- Code
- LAW 312
- Name
- E Drejtë e Punës dhe Sgurimeve Shoqërore II
- Semester
- Lecture hours
- 3.00
- Seminar hours
- 0.00
- Laborator hours
- 0.00
- Credits
- 3.00
- ECTS
- 6.00
- Description
-
The subject "Labor Law and Social Security II" covers the right to strike and the resolution of collective labor disputes. It analyzes the meaning, objectives, subjects, principles, and features of social and health insurance. Additionally, the course elaborates on contracts, the Fund, and the schemes of social security, as well as analyzing the management and administration of Social and Health Insurance in the Republic of Albania, among other topics.
- Objectives
-
The objectives of studying the subject "Labor Law and Social Security II" for students are as follows: 1) To recognize, explain, and analyze the concepts, sources, and recent developments concerning labor law and social and health insurance. 2) To learn how labor relations and social and health insurance are protected in a rule of law and democratic state. 3)To understand the objectives, subjects, principles, and features of social and health insurance in Albania. 4)To acquire knowledge of the rights and obligations arising from social and health insurance. 5) To master the knowledge about institutions that help resolve disputes related to the resolution of collective labor conflicts and the Social Insurance Institute. 6) Mastery of the subject "Labor Law and Social Security II" helps students become knowledgeable and competent jurists in the future, enabling them to contribute and work toward further developing this field not only from a theoretical perspective but also in the interpretation and practical implementation, successfully addressing the various problems that may arise in this area of law.
- Java
- Tema
- 1
- The right to strike and the resolution of collective labor disputes. Students will become familiar with the method and form of lectures, attendance obligations, the content and literature related to the subject, as well as the evaluation format. The topic addresses the concept of the right to strike and collective conflicts, analyzes mediation, conciliation, and arbitration for the resolution of collective labor disputes, discusses the legal nature of strikes and the related case law, covers the characteristics, subjects, and legality of strikes, as well as the cases in which strikes are prohibited, the effects of legal and illegal strikes, argues for the conclusion of a strike, and examines the labor administration related to strikes and collective disputes. Relevant Literature: 1) Kudret Çela, Labor Law, Tirana, Ilar, 2015, pp. 613-645. 2) LAW No. 7961, dated 12.7.1995, Labor Code of the Republic of Albania (Amended by laws: No. 8085, dated 13.3.1996; No. 9125, dated 29.7.2003; No. 10,053, dated 29.12.2008; No. 136/2015, dated 5.12.2015; No. 91/2024, dated 26.7.2024) (Updated).
- 2
- The meaning, subjects, and principles of social insurance. The topic elaborates on the meaning, subjects, and elements of social insurance. It also analyzes the principles of social insurance, not only regarding their meaning but also in terms of their content, importance, and the issues related to their development. Relevant literature: 1) Social Security Handbook: Overview of Social Security Programs, Berman Press, Lanham-Boulder-New York-London, 2024. pp. 37-57. 2) LAW No. 7703, dated 11.05.1993 "ON SOCIAL INSURANCE IN THE REPUBLIC OF ALBANIA," (amended by laws: No. 7932, dated 17.05.1995; No. 8286, dated 16.02.1998; No. 8392, dated 02.09.1998; No. 8575, dated 03.02.2000; No. 8776, dated 26.04.2001; No. 8852, dated 27.12.2001; No. 8889, dated 25.04.2002; No. 9058, dated 20.03.2003; No. 9114, dated 24.07.2003; No. 9377, dated 21.04.2005; No. 9498, dated 03.04.2006; No. 9600, dated 27.07.2006; No. 9708, dated 05.04.2007; No. 9768, dated 09.07.2007; No. 10070, dated 05.02.2009; No. 10447, dated 14.07.2011; No. 13/2014, dated 13.02.2014; No. 104/2014, dated 31.07.2014; No. 144/2015, dated 17.12.2015; No. 111/2016, dated 03.11.2016; normative act No. 1, dated 25.01.2017; normative act No. 7, dated 30.11.2019, amended by Law No. 65/2020, dated 21.05.2020; normative act No. 33, dated 11.12.2020; Law No. 64/2023, dated 21.07.2023) (updated). 3) European Convention on Social Security, Paris 1972. 4) Jason Nickless and Helmut Siedl, Coordination of Social Security in the Council of Europe – Guide, Council of Europe Publications. 5) International Labour Organization Strategy, Social Security for All, International Labour Organization, Tirana 2013. 6) Recommendation on Minimum Levels of Social Protection, 2012 (No. 202), International Labour Organization, Tirana 2013. 7) Convention on Minimum Standards of Social Security, 1952 (No. 102), International Labour Organization, Tirana 2013. 8) Zhaklina Peto, Social Protection Law, Tirana, Adelprint, 2011, pp. 18-31, 209-218, 225-234. 9) Council of Europe, European Convention on Social Security, Paris, 14th December 1972.
