Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes that the Government’s report has not been received. The Committee further notes that, at the Government’s request, technical assistance will be provided in 2004 with the aim of addressing the various issues related to the Conventions which it has ratified. The Committee takes note of the Labour Relations Act (Official Gazette of the Republic of Macedonia, No. 80/93-2007) and requests the Government to send with its next report any amendments to the Act relevant to the application of this Convention.

The Committee recalls that its previous comments, pursuant to the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2133 (329th Report approved by the Governing Body at its 285th Session in November 2002), concerned the absence of legislation for the registration and legal recognition of employers’ organizations. It further recalls the conclusions of the Committee on Freedom of Association that the state of law and practice in the area of registration constituted such an obstacle to the establishment of employers’ organizations that it deprived employers of their fundamental right to establish occupational organizations of their own choosing (see 329th Report, paragraph 545). The Committee indeed notes that, although section 76 of the Labour Relations Act proclaims the right of employers to establish and join organizations of their own choice without previous approval, it does not refer to any procedure for the registration of employers’ organizations, while provision is made in section 81 for a special registry of employees’ organizations.

Recalling that the Convention covers employers as well as workers (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 67), the Committee again urges the Government to indicate the measures taken or envisaged to ensure the registration and recognition of employers’ organizations in a status corresponding to their objectives. It further requests the Government to indicate the steps taken to finalize the registration of the Union of Employers of Macedonia.