In a situation fraught with clear issues often overlooked by institutions, the state of workers in Kosovo continues to be troubling. Workplace fatalities, accidents, and informality remain significant problems, with over 30% of workers employed without a contract. Recent reports indicate that violations of workers’ rights, including non-payment of wages and breaches of working hours, are still widespread. The new labor law, which has been stuck in procedural limbo for an extended period, adds to the uncertainty and ambiguity of the situation.
In this complex context, Chief Inspector Hekuran Nikçi, who has led the Labor Inspectorate for more than two years, sheds light on the daily realities faced by the institution. He provides a detailed overview of the challenges and progress in protecting workers’ rights in Kosovo, emphasizing that while the situation has improved, it remains more complex and difficult than it might appear at first glance.
In an interview with Bllok Magazinë, Nikçi highlights an increase in the number of inspections and progress in reducing workplace accidents. However, he points out that the most significant problems and violations occur in the gastronomy sector and supermarket chains, as these sectors generate the majority of complaints received by his office.
The chief inspector explained that his team is actively engaged in monitoring working conditions in various sectors, including the media, and has imposed fines for the violations found. However, he noted that despite numerous cases of workers’ rights violations in the media—such as non-payment for overtime and holidays, as well as unilateral contract terminations—journalists are not always cooperative in reporting these issues.
Bllok Magazinë: It’s been a little over two years since you took charge of the Labor Inspectorate. What did you find when you first arrived?
Hekuran Nikçi: Yes, I started my role as Chief Inspector of the Central Labor Inspectorate on June 1, 2022. When I arrived, I encountered many challenges, some of which were more fundamental than I had anticipated. I found extremely weak internal controls, a very low number of inspections, and a minimal presence of labor inspectors in the field. There were only 22 labor inspectors across the seven regions of the Republic of Kosovo.
I also discovered a significant backlog of second-degree cases. Our decision-making process has two levels—the initial decision by the inspector, and the second-degree decision made by a commission within the Central Labor Inspectorate, which reviews complaints about the first instance decisions. Some second-degree decisions were more than a year overdue.
Additionally, the logistics of the Inspectorate were in poor condition. The offices and workspaces were in a deplorable state, with outdated and dysfunctional equipment—broken chairs, desks, and old computers.
Since June 1, 2022, we have been working on a strategic development plan for the next five years (2022-2027). This plan, which includes six key objectives, addresses all the issues I mentioned and outlines how we intend to strengthen and develop the Central Labor Inspectorate to better oversee workers’ rights in the Republic of Kosovo.
BLLM: Can we be a little more specific? You are told the control, the number of inspectors or handled and unhandled complaints. The institution you run has traditionally received about 5,000 complaints per year. Has the volume of complaints or the volume of complaint handling increased?
HN: Yes, it means that complaints from citizens or workers have increased, and this has resulted in the opening of the Central Labor Inspectorate to external parties, with the media, with employers and employees, with international organizations, that through all these, the parties or the worker got a better overview of where the IP is and what it is for. We have operationalized the free line to receive complaints and requests; we have operationalized the official e-mail address to receive complaints and requests.
BLLM: Technical stuff though, a day’s work to get it working?
HN: Yes, yes, but nevertheless, with the operationalization of these two tools to receive complaints and requests, with the openness to third parties, workers, employers, media and NGOs, we have become more visible, and as a result the number of complaints has undergone a large increase. And every complaint we have received from June 1, 2022 onwards has been dealt with within the legal deadlines. For the subjects of the second degree, as I said, when I started I found one year late. From the middle of last year – somewhere from May or June of 2023 – we managed to put them in the deadline, and today the Commission of the second degree or the cases of the second degree we have them all within the deadline, and each party that submits a complaint in the second instance, receives a response within the legal deadlines.
BLLM: When we talk about complaints and decisions; an interpretation of the Constitutional Court has said that it is not within the competence of the IP and it was an illegal practice to decide on the return to work or not of workers, compensation, etc., so it did not meet and does not belong to the IP matter. How complex is this thing, knowing the delay of cases in our courts?
HN: Yes, true, there is a judgment of the Constitutional Court dated December 16, 2022. This judgment, decisively, among many other issues, deals with the competence of the Labor Inspectorate and this judgment interprets the Law of the Labor Inspectorate and the Labor Law and it clearly shows, as these laws also show, what is the IP’s competence. Previously, most cases were decided exceeding the powers of the IP, because the labor inspector does not have the right to recognize the party’s right to return to work or not to return to work, to compensation of wages or non-compensation of wages; these are the powers of the courts according to articles 78, 79 and 80 of the Labor Law. This has certainly complicated the work or the progress of the work according to the legality within the IP even after my arrival, but with the publication of this verdict it has been much easier for me as chief inspector, for my subordinates and for the office of the Chief Inspector to do supervision or to carry out inspections according to the legality in Kosovo. There was still a tendency, especially from old inspectors, to do this overstepping on the grounds that this is what we are used to, but after a very short time these obstacles were also overcome.
BLLM: How cooperative are the workers with the Inspectorate and what is the ratio of private and public sector complaints?
