Challenges in implementation of the maternity leave in Kosovo

This study aims to analyze the implementation of Labor Law in Kosovo, with a particular attention towards Article 49th which regulates the issue of maternity leave. Labor Law in Kosovo has been in force only for a year, and as such it has been a matter of discussion because of the challenges that have hampered its successful implementation. The study begins with an analysis of the chronological order of labor documents that aimed to regulate labor relationships in Kosovo. Moreover the analysis continues with the exploration of developments of the new Labor law and challenges that is facing while being implements in both public and private sector. Labor Law regulates the labor relationships in both private and public sector in Kosovo. Drafting of Labor Law in Kosovo has been considered a positive process towards establishing legal guidelines in order to ensure sustainable employment relationships in Kosovo. Moreover, the purpose of this law was to provide a legal document which would have the power to fill all the gaps that were left by the previous UNMIK regulation in regards to labor relationships. However, despite the positive expectations that were created towards this law, several challenges that are encountered during its implementation process have consequently produced negative effects in the society where we live. Therefore, when referring to the issue of maternity leave, there are several factors that are harming its successful implementation. Thus, the maternity leave system (6+3+3), together with the limited resources of labor inspectorate, lack of a health insurance fund, and weak judicial system are constantly affecting the success of this regulation in public and private sector in Kosovo. Moreover the confusion between the application of Labor Law and Civil Service law in terms of maternity leave has been another barrier of the proper implementation of this law. According to Article 49 of the labor law, women in Kosovo have the right of 12 months of maternity leave. While analyzing the legal ...