Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - North Macedonia (RATIFICATION: 1991)

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Previous comment

The Committee recalls the 2021 observations of the Confederation of Free Trade Unions of Macedonia (KSS), alleging restrictions on the right to strike in the education sector, the failure to transfer to trade unions the dues withheld by the employers, as well as pressure on workers to leave their trade unions. The Committee addresses some of these allegations below and notes that these issues were also raised and discussed during the Direct Contacts Mission (DCM) on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), which took place from 3–6 October 2023, pursuant to a request by the Committee on the Application of Standards in June 2023.

Articles 2 and 9 of the Convention. Scope of application. In its previous comments, the Committee had noted that, pursuant to article 37 of the Constitution, the conditions for exercising the right to union organization in “administrative bodies” (in addition to the police and the armed forces) can be limited by law and that these “administrative bodies” included ministries, other state administration bodies and administrative organizations. The Committee requested the Government to take the necessary measures to amend article 37 of the Constitution to eliminate the possibility for the law to restrict the conditions for the exercise of the right to trade union organization in administrative bodies. The Committee notes the Government’s indication that it will notify the Parliament in case of possible amendments to the Constitution in the future and that the Committee’s comments shall be taken into account. Recalling once again that under the Convention only the armed forces and the police may be subject to limitations concerning the enjoyment of the guarantees provided by the Convention, as well as the need to ensure conformity of national constitutional provisions with the Convention, the Committee urges the Government to take the necessary measures to ensure that article 37 of the Constitution is amended accordingly. The Committee requests the Government to provide information on developments in this regard.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments the Committee had noted that, under the Law on Public Enterprises and the Law on Employees in the Public Sector: (1) employees in the public sector are obliged to provide minimum services in the event of strikes, taking into account the rights and interests of citizens and legal entities; and (2) the head of the respective institution determines the performance of the institutional activities of public interest that are to be maintained during a strike, the manner in which the minimum service will be carried out and the number of employees that will provide services during the strike. In this respect, the Committee had recalled that the maintenance of minimum services in the event of strikes should only be possible in the following situations: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) other services in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; (iii) in public services of fundamental importance; and (iv) to ensure the security of facilities and the maintenance of equipment. The Committee had further recalled that minimum services imposed should meet at least two requirements: (i) they must genuinely and exclusively be minimum services, that is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The Committee had requested the Government to amend the legislation so as to ensure that the determination of minimum services in public enterprises conformed with the situations described above, and to provide further information concerning such determination in practice (in particular as to the types of activities, and percentage of employees in those activities, that have been affected by a determination of minimum services, as well as the possibility for employee organizations to participate in the definition of minimum services).

The Committee notes the Government’s indication that to regulate the participation of trade union representatives in the definition of minimum services during a strike, the Government and the Trade Union of Workers from the Administration, Judicial Bodies and Citizens’ Associations of the Republic of Macedonia (UPOZ) signed a Branch Collective Agreement for the State Administration Bodies. According to the Government, pursuant to article 35 paragraph 6 of the Collective Agreement, the employer together with the UPOZ President shall agree on the rules to determine the list of public interest activities which cannot be interrupted during a strike, the number of employees who will perform their duties during a strike, as well as the way of providing conditions for the exercise of the right to strike. According to paragraph 7 of the same article, in the absence of an agreement, only the tasks that must not be interrupted during a strike, i.e. the termination of which would cause disproportionate damage to the state, citizens and the employer and which could not be compensated by any additional measure or activity after the end of the strike, will be maintained. The Committee requests the Government to clarify the application in practice of the above-mentioned paragraph 7 on the determination of minimum service in the absence of an agreement by the social partners.It further once again requests the Government to provide information on the types of activities, and percentage of employees in those activities, that have been affected by a determination of minimum services. While welcoming that currently, a Branch Collective Agreement regulates the determination of minimum services in consultation with the relevant trade union, the Committee once again requests the Government to amend the relevant legislation so as to bring it into conformity with the Convention. The Committee requests the Government to provide information on developments in this regard.

The Committee recalls that it had previously requested the Government to amend section 38(7) of the Law on Primary Education and section 25(2) of the Law on Secondary Education, which oblige the school directors to provide for the realization of educational activities by replacing the striking employees when the educational activity is interrupted due to a strike. The Committee notes the Government’s indication that while it has not yet amended the above-mentioned legislation, in practice, these provisions were not referred to during the education strike in April 2022 organized by the Trade Union for Education, Science and Culture and no substitute workers were used. The Committee further notes the Government’s commitment to remove the above provisions during the next amendments to the Law on Primary Education and the Law on Secondary Education. The Committee expects the Government to proceed without further delay to amending theLaw on Primary Education and the Law on Secondary Education, so as to remove the possibility of replacing striking workers and to enable workers in the primary and secondary education sectors to effectively exercise their right to strike. The Committee requests the Government to provide a copy of the amended legal texts once adopted.

Law on Labour Relations. The Committee notes the Government’s indication that the preparation of the new Law on Labour Relations is underway, and that representatives from all trade unions and employers’ associations are involved. The Committee notes from the report of the DCM that under that Law, in order to obtain legal personality, enterprise level trade unions need to obtain an approval from a higher-level union and that this restriction negatively impacts the rights and interests of enterprise level trade unions. The Committee recalls that by virtue of Article 7 of the Convention, the acquisition of legal personality cannot be made subject to conditions of such a character as to restrict the application of Articles 2,3 and 4 of the Convention. The Committee expects that, in the context of the review of the Law on Labour Relations, the Government will take the necessary measures to bring its legislation into conformity with the Convention in line with the preceding comments and requests it to provide information on any developments, including a copy of the revised Law on Labour Relations once adopted.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Confederation of Free Trade Unions of Macedonia (KSS), received on 1 September 2021, which allege restrictions on the right to strike in the education sector, the failure to transfer to trade unions the dues withheld by the employers, as well as pressure on workers to leave their trade unions.The Committee requests the Government to provide its comments thereon.

