Griselda Muhametaj Guma – University of Tirana, Faculty of Law, Albania
Keywords:
Constructive dismissal;
Employment law;
European Union;
Albania;
Case law;
Employee rights;
Employee resignation;
Employer conduct
Abstract: This research article comprehensively analyses the concept of “constructive dismissal” within the framework of European and Albanian employment laws, alongside pertinent case law. The findings, which shed light on this complex legal concept, will provide a deeper understanding and enlightenment to legal scholars, practitioners, and students interested in employment law.
Constructive dismissal, where an employee resigns due to the employer’s conduct rendering continued employment untenable, presents complex legal interpretation and application challenges and poses significant implications for employee rights and employer responsibilities. This study critically examines the statutory provisions and case law governing these aspects of employment law in Albania. Through a doctrinal and case law analysis, the paper identifies the conditions under which resignations may be classified as constructive dismissals, exploring the threshold of intolerable conduct required to substantiate such claims. The research highlights the influence that the European Union directives and comparative legal principles should have on the development of Albanian employment law. By providing a detailed examination of the legal landscape surrounding employee resignation, this study contributes to the broader understanding of employment protections and the need for legal reforms to enhance labour rights.
The study employs a comparative legal methodology, scrutinising statutory provisions and judicial interpretations across various European jurisdictions and Albania. The analysis reveals the doctrinal evolution and practical application of constructive dismissal, highlighting the convergence and divergence in legal standards. While many European legal systems recognise constructive dismissal as a mechanism for employees to resign in response to intolerable employer conduct, Albanian employment law lacks a comprehensive statutory or doctrinal basis for this concept. Through a detailed examination of landmark cases and legislative texts, this article discusses the critical elements constituting constructive dismissal, including employer conduct, employee resignation, and the requisite threshold of intolerability.
The paper strongly advocates for legislative reform to align Albanian employment protections with European standards, ensuring that employees are safeguarded against detrimental employer actions that effectively force resignation. The findings underscore the urgent need for a harmonised legal framework to ensure consistent and fair adjudication of constructive dismissal claims, advocating for reforms that align Albanian laws more closely with European standards. This study contributes to the broader discourse on employment law by providing insights into shaping employee protections against constructive dismissal.
8th International Scientific Conference on Recent Advances in Information Technology, Tourism, Economics, Management and Agriculture – ITEMA 2024 – Conference Proceedings, Hybrid (Zayed University, Dubai, UAE), October 24, 2024
ITEMA Conference Proceedings published by: Association of Economists and Managers of the Balkans – Belgrade, Serbia
ITEMA conference partners: Faculty of Economics and Business, University of Maribor, Slovenia; Faculty of Organization and Informatics, University of Zagreb, Varaždin; Faculty of Geography, University of Belgrade, Serbia; Institute of Marketing, Poznan University of Economics and Business, Poland; Faculty of Agriculture, Banat’s University of Agricultural Sciences and Veterinary Medicine ”King Michael I of Romania”, Romania
ITEMA Conference 2024 Conference Proceedings: ISBN 978-86-80194-89-9, ISSN 2683-5991, DOI: https://doi.org/10.31410/ITEMA.2024
Creative Commons Non Commercial CC BY-NC: This article is distributed under the terms of the Creative Commons Attribution-Non-Commercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission.
