Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

• Author: Baci, Entela
• Pages: 84-88

84

8 Self-employed workers (Directive 2010/41/EU and some relevant

provisions of the Recast Directive)

8.1 General (legal) context

Surveys and reports on the specific difficulties of self-employ ed workers

There are no relevant surveys to report.

Other issues

There are no other issues to report.

Overview of national acts

The relevant national acts include:

• Law on social security;261

• Law on collection of mandatory contributions of social and health insurance; 262

• DCM No. 37, dated 21.1.2016 on the determination of monthly wage, for the purpose

of calculating mandatory social security a nd health contributions for the p ersons

registered as self-employed that perform professional economic activity and unpaid

family employees that work and live with them;

• Labour Code;

• LPD;

• LGE.

Political and societal debate and pending legislative proposals

There are no debates or proposals to report.

8.2 Implementation of Directive 2010/41/EU

There is no Albanian law that on purpose transposed the Directive 2010/41/EU; however,

there are several laws that have similar p rovisions to those of the Directive and relate to

equal treatment and non-discrimination of men and women engaged in self-employment:

• Labour Code: Articles 9(2,5(a));

• LGE: Article 18;

• LPD: Articles 2, 12-16, 21;

• Law on social security: most of the law, especially articles related to compulsory

social security contributions of th e self-empl oyed an d the respective benefits as a

result of pregnancy/maternity, old age, invalidity and loss (d eath) of householder;

• Law on collection of mandatory contributions of social and health insurance: most of

the law, especially a rticles r elated to compulsory social security and health

contributions of self-employed workers;263

• DCM No. 37, dated 21 January 2016 on th e determination of monthly wage , for the

purpose of calculating mandatory social security and health contributions for persons

registered as self-employed who perform professional economic activity and unpaid

family employees that work and live with t hem, directly addresses the issue, as

shown in the title of the DCM.

261 Law No. 7703, dated 11.5.1993, on social security in RoA, as amended; Albania, Law No. 9136, dated

11.9.2003, on collection of mandatory contributions of social and health insurance in RoA, as amended.

262 Law No. 9136, dated 11.9.2003, as amended in 2003, 2004, 2008, 2014, 2015, 2016, 2017.

263 Law No. 9136, dated 11.9.2003, as amended in 2003, 2004, 2008, 2014, 2015, 2016, 2017.