Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 158) sur le licenciement, 1982 - Macédoine du Nord (Ratification: 1991)

Autre commentaire sur C158

Demande directe

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The Committee notes the communication of August 2014, whereby the International Organisation of Employers (IOE) included the former Yugoslav Republic of Macedonia in its observations concerning the application of the Convention.

Application of the Convention in practice. The Government indicates in its report that the Labour Relations Act was amended in 2013 and that a dispute resolution system for labour matters performed by external licensed conciliators and arbitrators was established, by way of amendments made in 2014 to the Law on Peaceful Resolution of Labour Disputes in order to allow for the protection of employment rights without having to rely on lengthy court proceedings. The Government further indicates that the annual average number of labour disputes recorded is 10,000; however, the outcome, remedy awarded and average time of labour disputes are not recorded by the courts. The Committee notes the references made to court decisions, including a 2010 Supreme Court decision which annulled a decision to dismiss a worker based on invalid reasons for termination and ordered the reinstatement of the worker concerned as well as legal costs. The Committee also notes that the number of recorded dismissals decreased from 9,930 in 2011 and 10,118 in 2012 to 8,751 in 2013. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including recent court decisions concerning questions of principle relating to the application of the Convention and available statistics on the activities of the bodies of appeal. It also invites the Government to provide further information on alternative dispute resolution mechanisms for resolving labour disputes in regards to termination of employment, including the dispute resolution system performed by conciliators and arbitrators.

Exclusions. In reply to the previous comments regarding section 95(10) of the Labour Relations Act concerning collective lay-offs resulting from the “termination of activities of an institution due to a court decision” and concerning fixed-term employment contracts, the Government indicates that these exceptions are based on the fact that, in their specific circumstances, a consultation process is not necessary. The Committee notes that these two exceptions do not constitute termination at the initiative of the employer and accordingly the Convention does not apply to these forms of termination. The Committee notes that section 95(10) of the Labour Relations Act also contains an exception for contracts of employment in public administration bodies. The Committee therefore requests the Government to provide information on whether the terms and conditions of employment of workers in public administration bodies provide protection that is at least equivalent to the protection afforded under the Convention.

Article 5. Invalid reasons for termination. The Committee notes with interest that an amendment to the Labour Relations Act introduced the enjoyment of unpaid parental leave, which may be used by an employee following the expiration of approved leave for pregnancy, childbirth and parenthood, among the invalid reasons for termination of employment. The Committee requests the Government to continue to provide information concerning this provision of the Convention, including judicial decisions examining invalid reasons for termination.

Articles 13 and 14. Termination of employment for economic, technological, structural or similar reasons. The Committee notes that the number of recorded dismissals due to the bankruptcy or liquidation of an enterprise was 3,396 workers in 2011, 2,765 in 2012 and 3,421 in 2013. It also notes that the number of recorded dismissals due to technological or similar changes decreased from 5,198 workers in 2011 to 3,790 in 2013. The Committee requests the Government to continue to provide practical information on these provisions of the Convention, including available statistics on the number of terminations for economic or similar reasons.