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Comments adopted by the CEACR: North Macedonia

ADOPTED_BY_THE_CEACR_IN 2021

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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.
Repetition
The Committee notes the report provided by the Government on the application of Convention No. 3, the first report provided since its ratification in 1991. The Committee recalls that in 2012 the country ratified the Maternity Protection Convention, 2000 (No. 183), which is the most up-to-date ILO standard on maternity protection. As the first detailed report on the application of Convention No. 183 is due in 2014, the Committee has decided to examine the information provided by the Government on the application of Convention No. 3 together with the information to be provided in 2014. In this respect, the Committee invites the Government, when drawing up the requested report, to follow the indications in the report form adopted by the Governing Body.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee notes that in its brief report, the Government once again refers to the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances, indicating that pursuant to section 11(2) of the Rulebook, the procedures relating to the protection of health when working with dangerous chemical substances for which there is a binding biological limit value are provided for in Annex No. 2 of the Rulebook. However, the Committee notes that despite its request, the Government has not submitted a copy of the Rulebook and its annexes and has not provided information on measures taken to give effect to the Convention. Recalling that the Office is available to assist governments in bringing their national law and practice into conformity with the Conventions, the Committee requests the Government to provide detailed information in its next report on measures taken or envisaged to give full effect to each of the provisions of the Convention and to submit a copy of the abovementioned Rulebook and its annexes.
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 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.
Repetition
Articles 4 and 5 of the Convention. Total and partial exceptions – Compensatory rest. The Committee requests the Government to refer to the comments made under Articles 6, 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 3(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals (LEFN) during regular inspections in the areas of labour relations. The Committee notes that, pursuant to section 18(2) of the Law, the monitoring of its implementation shall be carried out by the State Labour Inspectorate (SLI) and pursuant to section 18(3), labour inspections related to work permits and illegal employment or work of foreign nationals may be carried out ex officio or at the request of the Employment Service Agency (ESA). The SLI is then obliged to submit reports every six months regarding the instituted procedures and imposed misdemeanour sanctions to the ESA pursuant to section 18(4) of the LEFN. Fines can be imposed not only on an employer or a facilitator of illegal work, but also on a foreign national if she or he does not present the work permit when requested by the SLI (section 27). The Committee recalls that, pursuant to Article 3 of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Further, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on action undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which foreign workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.
The Committee is raising other matters in a request addressed directly to the Government.
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 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.
Repetition
In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
Labour inspection: Conventions Nos 81 and 129
Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application. The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law). Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.
Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors. The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.
Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out. The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings. The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.
Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.
Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance. The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017. The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.
Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP. The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.
Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017. Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.
Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information. The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.
Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate. The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.
Issues specifically concerning labour inspection in agriculture
Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA. The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.
Labour administration: Convention No. 150
The Committee notes the information provided by the Government in its first report on the application of the Convention.
Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5 of the Convention. With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).
Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.
Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart. The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.

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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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The Committee notes the observations of the Confederation of Free Trade Unions of Macedonia (KSS), received on 1 September 2021, which denounce (i) acts of anti-union discrimination, including dismissal, against trade union representatives; (ii) the non-application of collective agreements by the Ministry of Education; and (iii) the inability of the Commission for representativeness to decide on the representativeness of the KSS in the public sector. 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.
Article 4 of the Convention. Promotion of collective bargaining. The Committee notes the information provided by the Government concerning the outcome of the “Promoting Social Dialogue” project implemented from October 2014 until April 2017. It notes that the Government indicates that: (i) training for collective bargaining skills was realized in the framework of this project in six sectors (transport, trade, tourism, agriculture, construction, and textile); (ii) 80 per cent of the planned measures from the Tripartite Action Plan for the promotion of collective bargaining were realized; and (iii) the new Labour Law and the special Law on Worker and Employer Organizations and Collective Bargaining are currently under preparation. Noting that the mentioned draft laws gave rise to technical comments from the Office, the Committee requests the Government to inform on the adoption process of the new Labour Law and the special Law on Worker and Employer Organizations and Collective Bargaining
Collective bargaining in practice. The Committee notes the statistical data provided by the Government concerning the number of collective agreements concluded in both the public and private sectors and the number of workers covered (respectively: 102,506 workers from six concluded collective agreements and 51,388 workers from ten concluded collective agreements). The Committee notes with interest that since 2014 and the beginning of the “Promoting Social Dialogue” project, the rate of workers covered by collective agreements moved from 21.8 per cent to 24.6 per cent and that the number of collective agreements signed at the enterprise level increased by 29 per cent. The Committee invites the Government to keep promoting collective bargaining at all levels and to keep providing information on the number of collective agreements signed and the percentage of the workforce covered.
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 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.
Repetition
Article 6 of the Convention. Entitlement to weekly rest. The Committee notes that, under section 121 of the Labour Relations Law of 22 July 2005 (Official Gazette No. 62/2005), a full-time employee may, as an exception, conclude a part-time employment contract with another employer for not more than ten hours a week. It also notes that section 121(2) of the Labour Relations Law requires such a contract to include agreed provisions on the manner in which the employee is expected to exercise the rights and obligations arising from the full-time employment contract. The Committee therefore understands that section 121(2) of the Labour Relations Law seeks to guarantee the worker’s entitlement to weekly rest in case the additional part-time employment would impact on that entitlement. The Committee requests the Government to clarify whether this understanding is correct.
Articles 7, 8 and 11. Permanent and temporary exceptions. In reply to the Committee’s previous comment, the Government indicates that, under section 134(3) of the Labour Relations Law, work on the weekly rest day – which in principle is Sunday – may be rendered necessary by objective, technical or organizational reasons, that is, whenever the work process cannot be interrupted without impacting negatively on the enterprise’s work. Recalling that permanent and temporary exemptions to the ordinary weekly rest scheme may be authorized only under the limited circumstances specified in Articles 7 and 8 of the Convention, the Committee requests the Government to provide further clarification on the categories of workers and the types of establishments subject to special weekly rest schemes and to indicate how it is ensured that temporary exemptions granted under section 134(3) of the Labour Relations Law do not go beyond the circumstances provided for in Article 8(1) of the Convention. In addition, referring to section 136(3) of the Labour Relations Law, the Committee again requests the Government to indicate the steps taken or envisaged to re-examine the appropriateness of special weekly rest schemes providing for the averaging of weekly rest over a reference period of up to six months, and to consider the possibility of amending the relevant provisions of the Labour Relations Law accordingly.
Article 8(3). Compensatory rest. The Committee requests the Government to indicate how it is ensured in law and in practice that, where temporary exemptions are authorized, compensatory rest of at least a 24-hour duration is granted, as required under Article 8(3) of the Convention.

