Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee takes note of the Labour Relations Act (Official Gazette, No. 80/93) and requests the Government to transmit in its next report any other laws related to the application of the Convention. The Committee also takes note of the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2133 (see 329th Report, approved by the Governing Body at its 285th Session, paragraphs 535-548) in which it noted that the Economic Chamber, which is based on compulsory membership of all enterprises, cannot be considered as an employers’ organization for collective bargaining purposes.

The Committee notes that section 88 of the Labour Relations Act provides with regard to collective bargaining at the national level that "the leading trade union organization concludes a general collective agreement pertaining to employees and employers of the economy of the Republic". However, the Committee notes from the conclusions of the Committee on Freedom of Association in Case No. 2133 that employers’ organizations (in particular, the complainant Union of Employers of Macedonia (UEM)) are unable to engage in collective bargaining at the national level, as they cannot be registered (and therefore recognized) due to the absence of legislation on this issue.

Moreover, the Committee notes that, although section 89 of the Act makes reference to branch collective agreements, it is likely that the problem described in the previous paragraph also prevails in practice with regard to negotiations at the branch level, given the abovementioned legislative gaps.

The Committee considers that the legislative gaps which exist in the area of registration and recognition of employers’ organizations constitute obstacles to employers’ participation in collective bargaining, contrary to Article 4 of the Convention, which establishes an obligation to adopt measures to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations. The Committee requests the Government to take all necessary measures so as to fill the existing legislative gaps and promote the full participation of employers’ organizations, along with workers’ organizations, in voluntary negotiations with a view to the conclusion of collective agreements.

In addition, a request regarding certain points is being addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.