Articles 2 and 9 of the Convention. Scope of application. In its previous comments, the Committee had noted that, pursuant to article 37 of the Constitution, the conditions for exercising the right to union organization in “administrative bodies” (in addition to the police and the armed forces) can be limited by law and requested the Government to indicate what are the “administrative bodies” referred to in the Constitution and whether, and the extent to which, the law limits the right to organize of their workers. The Committee notes the Government’s indication that “administrative bodies” referred to in article 37 of the Constitution includes ministries, other state administration bodies (as independent state administration bodies or within ministries), and administrative organizations (set up for the performance of particular professional and other works requiring the application of scientific and expert methods). The Committee further notes that the Government emphasizes that freedom of association, apart from the general framework in the Constitution, is regulated by the Labour Law, which does not stipulate any limitation thereof.Recalling that under the Convention only the armed forces and the police may be subject to limitations concerning the enjoyment of the guarantees provided by the Convention, as well as the need to ensure conformity of national constitutional provisions with the Convention, the Committee requests the Government to take the necessary measures to amend article 37 of the Constitution to eliminate the possibility for the law to restrict the conditions for the exercise of the right to trade union organization in administrative bodies.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments the Committee had noted that, under the Law on Public Enterprises and the Law on Employees in the Public Sector: (i) employees in the public sector are entitled to strike; (ii) employees in the public sector are obliged to provide minimum services taking into account the rights and interests of citizens and legal entities; and (iii) in accordance with the applicable laws and collective agreements, the head of the respective institution determines the performance of the institutional activities of public interest that are to be maintained during a strike, the manner in which the minimum service will be carried out and the number of employees that will provide services during the strike. In this respect, the Committee recalled that the maintenance of minimum services in the event of strikes should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) other services in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; (iii) in public services of fundamental importance; and (iv) to ensure the security of facilities and the maintenance of equipment. The Committee further recalled that minimum services imposed should meet at least two requirements: (i) must genuinely and exclusively be minimum services, that is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The Committee welcomes the Government’s indication that it will take appropriate measures to ensure compliance with the Convention of the provisions in the Law on Public Enterprises and in the Law on Public Sector Employees.The Committee requests the Government to take, in consultation with representative public employee and public employer organizations, any necessary measures to ensure the determination of minimum services in public enterprises conforms with the situations described above, and to provide further information concerning such determination in practice (in particular as to the types of activities, and percentage of employees in those activities, that have been affected by a determination of minimum services, as well as the possibility for employee organizations to participate in the definition of minimum services).

In its preceding comment the Committee had requested the Government to amend section 38(7) of the Law on Primary Education and section 25(2) of the Law on Secondary Education, which oblige the school directors to provide for the realization of educational activities by replacing the striking employees when the educational activity is interrupted due to a strike. The Committee notes the Government’s indication that it started amending the articles concerned to align them with the Convention but observes that, subsequently, a new Law on Primary Education was published on 5 August 2019, including a similar provision to require the replacement of striking workers. Pursuant to section 50(7), of the new Law on Primary Education, in case of a suspension of the educational and pedagogical work due to strike action, the principal of the primary school, upon receiving a previous consent by the Mayor, and by the Minister in the case of state primary schools, shall be obliged to ensure the performance of the educational and pedagogical work by substituting the striking workers for the duration of the strike action. In this regard, the Committee must recall that teachers and the public education services may not be considered an essential service in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and that provisions allowing for the replacement of striking workers are a serious impediment to the legitimate exercise of the right to strike.Regretting the lack of progress in this respect, the Committee once again requests the Government to amend the Law on Primary Education and the Law on Secondary Education, so as to remove the possibility of replacing striking workers and to enable workers in the primary and secondary education sectors to effectively exercise their right to strike, as well to provide a copy of the amended legal texts once adopted.

Legislative review. With regard to the review process of the Law on Labour Relations, the Committee notes that the Government indicates that social partners were included from the very beginning and that in the course of drafting the new law attention shall be paid to its compliance with ILO Conventions.The Committee expects that, in the context of the review of the Law on Labour Relations, the Government will take the necessary measures to bring its legislation into conformity with the Convention in line with the preceding comments and requests it to provide information on any developments, including a copy of the revised Law on Labour Relations once adopted.