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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.
Repetition
Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. With reference to its previous comments, the Committee notes the information in the Government’s report that road vehicles and agricultural and forestry tractors are regulated by the Law on Vehicles (Official Gazette of Republic of Macedonia No. 140/08, 53/11, 123/12, 70/13 and 164/13) and that the State Agricultural Inspectorate or the State Forestry Inspectorate have jurisdiction over the agricultural and forestry tractors that are used in agricultural or forestry works. The Committee also notes that the vehicles undergo maintenance and are subject to safety regulations. However, the Committee observes that the Government’s report does not contain any information with regard to measures taken to ensure the effective application of this provision of the Convention to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee therefore once again requests the Government to provide further information on the measures taken to ensure the effective application of this provision of the Convention.
Articles 2 and 4. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee previously noted the lists of dangerous parts and categories of machinery contained in Annex IV of the Rulebook on Machinery Safety and the basic requirements for safety and health in connection with the design and manufacture of machinery contained in Annex I of this Rulebook. It noted that the enumeration of dangerous parts contained in the Rulebook on Machinery Safety did not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee notes the information in the Government’s current report that a list of safety components is drafted in Annex V of the Rulebook on Machinery Safety and that it is necessary for the dangerous parts and the machines to comply with the standards in the List of Standards (Official Gazette of Republic of Macedonia No. 143/12) to ensure that the product is safe. However, the Committee notes that there is no indication in the Government’s report of legislation or other equally effective measures prohibiting the sale and hire of machinery of which the dangerous parts, specified in Article 2(3) and (4), are without appropriate guards. In this regard, the Committee wishes to draw the Government’s attention to the objective of Article 2 of the Convention, which is to guarantee that machines are safe before they reach the user, whereas the abovementioned legislation refers to general safety provisions concerning the guarding of machinery once it is in use. The Committee requests the Government to ensure that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures and to provide information in this respect. It therefore requests the Government to take all appropriate measures to include the list of dangerous parts of machinery as contained in Article 2(3) and (4) of the Convention, in the relevant laws and regulations.
Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee notes the information in the Government’s report that if the machines do not comply with the provisions of the Rulebook on Machinery Safety, the state labour inspectorate takes appropriate measures for limiting or prohibiting those machines to be placed on the market in accordance with section 18 of the Rulebook on Machinery Safety or it guarantees that the machines are withdrawn from the market, in accordance with section 36 of the Law on Product Safety. The Committee notes that section 18 of the Rulebook on Machinery Safety refers to the marking and labelling of machinery and that section 36 of the Law on Product Safety refers to powers of the inspection authorities during an inspection. The Committee therefore notes that neither of the provisions refers to the sale or transfer of machinery for storage, scrapping or reconditioning. The Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 3 of the Convention.
Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee previously noted that section 14 of the Law on Occupational Safety and Health prescribes that the employer shall provide signs of danger and instruction for safe use on the working equipment and means of work, in accordance with a special regulation. The Committee notes from the Government’s current report that in accordance with Annex VII of the Rulebook on Machinery Safety, the manufacturer of machines is obliged to provide a Technical File before placing the machines on the market, which includes comprehensive information, including a copy of the guidelines for operating the machines, descriptions and explanations needed for the handling of the machines, risk assessment documentation which show the list of essential requirements applicable, and a description of precautions for eliminating the identified dangers or reducing the risks, and if applicable, other risks related to the machines. The Committee once again requests the Government to provide further information on the special regulation mentioned in section 14 of the Law on Occupational Safety and Health. It also requests the Government to indicate how employers give notice to workers and instruct them regarding the dangers arising, and the precautions to be observed, in the use of machinery and establish and maintain environmental conditions so as not to endanger workers covered by the Convention.
Articles 12 and 14. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected and measures ensuring that the term employer includes a prescribed agent of the employer. The Committee notes the information in the Government’s report that the operation of machines by workers does not influence their social security rights which arise from the employment contract or when regulated by the Law on Working Relations, and that the working position itself is irrelevant for the realization of the right to social insurance. The Committee also notes that an employer can be a legal entity, a natural person or a person authorized by the employer to perform operations on its behalf. The Committee requests the Government to indicate the specific provisions of the national legislation which give effect to the Articles 12 and 14 of the Convention and to submit a copy these provisions along with its next report.
Application of the Convention in practice. The Committee requests the Government to give an appreciation of the manner in which this Convention is applied in the country, including, for example, extracts from inspection reports and information on any practical difficulties in the application of this Convention.

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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.
Repetition
Articles 3 and 4(2) of the Convention. Criteria for determining the minimum wage level and full consultations with the social partners. In its previous comments, the Committee noted that section 4 of the Minimum Wage Act (Official Gazette No. 11/12) defined the national minimum wage as a standard percentage of the country’s gross average rate, and requested the Government to clarify: (i) whether the social criteria enumerated in Article 3 were taken into consideration for determining the level of the minimum wage; and (ii) the role of the Economic and Social Council in the minimum wage fixing process. The Committee notes that: (i) section 4 of the Minimum Wage Act was amended in 2017 (Official Gazette No. 132/17); (ii) section 4(1) of this Act currently provides that the annual adjustment of the minimum wage is based on the national average wage, the consumer price index, and the real growth of the gross domestic product; and (iii) pursuant to section 4(2) of the same Act, the Economic and Social Council provides an opinion on the annual adjustment of the minimum wage prior to its publication in the Official Gazette. The Committee also takes note of the Government’s indications in its report that: (i) the introduction of the minimum wage in 2012 has proven to be beneficial for the economy of the country and that it is thus possible to consider further increasing the level of the minimum wage; and (ii) the social partners were consulted prior to the adjustments of the minimum wage level. Finally, the Committee notes that the Government is receiving technical assistance on the application of the Convention.

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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.
Repetition
Article 7 of the Convention. Holiday pay. The Committee notes that the Labour Relations Law does not seem to contain any provision expressly requiring the payment of holiday pay in advance of the holiday. The Committee requests the Government to specify how effect is given to this Article of the Convention.
Articles 11 and 12. Compensation in lieu of unused leave upon termination of employment – Prohibition to relinquish or forgo the right to holiday. The Committee notes the Government’s reference to section 145 of the Labour Relations Law, as last amended in 2009, which provides that an employee is entitled to cash compensation for any unused part of annual leave at the end of the employment relationship. The Committee recalls, in this connection, earlier comments made by the Federation of Trade Unions of Macedonia (CCM) alleging that the labour legislation gives the right to employers to dispense with workers’ right to annual leave and replace it with minimal cash compensation. The Committee therefore requests the Government to confirm that replacing holiday entitlement with cash compensation is prohibited except in the event of termination of employment.

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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.
Repetition
The Committee notes that in its brief report, the Government indicates that pursuant to the Law on Occupational Safety and Health (OSH), every employer has the obligation to draft and implement a safety statement specifying the measures to be undertaken with regard to OSH. The Government also refers to section 4(1) of the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances (Official Gazette of the Republic of Macedonia No. 46/10) (hereinafter “the Rulebook”), which states that the binding limit values for professional exposure are provided for in Annex No. 1 and are fully implemented and monitored by inspection services. Once again recalling that, under article 22 of the ILO Constitution, the Government is required to submit regular reports on the measures which it has taken to give effect to the provisions of the Conventions to which it is a party, the Committee requests the Government to provide detailed information on the effect given to each Article of the Convention, in law and in practice, including specific references to the relevant provisions of the abovementioned Rulebook.