- 3
- Sources and features of social and health insurance. The topic lists and addresses the sources of social and health insurance in Albania. It also analyzes the features of social and health insurance, such as: (constitutional and legal obligations, insurance as a personal right, its realization based on an employment contract, insurance as a mandatory social obligation, voluntary, supplementary, etc.). Relevant literature: 1) CONSTITUTION OF THE REPUBLIC OF ALBANIA (Amended by laws: No. 9675, dated 13.01.2007; No. 9904, dated 21.04.2008; No. 88/2012, dated 18.09.2012; No. 137/2015, dated 17.12.2015; No. 76/2016, dated 22.07.2016; No. 115/2020, dated 30.07.2020; No. 16/2022, dated 10.02.2022). 2) Council of Europe, European Convention on Social Security, Paris, 14th December 1972. 3) Law No. 10,107, dated 30.03.2009, "On Healthcare in the Republic of Albania" (amended by Law No. 51/2013, dated 14.02.2013, No. 76/2015, dated 16.07.2015, No. 27/2019, dated 08.05.2019; No. 99/2024, dated 12.09.2024) (updated). 4) Law No. 7703, dated 11.05.1993, "ON SOCIAL INSURANCE IN THE REPUBLIC OF ALBANIA" (updated). 5) Social Insurance Institute, Regulation, "On the organization and functioning of the Social Insurance Institute", March 2018. 6) Zhaklina Peto, Social Protection Law, Tirana, Adelprint, 2011, pp. 31-103.
- 4
- The Right to Social Insurance in Comparison and Contrast with Other Branches of Law This topic addresses the social importance of the right to social insurance and provides comparisons and contrasts with labor law, constitutional law, civil law, family law, administrative law, commercial law, etc. Relevant Literature: 1) Zhaklina Peto, The Right to Social Protection, Tirana, Adelprint, 2011, pp. 234-245. 2) The Constitution of the Republic of Albania (Amended by the following laws: No. 9675, dated 13.01.2007; No. 9904, dated 21.04.2008; No. 88/2012, dated 18.09.2012; No. 137/2015, dated 17.12.2015; No. 76/2016, dated 22.07.2016; No. 115/2020, dated 30.07.2020; No. 16/2022, dated 10.02.2022). 3) Legislative Compilation on Social and Health Insurance, Published by the Official Publishing Center, December 2017.
