil servants regarding wage supplements. This delay has left thousands of public sector employees without entitled benefits.
“The failure to initiate the Wage Law, despite the Constitutional Court’s ruling that obligates the government and parliament to adopt it by August 1, 2024, not only undermines the social and economic rights of thousands of civil servants but also sets a dangerous precedent for disregarding the rule of law,” Jakaj emphasized. He highlighted that the situation is creating uncertainty and insecurity for a broad category of workers.
Broader Issues at Stake
Apart from the Wage Law, Jakaj also raised concerns over other critical issues:
- The lack of collective agreements, which hinders workers from defending their rights in an organized manner.
- The non-functioning of the Economic-Social Council, which should serve as a platform for dialogue between the government, trade unions, and employers.
Jakaj stressed that resolving these issues is crucial to improving the well-being of workers and ensuring a system that respects both legal rights and obligations.
Advancing Workers’ Rights
Jakaj further underscored the importance of advancing trade union and social rights in Kosovo. He argued that in a democratic society, social dialogue and workers’ representation are essential for creating a fair and safe working environment.
In cooperation with the Kosovo Federation of Trade Unions (BSPK) and SBAShK, IKD has also worked on publishing a “Guide for Declaring Legal Strikes” ahead of International Workers’ Day on April 30, 2024. This guide has served as a helpful tool for trade unions and has promoted social dialogue as a critical means of resolving disputes.
Representation in Decision-Making
Jakaj also pointed out the non-appointment of union representatives to the Pension Savings Fund Board, which he said has negatively impacted workers’ rights to be represented in decision-making processes.
In conclusion, Jakaj reaffirmed IKD’s commitment to supporting citizens and trade unions in securing their social rights, justice, and the rule of law in Kosovo.