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

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The Committee notes the observations of the Confederation of Free Trade Unions of Macedonia (KSS), received on 1 September 2021, which allege restrictions on the right to strike in the education sector, the failure to transfer to trade unions the dues withheld by the employers, as well as pressure on workers to leave their trade unions. The Committee requests the Government to provide its comments thereon.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Articles 2 and 9 of the Convention. Scope of application. In its previous comments, the Committee had noted that, pursuant to article 37 of the Constitution, the conditions for exercising the right to union organization in “administrative bodies” (in addition to the police and the armed forces) can be limited by law and requested the Government to indicate what are the “administrative bodies” referred to in the Constitution and whether, and the extent to which, the law limits the right to organize of their workers. The Committee notes the Government’s indication that “administrative bodies” referred to in article 37 of the Constitution includes ministries, other state administration bodies (as independent state administration bodies or within ministries), and administrative organizations (set up for the performance of particular professional and other works requiring the application of scientific and expert methods). The Committee further notes that the Government emphasizes that freedom of association, apart from the general framework in the Constitution, is regulated by the Labour Law, which does not stipulate any limitation thereof. Recalling that under the Convention only the armed forces and the police may be subject to limitations concerning the enjoyment of the guarantees provided by the Convention, as well as the need to ensure conformity of national constitutional provisions with the Convention, the Committee requests the Government to take the necessary measures to amend article 37 of the Constitution to eliminate the possibility for the law to restrict the conditions for the exercise of the right to trade union organization in administrative bodies.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments the Committee had noted that, under the Law on Public Enterprises and the Law on Employees in the Public Sector: (i) employees in the public sector are entitled to strike; (ii) employees in the public sector are obliged to provide minimum services taking into account the rights and interests of citizens and legal entities; and (iii) in accordance with the applicable laws and collective agreements, the head of the respective institution determines the performance of the institutional activities of public interest that are to be maintained during a strike, the manner in which the minimum service will be carried out and the number of employees that will provide services during the strike. In this respect, the Committee recalled that the maintenance of minimum services in the event of strikes should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) other services in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; (iii) in public services of fundamental importance; and (iv) to ensure the security of facilities and the maintenance of equipment. The Committee further recalled that minimum services imposed should meet at least two requirements: (i) must genuinely and exclusively be minimum services, that is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The Committee welcomes the Government’s indication that it will take appropriate measures to ensure compliance with the Convention of the provisions in the Law on Public Enterprises and in the Law on Public Sector Employees. The Committee requests the Government to take, in consultation with representative public employee and public employer organizations, any necessary measures to ensure the determination of minimum services in public enterprises conforms with the situations described above, and to provide further information concerning such determination in practice (in particular as to the types of activities, and percentage of employees in those activities, that have been affected by a determination of minimum services, as well as the possibility for employee organizations to participate in the definition of minimum services).

In its preceding comment the Committee had requested the Government to amend section 38(7) of the Law on Primary Education and section 25(2) of the Law on Secondary Education, which oblige the school directors to provide for the realization of educational activities by replacing the striking employees when the educational activity is interrupted due to a strike. The Committee notes the Government’s indication that it started amending the articles concerned to align them with the Convention but observes that, subsequently, a new Law on Primary Education was published on 5 August 2019, including a similar provision to require the replacement of striking workers. Pursuant to section 50(7), of the new Law on Primary Education, in case of a suspension of the educational and pedagogical work due to strike action, the principal of the primary school, upon receiving a previous consent by the Mayor, and by the Minister in the case of state primary schools, shall be obliged to ensure the performance of the educational and pedagogical work by substituting the striking workers for the duration of the strike action. In this regard, the Committee must recall that teachers and the public education services may not be considered an essential service in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and that provisions allowing for the replacement of striking workers are a serious impediment to the legitimate exercise of the right to strike. Regretting the lack of progress in this respect, the Committee once again requests the Government to amend the Law on Primary Education and the Law on Secondary Education, so as to remove the possibility of replacing striking workers and to enable workers in the primary and secondary education sectors to effectively exercise their right to strike, as well to provide a copy of the amended legal texts once adopted.

Legislative review. With regard to the review process of the Law on Labour Relations, the Committee notes that the Government indicates that social partners were included from the very beginning and that in the course of drafting the new law attention shall be paid to its compliance with ILO Conventions. The Committee expects that, in the context of the review of the Law on Labour Relations, the Government will take the necessary measures to bring its legislation into conformity with the Convention in line with the preceding comments and requests it to provide information on any developments, including a copy of the revised Law on Labour Relations once adopted.

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

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Articles 2 and 9 of the Convention. Scope of application. In its previous comments, the Committee had noted that, pursuant to article 37 of the Constitution, the conditions for exercising the right to union organization in “administrative bodies” (in addition to the police and the armed forces) can be limited by law and requested the Government to indicate what are the “administrative bodies” referred to in the Constitution and whether, and the extent to which, the law limits the right to organize of their workers. The Committee notes the Government’s indication that “administrative bodies” referred to in article 37 of the Constitution includes ministries, other state administration bodies (as independent state administration bodies or within ministries), and administrative organizations (set up for the performance of particular professional and other works requiring the application of scientific and expert methods). The Committee further notes that the Government emphasizes that freedom of association, apart from the general framework in the Constitution, is regulated by the Labour Law, which does not stipulate any limitation thereof. Recalling that under the Convention only the armed forces and the police may be subject to limitations concerning the enjoyment of the guarantees provided by the Convention, as well as the need to ensure conformity of national constitutional provisions with the Convention, the Committee requests the Government to take the necessary measures to amend article 37 of the Constitution to eliminate the possibility for the law to restrict the conditions for the exercise of the right to trade union organization in administrative bodies.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments the Committee had noted that, under the Law on Public Enterprises and the Law on Employees in the Public Sector: (i) employees in the public sector are entitled to strike; (ii) employees in the public sector are obliged to provide minimum services taking into account the rights and interests of citizens and legal entities; and (iii) in accordance with the applicable laws and collective agreements, the head of the respective institution determines the performance of the institutional activities of public interest that are to be maintained during a strike, the manner in which the minimum service will be carried out and the number of employees that will provide services during the strike. In this respect, the Committee recalled that the maintenance of minimum services in the event of strikes should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) other services in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; (iii) in public services of fundamental importance; and (iv) to ensure the security of facilities and the maintenance of equipment. The Committee further recalled that minimum services imposed should meet at least two requirements: (i) must genuinely and exclusively be minimum services, that is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The Committee welcomes the Government’s indication that it will take appropriate measures to ensure compliance with the Convention of the provisions in the Law on Public Enterprises and in the Law on Public Sector Employees. The Committee requests the Government to take, in consultation with representative public employee and public employer organizations, any necessary measures to ensure the determination of minimum services in public enterprises conforms with the situations described above, and to provide further information concerning such determination in practice (in particular as to the types of activities, and percentage of employees in those activities, that have been affected by a determination of minimum services, as well as the possibility for employee organizations to participate in the definition of minimum services).

