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From:
Ardit Kika
- April 26, 2026 7:18 p.m
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The Penal Code foresees prison sentences for those responsible, when deaths or injuries occur in the workplace. But, based on the analyzed judgments, only one sentence was given with prison, while the others with a fine, even in cases where the failure to take safety measures cost the workers their lives or disabilities.
For workers seriously injured at work, the courts have given punishments to those responsible, below the legal minimum. Based on judgments published on the website of the Judicial Council, fines were mainly imposed for the criminal offense “Destruction, damage or removal of protective equipment and jeopardizing safety in the workplace”.
Such punishments were given, despite the fact that the Criminal Code provides that in cases of serious bodily injury, the punishment is up to 10 years of imprisonment and leaves no alternative for a fine.
Only one of the judgments analyzed by KOHA imposed a sentence within the minimum prescribed by law. The judgment was signed by the judge of Prizren, Fatmir Krasniqi, and refers to the case of a minor who was left with lifelong consequences as a result of injuries in a butcher’s shop in Gjonaj.
“The injured person on the critical day was 15 years old – a minor, and the defendant in this case was responsible for safety and health in his workplace, to install protective equipment, to maintain them in a proper condition for work… which he did not undertake, causing serious bodily injury to the injured AM, with permanent health consequences,” the verdict states.
Even this judgment is not final, as it is being processed in the Court of Appeal.
This same court has returned the case for a dead worker to a retrial, after a 15,000 euro fine was imposed on KEDS in the first instance, while the maintenance coordinator, accused in this case, was acquitted.
Meanwhile, in another case, for the death of the worker of the “Fitorja” construction company, due to contact with the current, two accused were fined 1,800 euros each.
When workers die in the workplace because companies do not take protective measures, the law provides up to 12 years in prison. In the analyzed judgments, no such punishment was imposed.
In the Judicial Council, they explained the decisions.
“Judges exercise their function independently, deciding on the basis of the administered evidence and the laws in force. Regarding the issue of the penal policy and the height of the penalties for the criminal offense ‘Destruction, damage or removal of protective equipment and jeopardizing safety in the workplace’, the unification and orientation of judicial practice is the competence of the Supreme Court of Kosovo, which through bulletins, summaries of judicial practice and opinions contributes to ensuring the uniform implementation of the law”, says the response of the Judicial Council.
Since the beginning of the year, 9 workers have died at work, the last of which last week.
The Ministry of Labor has undertaken an extraordinary 15-day action to inspect the workplaces.
Based on the data published on Sunday, during the last 48 hours, the Central Labor Inspectorate has stopped work at 27 construction sites, and at more than 100 sites since the beginning of the action.
The expert on safety and health at work, Naim Bajraktari, says that the action is not enough.
“We have 9 cases this year in three months, 3-4 cases in 10 days, this is outside of any norm… This is a 15-day action that is very targeted, but the awareness and its message is with the employers and the Inspectorate. Here there is control of how much the law is being implemented, if the law is not implemented, the sections should be put in place”, said Bajraktari.
There are different data on the number of workplace deaths last year. According to the Inspectorate, 19 workers have lost their lives and according to the Union of Private Sector Workers, this number is over 30.
