Non-Payment of Pension Contributions in Kosovo: Workers' Rights
The pension savings system in Kosovo is regulated by the Law on Pension Funds and the Labour Law. These laws clearly define the responsibilities and obligations of employers for the payment of pension contributions to the Pension Trust, with the aim of ensuring the financial security of workers and securing sustainable income after retirement.
However, non-payment or delay of these contributions by some employers remains a concerning problem that directly harms the interests and rights of workers. This has serious consequences, including:
- loss of benefits from fund investments;
- reduction of the amount of future pension.
The relevant laws not only define the financial obligations of employers but also provide protective mechanisms and rights for workers, enabling them to seek justice and compensation for violations.
Proper and effective implementation of these laws is key to protecting social and economic stability in Kosovo.
At Prenku Law, we stand by workers by offering professional legal support to protect their rights and pursue any violation in a legal and effective manner.
Legal obligations of employers under the Law on Pension Funds of Kosovo
Under Article 6 of the Law on Pension Funds:
- Every employer is obliged to contribute on behalf of workers to the pension savings fund, paying 5% of the gross wages of employees.
- Workers also contribute 5% of their salary.
- Voluntary contributions may reach up to 15% of annual salary (including those from employer and worker).
- Obligations begin from the first day of employment and continue until retirement.
Under Article 7 of the Labour Law, employers must:
- register workers with the Tax Administration and institutions that administer pension schemes;
- ensure transparency and compliance with legal obligations.
Consequences of non-payment of pension contributions
In case of long-term non-payment, the worker suffers losses such as:
- no benefit from investment returns in the Pension Trust;
- no benefit from emergency benefits (e.g. during COVID-19);
- risk of losing pension income in the future.
Under Article 136 of the Law on Obligational Relations, the employer is obliged to compensate the material damage of the worker.
Workers' rights and ways to respond
Workers have the right to:
- demand immediate payment of unpaid contributions;
- seek compensation for damages;
- report the employer to the Labour Inspectorate and other relevant institutions;
- seek legal help and representation.
The role of the lawyer in protecting workers' rights
Non-payment of contributions to the Pension Trust is a serious violation of the law. A lawyer:
- advises workers on their rights and the employer's obligations;
- prepares and pursues claims for payment of contributions;
- represents clients in courts and relevant institutions;
- ensures proper application of the law at every stage of the process.
Prenku Law offers professional help to any worker seeking to protect their legal rights in Kosovo.
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Kushtrim Prenku
Owner, Lawyer
With an analytical mind and experience in resolving complex legal matters, Kushtrim Prenku offers strategic approaches based on ethics and professionalism. He always acts in accordance with the principles of justice and the rule of law, placing the client's interest at the center of every decision.
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