In its preceding comment the Committee had requested the Government to amend section 38(7) of the Law on Primary Education and section 25(2) of the Law on Secondary Education, which oblige the school directors to provide for the realization of educational activities by replacing the striking employees when the educational activity is interrupted due to a strike. The Committee notes the Government’s indication that it started amending the articles concerned to align them with the Convention but observes that, subsequently, a new Law on Primary Education was published on 5 August 2019, including a similar provision to require the replacement of striking workers. Pursuant to section 50(7), of the new Law on Primary Education, in case of a suspension of the educational and pedagogical work due to strike action, the principal of the primary school, upon receiving a previous consent by the Mayor, and by the Minister in the case of state primary schools, shall be obliged to ensure the performance of the educational and pedagogical work by substituting the striking workers for the duration of the strike action. In this regard, the Committee must recall that teachers and the public education services may not be considered an essential service in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and that provisions allowing for the replacement of striking workers are a serious impediment to the legitimate exercise of the right to strike. Regretting the lack of progress in this respect, the Committee once again requests the Government to amend the Law on Primary Education and the Law on Secondary Education, so as to remove the possibility of replacing striking workers and to enable workers in the primary and secondary education sectors to effectively exercise their right to strike, as well to provide a copy of the amended legal texts once adopted.

Legislative review. With regard to the review process of the Law on Labour Relations, the Committee notes that the Government indicates that social partners were included from the very beginning and that in the course of drafting the new law attention shall be paid to its compliance with ILO Conventions. The Committee expects that, in the context of the review of the Law on Labour Relations, the Government will take the necessary measures to bring its legislation into conformity with the Convention in line with the preceding comments and requests it to provide information on any developments, including a copy of the revised Law on Labour Relations once adopted.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

The Committee takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee welcomes the Government’s indication that it is undertaking a review of the Law on Labour Relations, in particular its chapter on trade unions and associations of employers, with the assistance of the Office and in consultation with social partners, to ensure full compliance with ILO Conventions. The Committee requests the Government to report on the outcome of the review process and any measures undertaken as a result.

Articles 2 and 9 of the Convention. Scope of application. The Committee notes that the Government indicates, in its report on the application of the Labour Relations (Public Service) Convention, 1978 (No. 151), that, pursuant to article 37 of the Constitution, the conditions for exercising the right to union organization in administrative bodies can be limited by law. Recalling that under the Convention only the armed forces and the police may be subject to limitations concerning the enjoyment of the guarantees provided by the Convention, the Committee requests the Government to indicate what are the “administrative bodies” referred to in the Constitution and whether, and the extent to which, the law limits the right to organize of their workers.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. The Committee takes note of the Law on Public Enterprises provided by the Government, together with the Government’s indications and the Law on Employees in the Public Sector, according to which: (i) employees in the public sector are entitled to strike under the Constitution, the laws and the ratified international treaties; (ii) employees in the public sector are obliged to provide minimum services taking into account the rights and interests of citizens and legal entities; and (iii) in accordance with the applicable laws and collective agreements, the head of the respective institution determines the performance of the institutional activities of public interest that are to be maintained during a strike, the manner in which the minimum service will be carried out and the number of employees that will provide services during the strike. In this regard, the Committee recalls that the maintenance of minimum services in the event of strikes should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) other services in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; (iii) in public services of fundamental importance; and (iv) to ensure the security of facilities and the maintenance of equipment. A minimum services imposed should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137). The Committee requests the Government to take, in consultation with representative public employee organizations, any necessary measures to ensure the respect of the principles recalled above for the determination of minimum services in public enterprises; and to provide further information concerning such determination in practice (in particular as to the types of activities and percentage of employees typically affected by a determination of minimum services, as well as the possibility for employee organizations to participate in the definition of the minimum services).

The Committee further observes that the Law on Primary Education (section 38(7)) and the Law on Secondary Education (section 25(2)) provide that when the educational activity is interrupted due to a strike, the director of the school concerned shall, upon prior consent from the competent authorities, be obliged to provide for the realization of educational activities by replacing the striking employees. The Committee recalls that teachers and the public education services may not be considered an essential service in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and that provisions allowing for the replacement of striking workers are a serious impediment to the legitimate exercise of the right to strike. The Committee requests the Government to amend section 38(7) of the Law on Primary Education and section 25(2) of the Law on Secondary Education, so as to remove the possibility of replacing striking workers and enable workers in the primary and secondary education sectors to effectively exercise their right to strike.

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The Committee takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee welcomes the Government’s indication that it is undertaking a review of the Law on Labour Relations, in particular its chapter on trade unions and associations of employers, with the assistance of the Office and in consultation with social partners, to ensure full compliance with ILO Conventions. The Committee requests the Government to report on the outcome of the review process and any measures undertaken as a result.

Articles 2 and 9 of the Convention. Scope of application. The Committee notes that the Government indicates, in its report on the application of the Labour Relations (Public Service) Convention, 1978 (No. 151), that, pursuant to article 37 of the Constitution, the conditions for exercising the right to union organization in administrative bodies can be limited by law. Recalling that under the Convention only the armed forces and the police may be subject to limitations concerning the enjoyment of the guarantees provided by the Convention, the Committee requests the Government to indicate what are the “administrative bodies” referred to in the Constitution and whether, and the extent to which, the law limits the right to organize of their workers.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. The Committee takes note of the Law on Public Enterprises provided by the Government, together with the Government’s indications and the Law on Employees in the Public Sector, according to which: (i) employees in the public sector are entitled to strike under the Constitution, the laws and the ratified international treaties; (ii) employees in the public sector are obliged to provide minimum services taking into account the rights and interests of citizens and legal entities; and (iii) in accordance with the applicable laws and collective agreements, the head of the respective institution determines the performance of the institutional activities of public interest that are to be maintained during a strike, the manner in which the minimum service will be carried out and the number of employees that will provide services during the strike. In this regard, the Committee recalls that the maintenance of minimum services in the event of strikes should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) other services in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; (iii) in public services of fundamental importance; and (iv) to ensure the security of facilities and the maintenance of equipment. A minimum services imposed should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137). The Committee requests the Government to take, in consultation with representative public employee organizations, any necessary measures to ensure the respect of the principles recalled above for the determination of minimum services in public enterprises; and to provide further information concerning such determination in practice (in particular as to the types of activities and percentage of employees typically affected by a determination of minimum services, as well as the possibility for employee organizations to participate in the definition of the minimum services).

