Smart working, or remote work, became an everyday term for companies during the COVID-19 pandemic. Many employers and employees saw it then, for the first time, as a permanent option. Since then, telework has become part of working culture. It may be an employee’s request for personal reasons, or part of a company’s culture or internal policy, with staff working 100% remotely or in a hybrid model: some days in the office, some days from home.
Many companies ask whether this way of working has a legal basis in Albania. The answer is yes. Telework is not a product of the pandemic: the Albanian Labour Code regulates telework in Article 15, most recently amended by Law no. 136/2015 of 5 December 2015.
What Article 15 of the Labour Code Says
Article 15, “Home work and telework”, recognises two ways of working outside the employer’s premises:
- Home work: the employee works at home or in another place agreed with the employer, under the conditions of the employment contract.
- Telework: the employee works at home or in another agreed place using information technology, within working hours the employee sets, under the conditions of the contract.
Why Smart Working Falls Under Article 15
Smart working as we know it today has three features: the work is done with a computer and an internet connection, from a place outside the office, with flexibility in organising working time. These are exactly the elements the law uses to define telework. There is therefore no need for a new law on smart working: when both parties agree, act in good faith and have the technical means, work that can be done remotely, and not necessarily in the office, can be organised under Article 15.
The same reasoning applies to the hybrid model. The law requires the place of work to be agreed with the employer. The contract or an annex can clearly set the days or conditions for working from home and from the office.
What Changes for the Teleworker
A teleworker has the same rights as any other employee. The Labour Code applies in full, with two exceptions:
- the provisions on weekly working time and rest, overtime, work on public holidays and night work;
- the provisions on compensation for difficult working conditions.
The exception makes sense: when employees decide when they work, the employer cannot measure and control working time as it would in the office. This is why the agreement between the parties matters so much.
The Employer’s Obligations
The law requires that the working conditions of teleworkers are no less favourable than those of colleagues doing the same or comparable work in the office. To achieve this, the employer must:
- provide, install and maintain the necessary computer equipment, unless the employee uses their own devices;
- prevent the employee’s isolation, by giving them opportunities to meet their colleagues.
When It Is Not Telework
Under Article 15(5), it is not considered “home work” or “telework” when the employee works at a workplace other than the one agreed with the employer or when, in special circumstances, with their consent or under an agreement with them, the employee performs another type of work provided for in the contract.
The Agreement Is the Key
Telework is not a right the employee can claim unilaterally, nor an obligation the employer can impose. It rests on agreement and good faith. A good telework contract or annex clearly sets out:
- the place or places of work, and the office days in a hybrid model;
- equipment: who provides it, who maintains it and who covers the costs;
- communication and availability;
- objectives and reporting;
- data protection and confidentiality;
- meetings in the office, to prevent isolation;
- the conditions for returning to office work.
Frequently Asked Questions
Is the employer obliged to accept telework?
No. Telework is agreed between the parties in the employment contract.
Is overtime paid in telework?
The Labour Code’s provisions on overtime do not apply to telework, because working time is set by the employee. The contract can provide specific rules.
Who pays for the equipment?
The employer provides, installs and maintains it, unless the employee uses their own devices.
Can I work remotely from outside Albania?
The Labour Code refers to the place agreed with the employer. Working from another country can have tax, social security and residence permit consequences, so it should be assessed case by case.
How JBC Can Help
We draft telework contracts and annexes and internal policies for remote and hybrid work, and we advise employers and employees on their rights and obligations. Book a preliminary consultation with our employment law team.
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