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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.
Repetition
Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Further to its previous comment, the Committee notes that, in 2014, the Ministry of Health and the Institute for Public Health conducted a survey in all authorized institutions for occupational safety, which required these institutions to submit data on measurements of each occupational hazard performed in the last three years. The Government indicates that the analysis of the data collected is still ongoing. Recalling that Article 1 of the Convention calls for the periodical review of the list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, the Committee requests the Government to indicate the manner in which this list is reviewed at periodical intervals as well as the manner in which the results of the abovementioned survey are used in this process.
Article 5. Medical examination and health supervision. In reply to the Committee’s previous comment, the Government indicates that the types of medical examinations provided to workers with an increased risk of exposure to carcinogenic and mutagenic substances are determined by the new Decree on the Type, Manner, Volume and Pricing of Health Examinations of Workers (No. 60/2013). The Committee requests the Government to supply a copy of this text. The Government is also requested to provide information on the measures taken to ensure, that workers exposed to carcinogenic substances and agents are also provided with medical examinations after the period of employment, to evaluate and supervise their state of health in relation to occupational hazards, in accordance with this provision.
Article 6(a). Consultations with the most representative organizations of employers and workers concerned. The Committee notes that the Government’s report contains no information on this point. The Committee is therefore bound to reiterate its request to the Government to provide information on the manner in which consultations are held with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention.
Article 6(b). Bodies in charge of ensuring compliance with the provisions of the Convention. The Committee notes the information provided by the Government concerning the obligations of employers. The Committee requests the Government to indicate the statutory body or bodies in charge of supervising the implementation of the provisions of the Convention and of ensuring compliance therewith.
Application of the Convention in practice. The Committee notes from the Government’s report that there is currently no statistical data on occupational diseases due to exposure to carcinogenic substances or agents, but that a Professional Diseases Registry will be established. The Committee also notes that the Health and Environment Committee is currently reviewing the implementation of the laws and regulations on exposure to carcinogenic substances and agents. The Committee requests the Government to provide further information on the ongoing review process and its results as well as on any developments concerning the establishment of the Professional Diseases Registry. The Government is also requested to provide information on inspection visits carried out, the number and nature of contraventions detected and the sanctions imposed relating to the application of the Convention.

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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.
Repetition
The Committee welcomes the detailed information provided in the Government’s report on the measures taken by the tripartite Economic and Social Council (ESC) during the reporting period to promote and strengthen social dialogue and tripartite consultations at the national and local levels. The Government reports that the ESC continues to hold meetings, with seven meetings having been held in 2017. It adds that the social partners have engaged in both bipartite and tripartite consultations at the national level, and refers to discussions concerning the development of labour legislation and various action plans, including an action plan on the promotion of social dialogue, discussed by the ESC in 2015. Moreover, in 2016, among other activities, the ESC reviewed and adopted an action plan for the promotion of collective bargaining. The Government further indicates that six local ESCs have been established in the municipalities of Resen, Sveti Nikole, Strumica, Kichevo, Radovish and Struga, bringing the total of local ESCs to 15. The Committee requests the Government to provide information on the implementation and impact of the measures adopted under the action plans to promote social dialogue and collective bargaining and to communicate copies of the relevant action plans. The Committee further invites the Government to provide information with regard to whether any measures have been taken in relation to the possibility of introducing a fund for the promotion of social dialogue, discussed in the meeting.
Article 4. Administrative support and training. The Committee notes the Government’s indication that, in 2015, the ESC’s Rules of Procedure were amended, expanding its institutional framework and technical functioning. Six permanent working bodies were established within the ESC. In addition, a tripartite secretariat was established providing technical and expert support to the ESC, for whose functioning special rooms were provided and equipped. The Government indicates that thematic trainings and workshops were organized to strengthen the capacities of both the national and local ESCs. The Committee requests the Government to provide updated information on the nature and impact of the amendments made to the ESC’s Rules of Procedure. In addition, the Committee invites the Government to provide information on any arrangements made for the financing of the training of participants, including information concerning the frequency, nature and content of the training provided.
Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed information on the content and outcome of tripartite consultations held on each of the matters related to international labour standards set out in Article 5(1)(a)–(e) of the Convention. The Committee notes that the Government’s report does not contain information in this respect. The Committee therefore reiterates its request for detailed information on the content and outcome of tripartite consultations in relation to the matters covered under Article 5(1): the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference, particularly with regard to the Government’s comments on proposed texts to be discussed by the Conference (Article 5(1)(a)); consultations held with the social partners on the proposals made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); tripartite consultations on the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and on denunciation of ratified Conventions (Article 5, paragraph 1(e)).

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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.
Repetition
Article 1(2) and (3) of the Convention. Scope. The Committee notes from the Government’s report that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on Occupational Safety and Health (Law on OSH). It notes however, that domestic workers are now covered by the Law on OSH as of October 2011. The Committee requests the Government to take the appropriate measures, including the adoption of new legislation, to guarantee the application of the Convention to workers which are not covered by the Law on OSH.
Article 4(1). Measures to be taken for the prevention and control of occupational hazards. The Committee notes in the Government’s report information on measures for the reduction and prevention of risks at work and that the Government refers to section 12 of the Law on OSH, which states the general obligation of an employer in regard to occupational safety and health. The Committee notes that this provision is not specific to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. The Committee does note however, that section 4 of the Rulebook for occupational safety and health regarding exposure to the risks arising from noise states the exposure limits for noise, but does not give specific measures to be taken in order to reduce the risk associated with such exposure. The Committee further notes that if an employer does not act upon a decision by the state labour inspector, the state labour inspector proposes a settlement procedure before applying for an infringement procedure to the competent court. The Committee once again requests the Government to indicate the specific provisions in its national legislation which provide for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.
Article 7(2). Rights of workers or their representatives. The Committee previously noted the information provided by the Government regarding sections 27, 31(1) and 38(2) of the Law on OSH. The Committee asked the Government to indicate the measures taken or envisaged, in law and in practice, to allow workers or their representatives to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment. Noting that the Government has not supplied the information requested, the Committee once again requests it to do so.
Article 8(1). Establishing criteria for determining hazards. The Committee previously asked the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment. Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment.
The Committee also notes, once again, that the Government has omitted to provide information on the application of Articles 8(2)–(3), 11(3), 12, and 14 of the Convention. The Committee reiterates its request that the Government provides information on the application of these Articles, in law and in practice.
Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, the state labour inspectors covered 134,693 employees in the field of occupational safety and health and performed examinations of allowed values of exposure to noise and vibrations in 150 legal entities, and that identified deficiencies have been corrected. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to provide, where such statistics exist, information on the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