The Committee further observes that the Law on Primary Education (section 38(7)) and the Law on Secondary Education (section 25(2)) provide that when the educational activity is interrupted due to a strike, the director of the school concerned shall, upon prior consent from the competent authorities, be obliged to provide for the realization of educational activities by replacing the striking employees. The Committee recalls that teachers and the public education services may not be considered an essential service in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and that provisions allowing for the replacement of striking workers are a serious impediment to the legitimate exercise of the right to strike. The Committee requests the Government to amend section 38(7) of the Law on Primary Education and section 25(2) of the Law on Secondary Education, so as to remove the possibility of replacing striking workers and enable workers in the primary and secondary education sectors to effectively exercise their right to strike.

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The Committee notes the comments made by the International Trade Union Confederation (ITUC) dated 4 August 2011 and 31 July 2012.

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that the right to strike of civil servants is regulated by the Law on Civil Servants and that, pursuant to section 34 of this Law, when exercising their right to strike, civil servants are obliged to ensure minimum services. The Committee had further noted the Government’s indication that, pursuant to section 33 of the Law on Public Undertakings, workers of such undertakings have the right to strike, but must fulfil obligations towards citizens, legal entities and state authorities in order not to jeopardize the life, health and economic and social security of citizens, necessary economic activities in the country and fulfilment of international agreements. The founder of the public undertakings prescribes which services cannot be stopped in the case of a strike. In this regard, the Committee had requested the Government to provide a copy of the Law on Public Undertakings, along with the list of the existing public undertakings established at the local level. The Committee notes that the Law on Public Undertakings mentioned as attached to the Government’s report has not been received. The Committee once again requests the Government to provide a copy of the Law on Public Undertakings.

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Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. Minimum services. In its previous comments, the Committee had noted that section 238(4) of the Labour Relations Act provides that, if no agreement could be reached on the minimum services, the employer or the trade union may demand that the arbitration makes the decision. The Committee had requested the Government to provide information on the arbitration referred to by section 238(4) and, in particular, on the composition thereof. In this respect, the Committee takes due note that the Government indicates in its report that the arbitration referred to by section 238(4) of the Labour Relations Act is circumscribed in sections 182 and 183 of the same Act, that provide that in the case of individual or collective disputes, the employer and the employee may agree to delegate the dispute settlement to a specific authority laid down by law (e.g. Law on Mediation and the Law on Peaceful Resolution of Labour Disputes) or to an arbitration panel if stipulated in the collective agreement.

Right to strike in the public sector. In its previous comments, the Committee had noted that the right to strike of civil servants is regulated by the Law on Civil Servants and that, pursuant to section 34 of this Law, when exercising their right to strike, civil servants are obliged to ensure minimum services. The Committee had further noted the Government’s indication that, pursuant to section 33 of the Law on Public Undertakings, workers of such undertakings have the right to strike, but must fulfil obligations towards citizens, legal entities and state authorities in order not to jeopardize life, health and economic and social security of the citizens, necessary economic activities in the country and fulfilment of international agreements. According to section 1 of that Law, public undertakings are established for performing activities in the public interest by the Government, municipality councils and the City of Skopje. The founder of the public undertakings prescribes which services cannot be stopped in the case of a strike. In this regard, the Committee had requested the Government to provide a copy of the Law on Public Undertakings, along with the list of the existing public undertakings. The Committee notes the Government’s indication that public undertakings are established at the local level, and the number of enterprises and their employees depends on the level of development of the municipality. The Committee once again requests the Government to provide a copy of the Law on Public Undertakings, along with the list of the existing public undertakings established at the local level.

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The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010 concerning issues already raised by the Committee, and the Government’s reply thereon.

The Committee notes that the Government indicates in its report that, within the process of harmonization of its labour legislation with that of the European Union, and in accordance with the recommendations of the International Labour Organization, it has made significant changes and amendments to the Law on Labour Relations. The Committee welcomes the laws changing and amending the Law on Labour Relations (Official Gazette, No. 106/2008 and No. 130/2009). More particularly, the Committee notes with satisfaction that:

–      Section 236(5) of the Labour Relations Act which provided that workers had to specify the duration of a strike has been repealed by article 23 of the Law changing and amending the Labour Relations Act (No. 106/2008) and that no provision requires the workers and their organizations to specify the duration of the strike.

–      Section 201(2) of the Labour Relations Act which stated that a trade union or an employers’ association shall terminate its activities if, without any important and justified reasons, it did not hold a meeting of its highest executive body for a period exceeding twice the period provided for in its statutes has been amended by the law changing and amending the Labour Relations Act (No. 130/2009) and now provides that the trade union or employers’ associations shall cease to operate only if such is decided by the competent body of the trade union or employers’ association, which by statute is authorized to decide on the termination of operation of the trade union or employers’ association.

–      Section 194, paragraph 4, which provided that if a trade union or an employer’s association ceases its activity, its property may not be divided among its members has been repealed by the law changing and amending the Labour Relations Act, No. 130/2009.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that in its previous direct request it had raised the following points in respect of the Labour Relations Law of 2005.

