“Labor Relations in the Media Industry” –
CLE: Missing rights that need to be
addressed

The rights between the employer and the employee are clearly regulated in the employment
contract that the parties enter into thanks to cooperation and bilateral agreement. The broad
economy of the market, the variety of forms and types of business has shown that there is always
room and need for adjusting or updating contractual conditions and terms, anticipating the common
interest of all parties. But how adaptable are these forms to specific sectors such as media?

To answer many of the questions and uncertainties about the contractual aspects in the media
industry, the Center for Legal Empowerment in collaboration with experts Dr. Laura Çami and Dr.Av.
John Skënderi, presented to media representatives, journalists, and professors of the Faculty of Law
the scientific study “Labour relations in the media industry”.

The media industry is a very specific sector, where certain departments of a television, newspaper or
portal find it difficult to finish work within the official schedule or take a break on official holidays
due to the mission of informing citizens at any moment and time real.

The research work carried out by the Center for Legal Empowerment with the support of the Open
Society Foundation for Albania focuses on work relations in journalism, and was finalized with the
publication of a study report that viewed work relations for journalists, practical and theoretical
aspects of national legislation and jurisprudence as well as the research of successful European
practices and models, all aiming to improve labor relations in the media industry and journalists in
the Republic of Albania.

During the presentation, Mr. Skenderi highlighted the scientific findings of the study in the context
of: (i) the legislation in force of the Republic of Albania regarding the protection of the rights of
journalists in labor relations, highlighting the lack of updating the legislation in accordance with the
Recommendations e International Labor Organization; (ii) the situation of “fakelance” or
“forcedlance”1 journalists – the advantages and disadvantages of such a choice or solution; (iii)
international jurisprudence regarding the identification of self-employed dependents, also
presenting the dependency test that must be applied by Judges and legal practitioners, as well as
(innovations of proposals related to changes in fiscal legislation for the self-employed in the Republic
of Albania.

Meanwhile, Mrs. Çami presented the findings in the framework of: (i) collective contracts of the self-
employed in the media; (ii) union organizations of employees in the media; (iii) the identification of
the most successful cases implemented in the member countries of the European Union and
Albania’s challenges related to these issues.

Other participants in the seminar highlighted the difficulties of working as a freelance journalist, as
something that affects both the employee and the employer at the same time. The importance of
the changes proposed in the study that will help improve working conditions for both parties,
journalists, and the media industry, was also highlighted.

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