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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.
Repetition
Legislation. The Committee notes the information provided by the Government regarding the transposition of a number of European Union directives into national legislation during the reporting period, namely through the adoption of the Rulebook on Minimal Requirements on Occupational Safety and Health for Work on Board Fishing Vessels and of the Rulebook on the Minimal Requirements for Occupational Safety and Health of Workers regarding Risks Related to Exposure of Physical Agents (Electromagnetic Fields). It also notes the information provided on the effect given to Articles 5(c) and 19(d) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Articles 4, 5, 6, 7 and 15 of the Convention. Principles of a national policy on occupational safety and health (OSH). The Committee notes the information provided by the Government regarding the establishment in 2011 of the Occupational Safety and Health Council (hereinafter “the Council”), an expert advisory body composed of representatives of the Government and of the most representative organizations of employers and workers tasked with reviewing and providing opinions on the national OSH Programme and Strategy, the drafting of OSH laws and regulations and on the state of OSH (section 43 of the Law on Occupational Safety and Health). The Committee also notes that the Government adopted a Programme on OSH which determines the Strategy on the Development of OSH (hereinafter the “Strategy”) in relation to the protection of life, health and the prevention of occupational accidents and diseases. The Strategy adopted for the 2011–15 period aims to include all of the relevant factors for the achievement of a modern, effective and efficient OSH system in the country which will contribute to the reduction of occupational injuries and diseases. The Strategy also served as the basis for the 2013–14 Action Plan for OSH, which determines, on the basis of the objectives of the OSH Programme, the specific actions, measures, time frame, responsible authorities and indicators for the monitoring and evaluation of the proposed activities. The Government further indicates that the implementation of the Strategy and the Action Plan is achieved through inter-sectoral activities and through social dialogue and the development of tripartite partnerships. However, the Committee notes that the Government does not provide sufficient information on the OSH principles contained in the Programme, Strategy and Action Plan, and therefore does not enable it to evaluate whether these components of the national policy give effect to the requirements of Articles 5, 6, 7 and 15 of the Convention. The Committee requests the Government to provide further information on the OSH Council, particularly with regard to its functions and the frequency of its meetings. It also requests the Government to provide detailed information on the manner in which the principles of Part II of the Convention are taken into account in the components of national policy, to provide information on the results of consultations held with regard to the implementation and periodical review of national policy, and to submit copies of relevant national OSH documents, including the Programme, Strategy and Action Plan.
Article 10. Guidance to employers and workers. The Committee notes the indication of the Government that in April 2013, a fair was held in Skopje to inform employers of their legal obligations in relation to OSH and to share new expertise and skills in this field. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that guidance is provided to employers and workers so as to help them to comply with the legal obligations in relation to OSH.
Articles 11(a)–(f), 12(a)–(c), 14 and 19(e). Obligation of the competent authorities to ensure that certain functions are progressively carried out. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. Inquiries by the workers or their representatives on OSH questions and the possibility of involving technical advisers. The Committee notes that the Government has once again omitted to provide responses to the comments it formulated in 2008 regarding the effect given to the abovementioned Articles. The Committee once again reiterates its request that the Government provide information on the measures taken, in law and in practice, to give effect to Articles 11(a)–(f), 12(a)–(c), 14 and 19(e) of the Convention.
Application of the Convention in practice. The Committee notes the indication of the Government, in response to the Committee’s request, that a seminar on mobile construction sites was held in early 2013 and attended by construction company representatives, which included a presentation by OSH inspectors. The Committee also notes the statistical information provided by the Government, according to which the number of legal entities inspected with regard to the OSH training of employees increased from 14,437 in 2012 to 16,594 in 2013, while the number of entities where training deficiencies or irregularities were recorded decreased from 3,185 to 2,176. Furthermore, the Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which a total of 15,687 irregularities were identified by labour inspectors with regard to OSH, and that these irregularities primarily related to mandatory health examinations, provision of personal protective equipment, and failure to undertake measures to remove fire and explosion hazards. However, the Committee notes that no statistical data is provided on the number of occupational accidents and diseases recorded during the reporting period. The Committee once again requests the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing industry previously noted, and to continue to provide information on the measures taken in the construction industry. It also requests the Government to provide information on the application of the Convention in practice, including on the number of workers covered by the legislation, the number, nature and causes of the accidents and diseases reported, etc.
Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to improve its legislation by bringing it into conformity with the ILO Conventions on OSH. The Committee therefore invites the Government to make a formal request for such a technical assistance to the Office.

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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.
Repetition
Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. Pursuant to its previous comments, the Committee notes the Government’s indication that the Institute of Public Health (the Institute) is the specialized public health institution responsible for the collection, processing and evaluation of health statistics within all areas of health care (Law on Healthcare Records, Official Gazette of Republic of Macedonia No.20/2009). The Institute established a registry in 2014 and is currently collecting and processing data on the operation of the authorized occupational health institutions. An integral part of this registry includes data for advising employers, workers and their representatives of companies that have concluded agreements with authorized occupational health institutions or institutions that otherwise provide services that arise from Law on Occupational Safety and Health (Law on OSH). The Committee requests the Government to provide information on the data gathered by the registry of the Institute, and how effect is given to this Article of the Convention for workers who work in companies which have not concluded an agreement with the authorized occupational health institutions.
Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures taken to give effect to the provisions of the Convention. The Committee notes the information in the Government’s report that there are currently no records which refer to consultations with the representative organizations of employers and workers for measures that need to be undertaken in order to protect and promote the health of workers’, as previously requested by the Committee. The Committee recalls that in accordance with Articles 2 and 4 of the Convention, the competent authority shall, both in regard to the formulation, implementation and periodic review of a coherent national policy on occupation health services and the measures taken to give effect to the provisions of the Convention, consult with most representative organizations of employers and workers, where they exist. It further notes that the Occupational Safety and Health Strategy of the Republic of Macedonia (2011–15) is available on the Ministry of Health’s website. The Committee requests the Government to take the appropriate measures to ensure that consultations with the most representative organizations of employers and workers are held, both in regard to the formulation, implementation and periodical review of a coherent national policy on occupational health services and with regard to measures taken to give effect to the provisions of the Convention, and to provide information in this respect.
Article 3. Progressive development of occupational health services for all workers. The Committee notes from the Government’s report under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on OSH. It also notes the Government’s indication that the Military Medical Centre provides occupational safety and health for the members of the armed forces and that the Polyclinic of the Ministry of Internal Affairs provides services for the employees of that Ministry. The Committee requests the Government to indicate the measures taken or envisaged to ensure the progressive development of occupational health services for all other workers that are not covered by the Law on OSH.
Article 5. Functions of the occupational health service. Noting that the Government has not supplied the information requested in this respect, the Committee once again requests the Government to indicate the specific provisions which give effect to each paragraph under Article 5.
Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. The Committee notes from the Government’s report that the integration of the occupational safety and health functions is presently under analysis to identify the strengths and weaknesses of the actual occupational safety and health system. Pursuant to the decision by the Government on 19 November 2013, proposed by the Committee on Health and Environment, in cooperation with the Institute of Public Health of Republic of Macedonia, data is being collected on performed risk assessments, the number of workplaces under risk, the number of exposed workers and equipment owned by these institutions, in order to be able to perform the periodic measurements of the hazards in the working environment. The Committee notes the Government’s indication that while the analysis should identify the strengths and weaknesses of the OSH system, in the past three years, the largest occupational health institutions have not submitted their work reports, although a request by the Minister of Health was delivered in April of this year. The Committee requests the Government to provide information on the outcome of the analysis of the performed risk assessments. It reiterates its request for the Government to take measures, in law and in practice, to ensure the full application of Articles 7, 9 and 10 concerning the organisation and conditions of operation of occupational health services and to provide information in this respect.
Article 15. Occupational health services to be informed of any known factors which may affect the workers’ health. The Committee notes that Occupational Health Services shall be notified of any identified risks at the workplace through referrals for preventive health examinations and that sick leave, temporary absence from work due to medical reasons, shall be issued by selected physicians who provided integrated health protection services to patients. It further notes that in cases of increased frequency of sick leave, the employer may require data analysis. The Committee requests the Government to provide detailed information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons, in order to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.
Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, labour inspectors in the area of occupational safety and health performed a total of 10,699 regular inspection supervisions; 4,167 control inspection supervisions, and 1,338 inspection supervisions based on injuries reported at work. In the same year, labour inspectors adopted 3,698 decisions regarding irregularities and deficiencies within specified deadlines out of 15,687 deficiencies identified. The Committee notes that most of the identified deficiencies concerned mandatory health examinations of employees in the authorized health institutions in the field of occupational medicine, and that the third leading cause was failure to conduct training of workers in occupational safety and health. Nonetheless, the Committee notes the Government’s statement that identified deficiencies are in decline compared to 2012 and that the inspections indicate the increased awareness of employers regarding safety at work and the safety of each employee. The Committee requests the Government to continue to give a general appreciation of the manner in which the Convention is applied in the country and to provide relevant statistics.