1. Right to strike. According to section 236(5) of the Law, the strike notice shall include the indication of duration of the strike. The Committee considers that requiring workers and their organizations to specify the length of a strike would restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee therefore once again requests the Government to take the necessary measures to amend its legislation so as to ensure that no legal obligation to indicate the duration of a strike is imposed on workers’ organizations and to keep it informed of measures taken or envisaged in this regard.

Section 239(3) of the Law provides that an employee may be dismissed if he or she organized or participated in a strike, which was not organized in compliance with the law. The Committee is of the view that workers should not be subject to disciplinary penalty, including dismissal, for, for example, not ending a strike on a predetermined date, as it would restrict the right of workers’ organizations to organize their activities and formulate their programmes. The Committee once again asks the Government to take the necessary measures to amend its legislation so as to ensure that disciplinary penalties cannot be imposed on workers for failure to end a strike on a predetermined date and to keep it informed of measures taken or envisaged in this respect.

Section 238(4) of the Law provides that if no agreement could be reached on the minimum services, the employer or the trade union may demand that the arbitration makes the decision. The Committee recalls that, in the event of a disagreement on the minimum services, a joint or independent body should issue enforceable decisions. The Committee once again requests the Government to provide information on the arbitration referred to by section 238(4) and, in particular, on the composition thereof.

The Committee had previously requested the Government to provide the relevant legislation in respect of the right to strike of workers employed in the public sector. The Committee notes that the right to strike of civil servants is regulated by the Law on Civil Servants and that pursuant to section 34 of the Law on Civil Servants, when exercising their right to strike, civil servants are obliged to ensure minimum services. The Committee further had noted the Government’s indication that pursuant to section 33 of the Law on Public Undertakings, workers of such undertakings have the right to strike, but must fulfil obligations towards citizens, legal entities and state authorities in order not to jeopardize life, health and economic and social security of the citizens, necessary economic activities in the country and fulfilment of international agreements. According to section 1 of that Law, public undertakings are established for performing activities in the public interest by the Government, municipality councils and the City of Skopje. The founder of the public undertakings prescribes which services cannot be stopped in the case of a strike. The Committee requests the Government to provide a copy of the Law on Public Undertakings, along with the list of the existing public undertakings.

2. Dissolution of an organization. According to section 201(2) of the Law, a trade union or an employers’ association shall terminate its activities if, without any important and justified reasons, it did not hold a meeting of its highest executive body for a period exceeding twice the period provided for in its statutes. According to section 202(1), the activities of an organization shall be banned if its activity is contrary to the Law. In view of the serious consequences which dissolution of a union or an employers’ organization involves for the occupational representation of its members, the Committee considers that it would appear preferable, in the interest of labour relations, if such action were to be taken only as the last resort, and after exhausting other possibilities with less serious effects for the organization as a whole. The Committee considers that not holding a meeting of a highest executive body of an organization for two consecutive times is not a sufficient ground for terminating the activities of a trade union or an employers’ organization. Moreover, the Committee considers that section 202(1) referring to the “activities contrary to the law” establishes excessively broad grounds by means of an open-ended definition for banning activities of an organization. The Committee considers that rather than being subject to dissolution, the organizations should be provided with an opportunity to rectify the absence of certain of the formal requirements established by the legislation. The Committee therefore requests the Government to take the necessary measures to repeal section 201(2) and to amend section 202(1) accordingly and to keep it informed of measures taken or envisaged in this respect.

According to section 201(3), a trade union or an employers’ organization shall terminate its activities if the number of its members decreases below the number of members required for establishment of an organization under the present law. Noting that no section of the Law on Labour Relations provides for a minimum membership requirement, the Committee requests the Government to provide clarification in this respect.

According to section 194(4) of the Law, if a trade union or an employers’ association ceases its activity, its property may not be divided among its members. The Committee considers that when a workers’ or employers’ organization ceases to exist, its assets should be distributed in accordance with its own rules, but where there is no specific rule, the assets should be at the disposal of the members concerned. The Committee therefore requests the Government to take the necessary measures to amend section 194(4) accordingly and to keep it informed of measures taken or envisaged in this respect.

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The Committee notes the Government’s first report.

While noting the information provided by the Government, the Committee recalls that in its previous direct request it had raised the following points in respect of the Labour Relations Law of 2005.

1. Right to strike. According to section 236(5) of the Law, the strike notice shall include the indication of duration of the strike. The Committee considers that requiring workers and their organizations to specify the length of a strike would restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee therefore once again requests the Government to take the necessary measures to amend its legislation so as to ensure that no legal obligation to indicate the duration of a strike is imposed on workers’ organizations and to keep it informed of measures taken or envisaged in this regard.

Section 239(3) of the Law provides that an employee may be dismissed if he or she organized or participated in a strike, which was not organized in compliance with the law. The Committee is of the view that workers should not be subject to disciplinary penalty, including dismissal, for, for example, not ending a strike on a predetermined date, as it would restrict the right of workers’ organizations to organize their activities and formulate their programmes. The Committee once again asks the Government to take the necessary measures to amend its legislation so as to ensure that disciplinary penalties cannot be imposed on workers for failure to end a strike on a predetermined date and to keep it informed of measures taken or envisaged in this respect.

Section 238(4) of the Law provides that if no agreement could be reached on the minimum services, the employer or the trade union may demand that the arbitration makes the decision. The Committee recalls that, in the event of a disagreement on the minimum services, a joint or independent body should issue enforceable decisions. The Committee once again requests the Government to provide information on the arbitration referred to by section 238(4) and, in particular, on the composition thereof.

