The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 2000/1 of 14 January 2000 on the Kosovo Joint Interim Administrative Structure,

For the purpose of establishing the Administrative Department of Labour and Employment,

Hereby promulgates the following:

Section 1
Administrative Department of Labour and Employment

1.1 The Administrative Department of Labour and Employment (hereinafter "the Department") is hereby established.

1.2 The Department shall be responsible for the overall management of matters relating to labour and employment.

1.3 The Department shall implement the policy guidelines formulated by the Interim Administrative Council in the area of labour and employment.

Section 2

2.1 The Department may make policy recommendations to the Interim Administrative Council through the Deputy Special Representative of the Secretary-General for Civil Administration concerning, inter alia:

(a) An overall strategy for the formulation, implementation and evaluation of labour and employment policies in Kosovo;

(b) The promotion and development of non-discriminatory labour relations and an employment system based on applicable international labour standards;

(c) The implementation of labour and employment policies that ensure non-discrimination in terms of ethnicity, race, social status, political views, religion and gender;

(d) The promotion of a democratic dialogue involving representatives of employees, employers and the Interim Administration;

(e) The promotion of policies that protect the rights of workers; and

(f) The preparation of regulations on labour and employment matters.

2.2 The Department shall:

(a) Implement the strategy and policies relating to labour and employment within the framework of the Kosovo Consolidated Budget;

(b) Introduce a wage determination mechanism in the business sector compatible with the emerging market economy conditions of Kosovo;

(c) Formulate and implement policies aimed at protecting the unemployed through the introduction of active employment policy measures such as, job mediation, job creation, small business development offices and training centres;

(d) Direct and supervise the activities of the Kosovo Office of Employment and its local affiliates, employment offices and training institutions;

(e) Promote the activities of the Tripartite Advisory Commission on Labour and Employment;

(f) Co-ordinate activities of international and governmental agencies and non-governmental organizations in order to promote the coherent development and implementation of labour and employment policies in Kosovo;

(g) Co-ordinate with other Administrative Departments on matters pertaining to labour and employment; and

(h) Perform such functions as are ancillary to those set out above in this section and are assigned to the Department by the Deputy Special Representative of the Secretary-General for Civil Administration.

Section 3
Co-Heads of the Department

Co-Heads of the Department, under the supervision of the Deputy Special Representative of the Secretary-General for Civil Administration shall be jointly responsible for:

(a) Managing the Department and ensuring that the functions entrusted to it are implemented;

(b) Staffing, organizing and administering the Department and issuing administrative instructions and operating guidelines on any matters pertaining to the functions of the Department; and

(c) The effective and efficient management of resources provided to the Department from the Kosovo Consolidated Budget or from any other source.

Section 4
Personnel and Employment Policy

Co-Heads of the Department shall:

(a) Implement non-discriminatory personnel policies designed to ensure that the composition of the staff of the Department reflects the multi-ethnic character of Kosovo;

(b) Endeavor to ensure equitable gender balance in all areas and levels within the Department; and

(c) Ensure that all recruitment is based on professional qualifications, competence and merit.

Section 5

The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.

Section 6
Applicable Law

The present regulation shall supersede any provision in the applicable law which is inconsistent with it.

Section 7
Entry into Force

The present regulation shall enter into force on 21 April 2000.

Bernard Kouchner
Special Representative of the Secretary-General