HN: The private sector submits more complaints; the ratio is about 5 to 1, meaning that out of five complaints, four come from the private sector.
BLLM: How many people actually file complaints? If there are 5,000 complaints per year, and we have approximately 300,000 formally employed workers in Kosovo, the statistics might suggest that the situation with workers’ rights isn’t so bad. So, is the work environment good, or are there simply fewer complaints?
HN: Compared to previous years, the number of complaints has tripled, and this increase is due to the factors I mentioned earlier. With the greater openness of the Labor Inspectorate, the promotion of our work, the increased presence of inspectors in the field, and so on, more workers are becoming aware of their rights. When a labor inspector visits a legal entity, the staff and workers often realize they can file complaints too. We’re slowly working to rebuild the trust of workers in the Central Labor Inspectorate, which has been very weak. We’re strengthening that trust through our overall efforts—more inspectors in the field, tripling the number of inspections, doubling the number of inspectors, and reducing workplace accidents and fatalities. So far in 2024, we’ve had only one fatality, which is a significant achievement.
BLLM: Only one case this year so far?
HN: Yes, just one case so far this year. If we compare that to previous years—in 2022, we had 15 deaths, in 2023, there were 11 deaths—this year, we’ve had only one case, and we’re already in the eighth month.
BLLM: What about workplace accidents?
HN: I don’t have the exact statistics right now, but we have significantly fewer accidents than in previous years. Most of these cases come from the construction sector. To reduce such incidents, we’ve conducted weekly inspections of every region, city, and construction site to monitor working conditions. This approach has been very effective; this year, we’ve had only one fatality in the workplace.
BLLM: How many inspectors have been recruited since you took over?
HN: From September 2022 to the end of 2023, we recruited 43 new labor inspectors, bringing the total number to 64. With this increase, the number of inspections has also gone up, as has the presence of inspectors in the field. In 2023 alone, we conducted 8,114 inspections. For comparison, in 2020, there were 3,800 inspections, in 2021, there were 3,022, and in 2022, when I started, we had 6,316 inspections. I want to highlight that from January to May 2022, there were only 1,600 inspections, but from June to December, this number rose to over 6,000. For the first time, the Labor Inspectorate met and exceeded the target set by the European Reform Agency, which was 6,000 inspections. In 2023, we conducted 8,114 inspections, and this year, we expect to exceed 10,000.
BLLM: Have these efforts translated into disciplining employees?
HN: Yes, yes, of course!
BLLM: There’s a perception that simply increasing the number of inspectors will automatically improve the working environment, but I’m not sure it’s just that element. There’s a saying: “The forest is guarded by fear, not the ranger.” For example, in the U.S., there’s an average of one inspector for about 70,000 workers. Do you see what I mean? It’s not just the presence of inspectors, but also the awareness of the Inspectorate.
HN: Yes, absolutely. We work in collaboration with international organizations and local NGOs to raise awareness alongside our inspections. Every inspection is an opportunity for education; every inspector who visits a workplace helps the staff better understand their rights and obligations. In addition, we’ve organized awareness campaigns that are shared on social networks and through television spots. Recently, we aired a spot on Radio and Television of Kosovo focused on the construction sector, and we’ve distributed brochures and other materials. This year, we launched the “Conversation for Awareness” campaign, which aims to meet with employers from various sectors to discuss their concerns and clarify any questions regarding the implementation of the Occupational Safety and Health Law and the Labor Law, ensuring that workers’ rights are properly respected.
BLLM: Has the heavy focus on the construction sector led to other sectors being somewhat neglected?
HN: Hmm… Maybe not, because the construction sector is actually where we receive the fewest complaints. Most complaints come from other sectors. Why? Because in construction, workers often lack the approach or awareness to file complaints as they do in other sectors. Additionally, the most fatal accidents occur in construction. It’s not that other sectors have been overlooked; we conduct regular inspections in those sectors as well. However, the high volume of complaints from these other sectors keeps us very present there.
BLLM: Which sector is most prone to violations?
HN: The gastronomy sector and supermarket chains are the leading sectors when it comes to complaints.
BLLM: What kinds of violations are common in these supermarkets?
HN: Violations include unilateral termination of contracts, denial of annual or medical leave, non-payment of wages, lack of compensation for weekend work, overtime, and work on official holidays, among others.
BLLM: There are a few large supermarket chains that everyone knows. Can you mention any specific names?
HN: I don’t have specific names at hand, but we are active in all of them, working to ensure they comply with labor laws to the highest standards. It’s true that many of them, to some extent, have violations.
BLLM: What about workers like taxi drivers or bus drivers? Do their cases typically fall under road accidents rather than workplace accidents or deaths?
HN: The Law on Safety and Health at Work does not classify a traffic death as a workplace death or accident. This is clearly defined in the law.
BLLM: What’s happening with the New Labor Law? Why is it still not passing?
HN: The New Labor Law is still in process.
BLLM: Yes, but it’s been in process for a long time!