The Committee had previously requested the Government to provide the relevant legislation in respect of the right to strike of workers employed in the public sector. The Committee notes that the right to strike of civil servants is regulated by the Law on Civil Servants and that pursuant to section 34 of the Law on Civil Servants, when exercising their right to strike, civil servants are obliged to ensure minimum services. The Committee further notes the Government’s indication that pursuant to section 33 of the Law on Public Undertakings, workers of such undertakings have the right to strike, but must fulfil obligations towards citizens, legal entities and state authorities in order not to jeopardize life, health and economic and social security of the citizens, necessary economic activities in the country and fulfilment of international agreements. According to section 1 of that Law, public undertakings are established for performing activities in the public interest by the Government, municipality councils and the City of Skopje. The founder of the public undertakings prescribes which services cannot be stopped in the case of a strike. The Committee requests the Government to provide a copy of the Law on Public Undertakings, along with the list of the existing public undertakings.

2. Dissolution of an organization. According to section 201(2) of the Law, a trade union or an employers’ association shall terminate its activities if, without any important and justified reasons, it did not hold a meeting of its highest executive body for a period exceeding twice the period provided for in its statutes. According to section 202(1), the activities of an organization shall be banned if its activity is contrary to the Law. In view of the serious consequences which dissolution of a union or an employers’ organization involves for the occupational representation of its members, the Committee considers that it would appear preferable, in the interest of labour relations, if such action were to be taken only as the last resort, and after exhausting other possibilities with less serious effects for the organization as a whole. The Committee considers that not holding a meeting of a highest executive body of an organization for two consecutive times is not a sufficient ground for terminating the activities of a trade union or an employers’ organization. Moreover, the Committee considers that section 202(1) referring to the “activities contrary to the law” establishes excessively broad grounds by means of an open-ended definition for banning activities of an organization. The Committee considers that rather than being subject to dissolution, the organizations should be provided with an opportunity to rectify the absence of certain of the formal requirements established by the legislation. The Committee therefore requests the Government to take the necessary measures to repeal section 201(2) and to amend section 202(1) accordingly and to keep it informed of measures taken or envisaged in this respect.

According to section 201(3), a trade union or an employers’ organization shall terminate its activities if the number of its members decreases below the number of members required for establishment of an organization under the present law. Noting that no section of the Law on Labour Relations provides for a minimum membership requirement, the Committee requests the Government to provide clarification in this respect.

According to section 194(4) of the Law, if a trade union or an employers’ association ceases its activity, its property may not be divided among its members. The Committee considers that when a workers’ or employers’ organization ceases to exist, its assets should be distributed in accordance with its own rules, but where there is no specific rule, the assets should be at the disposal of the members concerned. The Committee therefore requests the Government to take the necessary measures to amend section 194(4) accordingly and to keep it informed of measures taken or envisaged in this respect.

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The Committee notes the Labour Relations Law of 2005 and wishes to raise in this respect the following points.

1. Right to strike. The Committee notes that, according to section 236(5) of the Law, the strike notice shall include the indication of duration of the strike. The Committee considers that requiring workers and their organizations to specify the length of a strike would restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee requests the Government to take the necessary measures to amend its legislation so as to ensure that no legal obligation to indicate the duration of a strike is imposed on workers’ organizations and to keep it informed of measures taken or envisaged in this regard.

The Committee notes, moreover, that section 239(3) of the Law provides that an employee may be dismissed if he or she organized or participated in a strike, which was not organized in compliance with the law. The Committee is of the view that workers should not be subject to disciplinary penalty, including dismissal, for example, not ending a strike on a predetermined date, as it would restrict the right of workers’ organizations to organize their activities and formulate their programmes. The Committee asks the Government to take the necessary measures to amend its legislation so as to ensure that disciplinary penalties cannot be imposed on workers for failure to end a strike on a predetermined date and to keep it informed of measures taken or envisaged in this respect.

The Committee notes that, according to section 238(4) of the Law, if no agreement can be reached on the minimum services, the employer or the trade union may demand that the arbitration makes the decision. The Committee recalls that, in the event of a disagreement on the minimum services, a joint or independent body should issue enforceable decisions. The Committee therefore requests the Government to provide information on the arbitration referred to by section 238(4) and, in particular, on the composition thereof.

The Committee requests the Government to provide information on the purpose and practical application of section 237 of the Law on the possible exclusion of employees from the working process during a strike.

The Committee notes section 245 of the Law, which provides that a strike in the government administration, public enterprises and institutions is regulated by a special law. The Committee requests the Government to provide the relevant legislation in respect of the right to strike of workers employed in the public sector.

2. Dissolution of an organization. The Committee notes that, according to section 201(2) of the Law, a trade union or an employers’ association shall terminate its activities if, without any important and justified reasons, it did not hold a meeting of its highest executive body for a period exceeding twice the period provided for in its statutes. According to section 202(1), the activities of an organization shall be banned if its activity is contrary to the law. In view of the serious consequences which dissolution of a union or an employers’ organization involves for the occupational representation of its members, the Committee considers that it would appear preferable, in the interest of labour relations, if such action were to be taken only as the last resort, and after exhausting other possibilities with less serious effects for the organization as a whole. The Committee considers that not holding a meeting of a highest executive body of an organization for two consecutive times is not a sufficient ground for terminating the activities of a trade union or an employers’ organization. Moreover, the Committee considers that section 202(1) referring to the “activities contrary to the law” establishes excessively broad grounds by means of an open-ended definition for banning activities of an organization. The Committee considers that rather than being subject to dissolution, the organizations should be provided with an opportunity to rectify the absence of certain of the formal requirements established by the legislation. The Committee therefore requests the Government to take the necessary measures to repeal section 201(2) and to amend section 202(1) accordingly and to keep it informed of measures taken or envisaged in this respect.