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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.
Repetition
Articles 3(2), 10 and 11 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge and measures to regulate or prohibit the use of asbestos. The Committee takes due note of the Government’s indication in its report that the List of Prohibition and Restrictions for Use of Chemicals (No. 57/2011) (the List) issued in accordance with section 8 of the Law on Chemicals (LC) (No. 145/10) prohibits the marketing, production and use of all types of asbestos, as well as products containing fibres of asbestos (crocidolite, amosite, chrysotile, tremolite, anthophyllite, actinolite), though with certain time-bound exceptions in terms of the use of diaphragms containing chrysotile which are part of the existing installations for electrolysis, reinforced asbestos klingerit, and graphite braids, any products placed on the market before the adoption of the List, and the production, marketing and use of asbestos. The Committee notes that pursuant to the List, these exceptions were allowed until mid-2011 and only on condition that a high level of health protection was ensured. In addition, the Committee takes due note that the Ministry of Health has established the Department for Chemicals which is mandated to register operators performing activities for trade and production of chemicals including asbestos and inspection supervision, in order to fully implement the List and the LC. The Committee requests the Government to provide information on the work of the Department for Chemicals with respect to the implementation of the prohibition of asbestos, including any difficulties encountered in that respect.
Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. The Committee notes the Government’s indication, in response to the Committee’s request, that tripartite consultations are organized through professional meetings and coordination by the non-governmental organizations (NGOs). The Committee also notes with interest that the Action Plan for Implementation of the Safety and Health Strategy at Work for 2017–20, available on the website of the Ministry of Labour and Social Policy (MoLSP), which has been developed through the tripartite national OSH council in terms of section 43 of the Law on Safety and Health at Work (LSHW), establishes measures to be undertaken to examine the effects of asbestos including the development of a methodology for disease screening caused by exposure to asbestos. It further notes that the National Asbestos Profile and the National Programme for Eliminating the Asbestos-related Diseases have been adopted through tripartite consultation. It requests the Government to continue to provide information on the manner in which the employers’ and workers’ organizations are consulted for developing the measures taken to give effect to the provisions of the Convention, including consultations within the context of the tripartite national OSH council. It also requests the Government to continue to provide information on the implementation of the National Programme for Eliminating the Asbestos-related Diseases.
Article 6(3). Procedures for dealing with emergency situations. With reference to the aforementioned ban on all types of asbestos and products containing fibres of asbestos, the Committee notes the Government’s indication of sections 17, 25, 26 and 27 of the LSHW concerning general emergency procedures. The Committee further notes that section 15(5) of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos provides that the mandatory training provided to workers must include procedures to be followed in the case of emergencies.
Articles 17(2) and (3), and 19. Demolition workplan. Disposal of waste. The Committee notes the information in the Government’s report, in reply to its previous comments, that the adoption of action plans prepared prior to the initiation of demolition and transfer of materials containing asbestos define the measures to be taken to ensure the safety and health of workers, through the participation of workers, in accordance with section 27(1)(2)(3) of the LSHW which obliges employers to allow employees, union representatives or employee representatives where there is no trade union, and representatives of employees for OSH, to participate in discussions for all OSH-related issues. It further notes that in accordance with section 14 of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos, the plan to be developed before work involving the removal of asbestos or demolition work involving materials containing asbestos must prescribe the necessary measures to ensure safety and health of employees. In accordance with section 13, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, measures must be taken to prevent the spread of asbestos dust. Concerning consultation with workers, section 4 provides that the risks assessment undertaken for any activity likely to involve a risk of exposure to asbestos dust or materials containing asbestos shall be subject to consultation with workers or their representatives. Section 13(2) provides that, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, where the air concentration limit value of asbestos may be exceeded, workers and/or their representatives shall be consulted on the protective measures to be taken. Lastly, with respect to waste disposal, the Committee notes that in accordance with section 8 of the Rulebook, asbestos or building materials containing asbestos shall be stored and transported in a properly sealed package and must be collected and removed from the workplace in properly sealed and labelled containers.
Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the Government’s explanation, in reply to its previous request concerning medical examinations during the course of employment, referring to the Regulation on the type, manner, scope and price list of medical examinations for employees, that medical examinations are mandatory for all workers engaged in work involving increased risk of asbestos. The Government indicates that this Regulation makes mandatory medical examinations prior to the commencement of work at a workplace with exposure to asbestos and periodic examinations at a workplace involving exposure to asbestos. The Committee notes that pursuant to this Regulation, it is obligatory to inform workers of reports on their health and work capacity employers are obliged to refer workers to prior and periodic examinations and for doctors to submit the findings, opinions and recommendations based on the examinations.
Article 21(4). Maintenance of income for workers whose health is at risk. With reference to its previous comments, the Committee notes the detailed information in the Government’s report concerning disability compensation and insurance applicable to workers with temporary or permanent inability or disability to work due to occupational exposure to asbestos. It also takes due note of the right of workers concerned with the ability to work to vocational rehabilitation for a full-time job if they are younger than 50 years.
Article 21(5). Notification of occupational diseases. The Committee notes the Government’s statement in its report recognizing the issues regarding the under-reporting of occupational diseases. It therefore takes due note of the Government’s indication that the establishment of a new registration system for occupational diseases had been expected to start in early 2017. The Committee requests the Government to continue to provide information on the progress made in this regard, including the launch of the new registration system, its implementation, and the impact on the implementation of the Convention with respect to the notification of occupational diseases caused by asbestos.
Application of the Convention in practice. The Committee notes the Government’s indication that the MoLSP and the Ministry of Health are authorized to carry out inspections and submit data to the Institute of Public Health, which has developed standard forms for tracking activities related to exposure to asbestos. The Committee also notes the Government’s indication that the Health and Sanitary Inspection would initiate inspection supervisions by 2016 and collect statistics and produce quarterly reports on the numbers of medical examinations carried out on workers occupationally exposed to asbestos, jobs with a risk of exposure to asbestos and the workers concerned. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of inspections undertaken focusing on occupational activities with a risk of exposure to asbestos, the number and nature of the contraventions detected, the number of medical examinations carried out on workers occupationally exposed to asbestos and the number of occupational diseases reported as being caused by asbestos.