- 5
- The concept, features, and types of social contributions. The topic addresses the meaning and system of social contributions. It also analyzes the types, collection, payment, distribution, sanctions, priority, and benefits of social contributions, among others. Relevant literature: 1) Social Security Handbook: Overview of Social Security Programs, Berman Press, Lanham-Boulder-New York-London, 2024. pp. 57-121. 2) Council of Europe, European Convention on Social Security, Paris, 14th December 1972. 3) Zhaklina Peto, Social Protection Law, Tirana, Adelprint, 2011, pp. 259-277. 4) LAW No. 7703, dated 11.05.1993, "ON SOCIAL INSURANCE IN THE REPUBLIC OF ALBANIA" (updated). 5) Law No. 9136, dated 11.09.2003, "On the Collection of Mandatory Social Security and Health Insurance Contributions in the Republic of Albania." Amended by the following laws: Law No. 9164, dated 18.12.2003; Law No. 9329, dated 06.12.2004; Law No. 9933, dated 26.06.2008; Law No. 10/2012, dated 09.02.2012; Law No. 87/2014, dated 17.07.2014; Law No. 143/2015, dated 17.12.2015; Amended by the decision of the Constitutional Court No. 60, dated 16.09.2016; Normative Act No. 1, dated 25.01.2017.
- 6
- Contracts and the Social Insurance Fund in Albania. This topic explains the contracts for mandatory insurance, voluntary insurance, and supplementary insurance, providing the key elements of each, as well as the differences between them. Additionally, it analyzes the administration of the Social Insurance Fund by the Social Insurance Institute, addressing the revenues, expenses, and usage of the Fund for Social Insurance. It also highlights the importance, legal criteria, and relevant characteristics of the Fund. Relevant literature: 1) Zhaklina Peto, Social Protection Law, Tirana, Adelprint, 2011, pp. 245-259. 2) LAW No. 7703, dated 11.05.1993, "ON SOCIAL INSURANCE IN THE REPUBLIC OF ALBANIA" (updated). 3) Legislative Compilation on Social and Health Insurance, Published by the Official Publishing Center, December 2017.
- 7
- The Concept, Types, and Characteristics of Social Security Schemes This topic elaborates on the meaning of the term "social security scheme." It also discusses the benefits and types of social security schemes. Relevant Literature: 1) Council of Europe, European Convention on Social Security, Paris, 14th December 1972. 2) Legislative Compilation on Social and Health Insurance, Published by the Official Publishing Center, December 2017. 3) Zhaklina Peto, The Right to Social Protection, Tirana, Adelprint, 2011, pp. 277-366.
- 8
- Middterms.
- 9
- The concept, development, and importance of Health Insurance. This topic addresses the origin, meaning, development, and importance of Health Insurance. It also elaborates on the principles and elements of health insurance, as well as the content, significance, and challenges related to its development. Relevant literature: 1) Law No. 10,107, dated 30.03.2009, "On Healthcare in the Republic of Albania" (amended by Law No. 51/2013, dated 14.02.2013, No. 76/2015, dated 16.07.2015, No. 27/2019, dated 08.05.2019; No. 99/2024, dated 12.09.2024) (updated). 2) Social Security Handbook: Overview of Social Security Programs, Berman Press, Lanham-Boulder-New York-London, 2024. pp. 621-623. 3) Zhaklina Peto, Social Protection Law, Tirana, Adelprint, 2011, pp. 366-382.
- 10
- The Object, Subjects, and Contributions of Health Insurance This topic explains the object and subjects of Health Insurance and analyzes the contributions to Health Insurance. Relevant Literature: 1) Social Security Handbook: Overview of Social Security Programs, Berman Press, Lanham-Boulder-New York-London, 2024. pp. 621-623. 2) Zhaklina Peto, Social Protection Law, Tirana, Adelprint, 2011, pp. 382-393, 401-408. 3) Legislative Compilation on Social and Health Insurance, Published by the Official Publishing Center, December 2017.
- 11
- Management and administration of Social Insurance in the Republic of Albania. This topic addresses how the Social Insurance System is organized and functions in Albania. It analyzes the mission, objectives, and governing bodies of the Institute of Social Insurance, among other aspects. Relevant literature: 1) Law No. 7703, dated 11.05.1993 "On Social Insurance in the Republic of Albania" (updated), Articles 71-78. 2) Institute of Social Insurance, Regulation on the organization and functioning of the Institute of Social Insurance, March 2018. 3) Zhaklina Peto, "The Right to Social Protection," Tirana, Adelprint, 2011, pages 418-435. 4) Legislative Compilation on Social and Health Insurance, Published by the Official Publishing Center, December 2017.