The Committee further notes section 201(3), which provides that a trade union or an employers’ organization shall terminate its activities if the number of its members decreases below the number of members required for establishment of an organization under the present law. Noting that no section of the Law on Labour Relations provides for a minimum membership requirement, the Committee requests the Government to provide clarification in this respect.

The Committee notes that, according to section 194(4) of the Law, if a trade union or an employers’ association ceases its activity, its property may not be divided among its members. The Committee considers that when a workers’ or employers’ organization ceases to exist, its assets should be distributed in accordance with its own rules, but where there is no specific rule, the assets should be at the disposal of the members concerned. The Committee therefore requests the Government to take the necessary measures to amend section 194(4) accordingly and to keep it informed of measures taken or envisaged in this respect.

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The Committee notes with regret that the Government’s report has not been received.

The Committee had previously requested the Government to indicate steps taken to finalize the registration of the Union of Employers of Macedonia (UEM). The Committee notes with interest from information provided by the Confederation of Employers of the Republic of Macedonia, a successor of the UEM, that it has been registered.

The Committee further notes the comments submitted on 30 August 2006 by the International Confederation of Free Trade Unions (ICFTU) on the Labour Relations Law of 22 July 2005. The Committee recalls that in its previous observation it had indicated that it would examine this Law during the regular reporting cycle in 2006. In this respect, the Committee is addressing a request directly to the Government. 

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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 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.

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

The Committee takes note of the adoption of the Labour Relations Act on 22 July 2005 and will examine this Act at its next meeting, in the regular supervisory cycle.

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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 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.

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

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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.

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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 notes with regret that, since the entry into force in respect of The former Yugoslav Republic of Macedonia of this Convention in 1992, the Government’s first report has still not been received.

The Committee trusts that the Government is now in a position to provide detailed replies to the questions contained in the report form, along with any relevant legislative texts, in its next report.

The Committee further notes the conclusions 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). Noting the apparent absence of legislation for the registration and legal recognition of employers’ organizations, the Committee requests the Government to indicate, in its next report, the measures taken or envisaged to ensure the recognition of employers’ organizations in a status corresponding to their objectives. It further requests the Government to indicate in its next report the steps taken to finalize the registration of the Union of Employers of Macedonia.

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The Committee notes with regret that, since the entry into force in respect of The former Yugoslav Republic of Macedonia of this Convention in 1992, the Government’s first report has still not been received.

The Committee trusts that the Government is now in a position to provide detailed replies to the questions contained in the report form, along with any relevant legislative texts, in its next report.

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The Committee notes with regret that the Government’s first report has still not been received.

Noting the provisions of the Constitution of 1991 which guarantee citizens freedom of association (article 20) and the right to establish trade unions (article 37), the Committee points out that, in its General Survey on freedom of association and collective bargaining, 1994 (paragraph 63), it stated that restrictions making citizenship a precondition for membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to ensure that all workers legally residing in its territory, whether citizens of the country or foreigners, benefit from the trade union rights provided by the Convention, including the right to strike, without any distinction based on nationality. The Committee also requests the Government to provide with its report the texts currently in force of the Labour Code and the Penal Code, and the text governing freedom of association, the right to organize, the settlement of collective disputes and the right to strike.

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The Committee notes with regret that, since the entry into force of this Convention in 1992, the Government’s first report has still not been received.

The Committee is addressing a request directly to the Government on one point and requests the Government to provide detailed replies to the questions contained in the report form sent to it concerning the application of the Convention.

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The Committee notes with regret that the Government's first report has still not been received.

Noting the provisions of the Constitution of 1991 which guarantee citizens freedom of association (article 20) and the right to establish trade unions (article 37), the Committee points out that, in its 1994 General Survey on freedom of association and collective bargaining (paragraph 63), it stated that restrictions making citizenship a precondition for membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to ensure that all workers legally residing in its territory, whether citizens of the country or foreigners, benefit from the trade union rights provided by the Convention, including the right to strike, without any distinction based on nationality. The Committee also requests the Government to provide with its report the texts currently in force of the Labour Code and Penal Code, and the text governing freedom of association, the right to organize, the settlement of collective disputes and the right to strike.

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The Committee notes with regret that the Government's first report has still not been received.

The Committee is addressing a request directly to the Government on one point and requests the Government to provide detailed replies to the questions contained in the report form sent to it concerning the application of the Convention.

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The Committee notes the provisions of the Constitution of 1991 which guarantee citizens freedom of association (article 20) and the right to establish trade unions (article 37). The Committee points out that, in its 1994 General Survey on freedom of association and collective bargaining (paragraph 63), it stated that restrictions making citizenship a precondition for membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to ensure that all workers legally residing in its territory, whether citizens of the country or foreigners, benefit from the trade union rights provided by the Convention, including the right to strike, without any distinction based on nationality.

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The Committee notes with satisfaction the provisions of the Constitution of 1991 which guarantee citizens freedom of association (article 20), the right of citizens to establish trade unions and the right of those trade unions to constitute confederations and become members of international trade union organizations (article 37), and the right to strike (article 38). Foreign nationals enjoy the freedoms and rights guaranteed by the Constitution subject to the conditions established by law and international agreements (article 29).

The law may restrict freedom of association and the right to strike for certain groups namely, the armed forces, police and administrative bodies (articles 37 and 38). The rights and freedoms guaranteed by the Constitution can be restricted during states of emergency or war (article 54).

The Committee requests the Government to provide detailed replies to the questions contained in the report form sent to it concerning the application of this fundamental Convention. The Committee also requests the Government to provide with its report the texts currently in force of the Labour Code and Penal Code, and the text governing freedom of association, the right to organize, the settlement of collective disputes and the right to strike.

The Committee is also addressing a request directly to the Government on one point.

[The Government is asked to report in detail in 1999.]