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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.
Repetition
The Committee notes the Government’s first report which refers to the most up-to-date pieces of legislation which are not yet available to the Office. The Committee notes also that the report does not indicate the specific provisions of the legislation giving effect to the requirements of each of the articles of the Convention as requested in the report form.
The Committee would be grateful if the Government could provide consolidated pieces of legislation, translated if possible into one of the working languages of the Organization, and in particular:
– the Labour Relations Law as of 2013;
– the Law on Heath Insurance as of 2014;
– the Law on Occupational Safety and Health as of 2013; and
– the last version of the General collective agreement mentioned in the Labour Relations Law (section 27).
Should these laws be amended before the next reporting cycle, the Committee asks that the Government also provide a copy of these amendments.

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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.
Repetition
The Committee notes the information provided by the Government in its first report on the application of the Convention.
Legislation. The Committee notes the Government’s indication that the Law on Occupational Safety and Health (No. 92/2007) (hereinafter OSH Law) was amended in 2013. The Committee asks the Government to submit a copy of the amendments to the OSH Law, if possible in one of the working languages of the ILO.
Article 2(2) of the Convention. Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for OSH. The Committee notes that the Government’s report is silent as to the effect given to this Article of the Convention. The Committee requests the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for OSH (listed in the Annex of the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197)), in addition to the ratified Conventions.
Article 2(3). Ratification of relevant OSH Conventions of the ILO. The Committee notes the Government’s indication that it is always willing to accept initiatives aimed at improving OSH and that any such initiative would be duly considered and discussed in the course of consultations with representatives from the organizations of employers and workers. However, the Committee notes that the Government does not provide any details on these initiatives. The Committee asks the Government to provide detailed information on the initiatives relevant to the possible ratification of OSH Conventions, including any consultations held with the most representative organizations of employers and workers in this regard.
Article 3. Formulation of a national policy and measures taken to promote basic principles. The Committee requests the Government to refer to its comments on the application of Articles 4, 5, 6, 7 and 15 of the Occupational Safety and Health Convention, 1981 (No. 155).
Article 4. National system for OSH. The Committee notes the information provided by the Government with regard to the inter-sectoral activities held to promote cooperation between institutions. However, the Committee notes that no information is provided on the establishment, maintenance, progressive development and periodical review of a national system for OSH, in consultation with the most representative organizations of employers and workers, or on the components of this system, listed in Article 4(2) and (3). The Committee requests the Government to provide detailed information on the manner in which effect is given, in law and in practice, to each paragraph of this Article of the Convention, including specific references to relevant legislation.
Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to provide information on the measures taken or envisaged so as to progressively improve OSH conditions in micro-enterprises, SMEs and the informal economy.
Article 5. National programme on OSH. The Committee notes the Government’s indication that the Council on Occupational Safety and Health is responsible for the OSH Strategy, a document based on the premise that preservation and promotion of the health of workers is a fundamental human right and which is the main guideline for OSH development in the country for a given period of time. The Government indicates that the Strategy provides for further action plans in OSH through inter-sectoral activities and dialogue with the social partners and the expert and professional communities, and that the Council and Government are to be notified of the results of the monitoring and assessment of the implementation of the Strategy. The Committee asks the Government to provide further information on the effect given to this Article, in law and in practice, and to indicate the manner in which the Strategy fulfils the requirements provided for in Article 5(1) and (2) with regard to the content of the national programme. It also asks the Government to provide information on the targets and indicators of progress used to evaluate the Strategy and the outcome of consultations held with the social partners in this regard.
Application of the Convention in practice. The Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which 15,687 deficiencies relating to OSH were identified in the course of the 10,699 regular inspections carried out in 2013. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice and to forward extracts of reports, studies and inquiries and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and any actions taken in relation thereto.