HN: Yes, it has been in process even before I started in this position. I know that the Ministry and the government are committed to making changes. The current law has some flaws and is outdated, so I believe the necessary revisions will be made.
BLLM: Do you really believe that?
HN: Yes, absolutely.
BLLM: Let’s talk a bit about informality. According to KAS statistics and NGO reports, about 30 percent of employees are without contracts. Informality makes it difficult to identify violations against workers.
HN: Correct. When there’s no contract, it’s challenging to protect workers’ rights because the employment contract is the basis for monitoring those rights. Without it, it’s unclear what rights have been violated. Informality is certainly a problem, but as I mentioned earlier, the number of inspections has tripled, and the presence of inspectors has increased. Cases of informality are much lower this year compared to the previous two years. We have a partnership with the Tax Administration of Kosovo, where they inform us about workers without contracts, and we notify them about undeclared workers. There’s been a decreasing trend in the number of workers we find without contracts or those undeclared with the Tax Administration. I think that within a short time, perhaps a few years, informality will no longer be a significant problem in Kosovo. The biggest challenge will then be the implementation of contracts by both employers and workers since it’s a two-way agreement.
BLLM: What about child labor? How exposed are children to work?
HN: As the Labor Inspectorate, we don’t frequently encounter cases of child labor or exploitation, as reported by some international organizations that monitor us. We also conduct inspections in the agricultural sector, where child labor can occur. However, in the inspections we’ve carried out, we’ve only found two or three such cases.
BLLM: Chief Inspector, do you have professional staff, and what are the requirements for recruitment in this position?
HN: The criteria for becoming an inspector are not very high; a college degree and two years of work experience are required. Because of these criteria, which I believe are not very stringent, some of the inspectors we’ve recruited, including the 43 new recruits, are often not at the professional level we’d like. Despite the training we provide, their skills sometimes fall short of what we need. The responsibility of each inspector is immense since they enforce every legal provision in the Republic of Kosovo. Therefore, the level of professionalism must be very high to do a good job.
BLLM: The previous question was a trigger, considering that technological advancements have created new professions, such as call centers or food delivery drivers, who are often minors and exposed to danger. While traffic is under the police’s jurisdiction, how does this issue affect these workers?
HN: That’s true. These workers are indeed part of traffic and are monitored by the police. However, under the current law, traffic accidents are not classified as workplace accidents. These cases fall under the jurisdiction of security institutions and are beyond our legal scope. But it’s clear that this is an issue, and we hope the new law will address many of these concerns.
BLLM: What about the media? How often do you encounter violations of journalists’ and media workers’ rights? Do you actually dare to penalize the media?
HN: Yes, definitely!
BLLM: I ask rhetorically, do you really dare to punish them? I know legally you can.
HN: I understand your point. We have received complaints from media workers—journalists, editors, and others—and we’ve conducted inspections just like with any other sector, issuing fines when necessary. There are indeed violations of workers’ rights in the media, and we include them in our regular inspections. This year, we’ve also planned regular inspections for the media sector. When journalists come to us for interviews or statements, we often ask them about their working conditions, but they are not always cooperative.
BLLM: What rights are most commonly violated in the media?
HN: The most common violations include non-compensation for overtime hours, non-compensation for holiday work, unilateral termination of contracts, and denial of maternity leave. There have been cases where workers were dismissed after it was discovered they were pregnant.
BLLM: Are you a leftist by ideological conviction?
HN: (laughs)
BLLM: This isn’t about the current government, but the leftist discourse tends to be more aligned with workers’ rights, which is why I’m asking.
HN: I am a high-level civil servant, and my role here is as the Chief Inspector, as defined by the Special Law of the Labor Inspectorate. Political beliefs should not influence how I perform my duties. Regardless of personal convictions, it’s essential to work diligently for workers’ rights. The Labor Inspectorate has faced significant challenges since its inception, which has led many people to leave Kosovo due to unfair pressure from employers.
In this administration and government, the Inspectorate has received more attention, leading to a doubling of the budget, an increase in staff and inspections, and other improvements that I’ve mentioned. These changes have significantly improved workers’ rights in Kosovo over the last two years. But this is a marathon, and much work remains to be done.
BLLM: Thank you for this conversation and for sharing this information. However, I have to be honest and critical: even with these improvements, the issue of protecting workers’ rights in Kosovo remains deep, even under this government.
HN: I acknowledge that these changes have contributed to significant improvements in workers’ rights over the past two years. However, I agree that challenges will persist for years to come. This is a marathon, and much work remains. It’s a long and complex process, but we are committed to making tangible and lasting changes to improve working conditions and protect workers’ rights.
About the author
Halim Kafexholli completed his bachelor’s studies in journalism at the University of Pristina. Halimi worked in the magazine Prishtina Insight of BIRN Kosovo organization. He is also a beneficiary of the Human Rights Journalism Scholarship program (cycle 2018 and 2020) from Kosovo 2.0 and has worked as a journalist in the National newspaper.
Photos: Halim Kafexholli
This publication is supported by the European Endowment for Democracy (EED)
The views expressed in the article do not necessarily represent the views of the donor.