- 12
- The status, structure, functions, and activities of the Mandatory Health Care Insurance Fund. This topic analyzes the meaning of the Mandatory Health Care Insurance Fund, the insured individuals, the obligation to pay contributions, the measures, collection, and the package of services covered by mandatory insurance, as well as the health services not covered by insurance. Additionally, it covers the statute, governing bodies, financing, structure, procedures, contracts, and the information system of the Mandatory Health Care Insurance Fund, among others. Relevant literature: 1) Law No. 10,107, dated 30.03.2009, "On Healthcare in the Republic of Albania" (amended by Law No. 51/2013, dated 14.02.2013, No. 76/2015, dated 16.07.2015, No. 27/2019, dated 08.05.2019; No. 99/2024, dated 12.09.2024) (updated). 2) Decision No. 124, dated 05.03.2014, "On the Approval of the Statute of the Mandatory Health Care Insurance Fund in the Republic of Albania."
- 13
- State social assistance and care in the service of societal development and social democracy. This topic analyzes state social assistance and care, without requiring participation in the corresponding contributory schemes, by offering help to members of society in need, while also developing social democracy. Relevant literature: 1) Zhaklina Peto, Social Protection Law, Tirana, Adelprint, 2011, pp. 408-417. 2) Council Of Europe, European Convention on Social and Medical Assistance, Paris, 11. XII. 1953.
- 14
- Social needs as a condition for social assistance and protection. This topic addresses social assistance as a legal right, analyzes the schemes for categories of economic aid, presents the administration of state social assistance, and examines the types of social aids. Relevant literature: 1) Zhaklina Peto, Social Protection Law, Tirana, Adelprint, 2011, pp. 393-400. 2) Legislative Compilation on Social and Health Insurance, Published by the Official Publishing Center, December 2017.
- 15
- Challenges and the future of social and health insurance. This topic addresses the challenges currently faced by social and health insurance, as well as analyzes the best opportunities regarding their future. It argues for the improvement of healthcare in Albania through the health insurance scheme, discusses challenges related to organizational and human resources, lists strategies for achieving social inclusion, universal coverage, the informalization of healthcare, and the issues within this system, among others. Relevant literature: 1) Jens Holst, Susanne Lein, Etjola Kola, Eriona Minka-Cullhaj, Social and Health Protection in Albania: Challenges and Opportunities, ISKSh / GTZ, Tirana, pp. 10-84. 2) Legislative Compilation on Social and Health Insurance, Published by the Official Publishing Center, December 2017.
- 16
- Final Exam
- 1
- Students are introduced to the national and international legal acts of Labor Law and Social and Health Insurance II.
- 2
- Students understand the rights and obligations they will have in the employment relationship and in Social and Health Insurance.
- 3
- Students understand the elements of the employment relationship and Social and Health Insurance.
- 4
- Students learn to apply their theoretical knowledge in practice, especially for resolving disputes that may arise from the employment relationship and Social and Health Insurance.
- 5
- Students are equipped with basic knowledge of the current legislation on labor law and Social and Health Insurance, etc.
- Quantity Percentage Total percent
- Midterms
- 1 20% 20%
- Quizzes
- 0 0% 0%
- Projects
- 1 20% 20%
- Term projects
- 0 0% 0%
- Laboratories
- 0 0% 0%
- Class participation
- 1 10% 10%
- Total term evaluation percent
- 50%
- Final exam percent
- 50%
- Total percent
- 100%
- Quantity Duration (hours) Total (hours)
- Course duration (including exam weeks)
- 16 3 48
- Off class study hours
- 14 5 70
- Duties
- 1 10 10
- Midterms
- 1 8 8
- Final exam
- 1 14 14
- Other
- 0 0 0
- Total workLoad
- 150
- Total workload / 25 (hours)
- 6.00
- ECTS
- 6.00