ADOPTED_BY_THE_CEACR_IN 2020

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government, as well as on the basis of the information contained in its report received in April 2020.
Articles 1 and 3 of the Convention. Contribution of the employment service to employment promotion. The Committee had previously requested the Government to provide information on the results of the active labour market measures implemented by the Employment Service Agency of the Republic of North Macedonia (ESARNM), including information on measures taken to improve its services, as well as statistical data on the number of employment offices, applications for employment received, vacancies notified and persons placed in employment. The Committee welcomes the detailed response provided by the Government in its supplementary report. The Government indicates that the ESARNM is composed of a central service (9 sectors with 20 departments and 2 non-sectoral departments) and 30 employment centres with 21 dispersed offices. The Committee takes note of the updated statistics communicated by the Government concerning the results of measures taken by the ESARNM in the framework of the annual Operational Plans implemented throughout 2018 and 2019 and during the first half of 2020. The Government reports that, in the first half of 2020, the employment services provided included: assistance to jobseekers (19,906 unemployed persons); motivational trainings (369 unemployed persons); preparation for employment trainings aimed at young people (16 unemployed youth); vocational guidance and career counselling (478 persons), activation of unemployed Roma and other persons at risk of social exclusion; placement in employment (1,108 requests received); and services for employers (including 1,019 meetings with employers in employment centres and workplace premises, group meetings and forums). In respect of specific groups that face particular difficulties in accessing the labour market, the Committee takes note of the Government’s reference to the “EU-funded project on Activation of vulnerable groups on the labour market”. The Committee notes that the annual Operational Plans provide for surveys to be conducted on skills needs to provide short-term indicators of employers’ needs and the skills that jobseekers should possess to be competitive in the labour market. The surveys were carried out in 2018 and 2019 and a Survey of skills needs for 2021 is planned for the end of 2020. The Government also reports that the Ministry of Information, Society and Administration launched a portal (uslugi.gov.mk) in 2020 which contains all the information and services provided by the ESARNM concerning employment, unemployment insurance, registries and other services. The Committee requests the Government to continue to provide detailed updated information, including statistics disaggregated by age and sex, on the nature and impact of measures taken to provide a free public employment service that ensures the best possible organisation of the labour market. In particular, the Committee requests the Government to provide information on the activities and impacts of the measures taken to address employment challenges faced by disadvantaged groups in the labour market, including through the EU-funded project on Activation of Vulnerable Groups on the Labour Market. The Committee further requests the Government to provide information on the development, implementation and impact of measures taken in the framework of the Operational Plans of the ESARNM, taking into account the health and socio-economic impacts of the COVID-19 pandemic. The Government is requested to indicate progress made as well as the specific challenges encountered, and the measures taken to address them.
Articles 4 and 5. Cooperation with the social partners. In reply to the Committee’s previous direct request, the Government reports that the Executive Board of the ESARNM is a collective organ which, in accordance with Article 89 of the Law on Employment and Insurance in case of Unemployment, is composed of nine members/experts with experience in the field of employment. Five of the members/experts are appointed by the Government of the Republic of North Macedonia, whereas of the four remaining Board members, two are selected and appointed by employers’ organizations and two by the workers’ organizations. The functions of the Executive Board are regulated by law and include reviewing reports, information and other materials related to the national employment situation and issues in the field of employment and unemployment, adopting the annual Programme of work for the ESARNM and reviewing proposals and initiatives to improve its work. The employers and trade unions present their requirements regarding the competence and activities of the ESARNM at the meetings of the Executive Board. The Committee requests the Government to continue to provide information, including examples, on the manner and extent to which the social partners participate in the organisation and operation of the Executive Board of the ESARNM, particularly in relation to the development and implementation of a national employment service policy.
Article 8. Special arrangements for young workers. The Government indicates that the high youth unemployment rate in the country demonstrates the need to take measures to improve the situation of young people in the labour market, mainly by facilitating the transition from education to employment. The Government refers to the introduction in December 2019 of a Youth Employment Support Union in the Department of Active Measures and Services for Employment. It adds that, since March 2018, the ESARNM has been implementing the Youth Guarantee programme. The programme entitles young persons up to 29 years of age, to receive an appropriate offer of employment, an opportunity to continue in education, or to be involved in an active employment measure, within 4 months of registering with the ESARNM as unemployed. In 2018, 5266 persons were included in the programme. Of this total, 1879 found employment (224 through the employment service), 281 were included in other active employment measures and 1342 persons were still waiting after 4 months. The Government indicates that the success of the Youth Guarantee programme in 2018 was therefore considered to be 41 per cent. In 2019, 20,302 persons (10,501 women) participated in the programme, out of which 6,036 found employment, while 1,177 persons were included in other active employment measures. In the first six months of 2020, 11,100 persons (5,442 women) participated in the programme, out of which 2,500 persons found a job and 729 persons were included in other active employment measures. The Committee notes the Government’s indication that the annual Operational Plans for 2018, 2019 and 2020 call for at least 30 per cent of those included in the active employment programmes and measures to be young people up to the age of 29, but that this proportion was exceeded, with more than 50 per cent of included persons being young persons up to the age of 29. The Committee requests the Government to continue to provide updated detailed information, including statistical data disaggregated by age and sex, on the nature and impact of the measures implemented by the ESARNM on young persons’ access to decent work and lasting employment. In addition, the Government is requested to provide information on the impact of the COVID-19 pandemic on employment opportunities for young persons and the measures taken or envisaged to mitigate the consequences of the crisis on youth employment.
Article 9. Status and training of employment service staff. The Government indicates that 417 employment service staff positions were filled in 2019 and 407 in 2020. The Government adds that the ESARNM continuously contributes to the development, strengthening and promotion of its human resources, their skills and competencies by adopting and pursuing an individual professional development plan. In 2020, two specialized trainings were organized for ESARNM staff: a “Training for counselling employers,” attended by 50 staff and a “Youth Guarantee Training”, in which 30 staff participated. Furthermore, 47 persons completed the Gender equality virtual training. The Committee notes that due to the COVID-19 crisis, planned professional development activities and trainings did not take place during the first half of 2020. The Committee requests the Government to continue to provide information on the status and working conditions of staff of the Employment Service Agency of the Republic of North Macedonia (ESARNM), as well as on the measures taken to ensure adequate skills development, training and promotion of employment services staff.
Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that, according to section 59-b of the Employment Insurance Act, private employment agencies enjoy equality of treatment with the ESARNM in terms of employment mediation services and access to the register of unemployed persons. Moreover, the 2018 Act on Private Employment Agencies regulates the conditions and procedures for the establishment and operation of private employment agencies. Section 4 of the Act provides that the ESARNM and private employment agencies should exchange information on job openings and on the assignment of unemployed persons for employment. On this basis, the ESARNM has already concluded several memoranda of understanding with private employment agencies to regulate procedures for data exchange. The Committee requests the Government to continue to provide detailed information on the measures taken to promote and maintain effective cooperation and coordination between the ESARNM and private employment agencies, as contemplated under Article 11 of the Convention.

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The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee therefore examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Application of the Convention. Part V of the report form.  In its previous comments, the Committee requested the Government to provide a detailed report with full particulars on each of the provisions of the Convention, to enable it to assess the extent to which the provisions of the Convention are applied in law and practice, and to transmit copies of any relevant bidding documents adopted in accordance with the public procurement legislation in force. The Committee notes the Government’s indication in its supplementary report that the new Public Procurement Act (No. 24/2019), which came into force on 1 April 2019, does not contain any explicit provisions requiring the insertion of labour clauses in public contracts, as the Act is mainly procedural and does not regulate the content of public procurement contracts. The Government indicates that section 3 of Act No. 24/2019 confirms that the Convention is directly applied as part of the legal order in North Macedonia. Moreover, section 3(2) requires the contracting authority to comply with the environmental, social policy and labour protection obligations that arise during the implementation of public contracts from national legal regulations, collective agreements and ratified Conventions. It adds that section 110 (4) of the Act addresses the issue of labour protection, requiring a bid to be rejected by the contracting authority if it determines that the amount of the bid is unusually low because it does not fulfil the relevant obligations, including obligations under ratified Conventions. The Government further indicates that it is for the provisions of Article 2 of the Convention to be incorporated into the tender documentation models and public procurement contract models drawn up by the Public Procurement Bureau. Indeed, section 45 of the Act provides that one of the competencies of the Bureau is to prepare tender documentation and forms for the public procurement procedures regulated under the Act, whereas section 81 of the Act sets out the mandatory provisions that must be contained in the public procurement contract. The Bureau may therefore incorporate the obligations from the Convention in the models of tender documentation as mandatory elements of such contracts. The Committee notes that the Government provides no specific information regarding the manner in which effect is given to the provisions of the Convention. The Committee therefore requests the Government to provide examples of public procurement models and forms drawn up by the Public Procurement Bureau that incorporate the specific provisions of Article 2 of the Convention. The Government is also requested to provide a copy of the Public Procurement Act, as amended.
Articles 1 and 2. Insertion of labour clauses. Information to tenderers.  The Committee recalls that the Convention requires the insertion of labour clauses of the type prescribed by Article 2(1) in the public contracts to which it applies, namely where: one of the parties is a public authority; the execution of the contract involves both the expenditure of funds by the public authority and the employment of workers by the other party; and the contract is one for public works, materials, supplies or equipment, or the provision of services (Article 1(a)–(d)). In paragraph 45 of its 2008 General Survey on labour clauses in public contracts, the Committee pointed out that “the mere fact of the national legislation being applicable to all workers does not release the State which has ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention”. In addition, ratifying States are under the obligation to take measures to ensure that the Convention applies not only to work undertaken by contractors, but also to work undertaken under the public contract by subcontractors or assignees (Article 1(3)). The labour clauses required by the Convention – which should be established by the competent authority in consultation with the social partners – must ensure that the workers concerned receive wages (including allowances), hours of work and other conditions of labour that are not less favourable than those established for work of the same character in the trade or industry concerned [and which apply] in the district where the work is being performed (Article 2(1) of the Convention). As the Committee observed in paragraph 45 of its 2008 General Survey, “the essential purpose of the Convention is to ensure that workers employed under public contracts enjoy the same conditions as workers whose conditions of employment are fixed not only by national legislation, but also by collective agreements or arbitration awards, given that in many cases the provisions of the national legislation governing wages, hours of work and other conditions of employment merely constitute minimum standards, whereas wages and conditions of work may be more favourable under a collective agreement or arbitration award”. Where more favourable conditions have been established, these should generally be applied.  The Committee once again requests the Government to indicate the manner and extent to which effect is given to Articles 1 and 2 of the Convention. It also reiterates its request that the Government transmit copies of any relevant bidding documents that may have been adopted in accordance with the 2019 Public Procurement Act. The Committee recalls that the Government may wish to avail itself of the technical assistance of the International Labour Office with a view to bringing its legislation and practice into full conformity with the provisions of the Convention.
Articles 2(4) and 4(a)(i)–(iii) of the Convention. Notice requirements.  The Convention requires that ratifying States take measures to ensure that persons (including legal persons) tendering for contracts are aware of the terms of the labour clauses (Article 4 of the Convention). The purpose of this provision is to ensure that the requirements for labour clauses are respected, as well as to ensure that the resulting costs are properly understood by the tenderers and are factored into the bid. Therefore, once the labour clauses have been properly inserted into the public contract, the contracting authority must ensure that tenderers are made aware of the contents of the clauses, for example by issuing a letter of invitation, publication in official platforms or forums, or through other means (2008 General Survey at paragraphs 44 and 125–126). In addition, Article 4(a) of the Convention requires that ratifying States take measures to require the posting of notices in conspicuous places at the establishments and workplaces concerned, to ensure that workers employed (by either contractors, subcontractors or assignees) are made aware of their conditions of work under the labour clauses.  The Committee requests the Government to provide precise information on the manner in which tenderers, as well as the workers employed under the public contracts to which the Convention applies, are made aware of the terms of the labour clauses. It further requests that the Government indicate how it is ensured that information concerning the applicable laws and regulations is brought to the notice of all persons concerned and the manner in which the persons responsible for compliance with this obligation are defined.
Article 4(b) of the Convention. Adequate system of inspection. Maintenance of records.  The Convention requires the ratifying State to provide for an adequate system of inspection to ensure effective enforcement, including requiring that adequate records be maintained of time worked by and wages paid to the workers concerned. The Committee notes the Government’s statement that “the inspection is supervised and enforced by the State Labour Inspectorate, through a network of labour inspectors”.  The Committee requests the Government to provide precise, detailed information on the organization and activities of the inspection monitoring mechanisms and services with regard to public procurement. In particular, the Committee would appreciate receiving extracts of reports by the inspection services and information on the number of public contracts issued and any other particulars relevant to the practical application of this provision of the Convention.
Article 5 of the Convention. Effective sanctions.  The Convention calls for the application of effective sanctions, such as the withholding of contracts for failure to observe and apply the provisions of labour clauses in public contracts. It also requires appropriate measures to be taken, such as the withholding of payments under the contract with a view to enabling the workers concerned to recover unpaid wages to which they are entitled.  The Committee requests the Government to provide detailed and precise information on the activities of the inspection authorities with regard to public procurement, including the number and type of contraventions detected and the sanctions imposed.

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North Macedonia (ratification: 1991)
The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In follow up to its previous comments in this regard, the Committee notes the Government’s confirmation in its report that the process of amending section 108(1) of the Law on Labour Relations that requires “equal pay for equal work with equal job requirements” to give full effect of the principle of “equal remuneration for work of equal value” is still ongoing as it is a part of a broad consultation process involving the social partners, the NGO sector, judges, and the scientific community. The Committee requests the Government to provide information on any progress achieved in the adoption of amendments to the law implementing the principle of the Convention. Please provide a copy of the new Law on Labour Relations once adopted.
Occupational gender segregation and gender remuneration gap. In its previous comments, the Committee requested the Government to adopt measures to facilitate the access of women to the labour market and to address the gender remuneration gap. The Committee takes note of the Government’s indication that a series of measures have been adopted in this regard, including: the modification of the Election Code to introduce gender quotas, and the adoption of financial programs to support micro and small enterprises in opening new positions that have benefited to women workers (between 2013 and 2016, 58 per cent of beneficiaries were women). The Committee also notes the detailed information provided on the activities of the Commission for Equal Opportunities for Women and Men, responsible for monitoring the implementation of measures on gender equality. The Committee notes that the Government indicates that despite some positive progresses, significant gender differences in the labour market remain, as stereotypes of “male” and “female” roles in society persist. The Government indicates that in 2017, the adjusted salary gap between men and women was around 17 per cent. The Committee further observes that based on the statistics published by the State Statistical Office, in the fourth semester of 2019, the employment rate of men between 15 and 64 years old was 64.9 per cent while for women in the same age range, it was 46.1 per cent. With a view to reducing inequalities in remuneration that exist between men and women in the labour market, the Committee requests the Government to continue its efforts: (i) to facilitate the access of women to the labour market; and (ii) to improve their access to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented. The Committee requests the Government to provide information regarding any actions taken s in this regard.
Article 3. Objective job evaluation. Previously, the Committee requested the Government to promote the establishment of objective job evaluation methods. The Committee notes that the Government does not provide information on this matter in its report. It recalls that objective job evaluations are formal procedures that assist in giving effect to the principle of the Convention. Determining if two jobs that differ in content are nonetheless equal in value requires some method to compare them. These procedures involve: 1) analysing the content of different jobs (based on objective factors such as such as skills/qualifications, effort, responsibilities and working conditions); 2) giving to each job a numerical value used for comparison; and 3) determining whether their corresponding pay is just and free from gender bias (for example, the undervaluation of jobs typically performed by women) The Committee requests the Government to indicate whether such formal procedures are in place (for instance at the level of the enterprises, at the sectoral level when fixing salary scales, etc.).
Article 4. Cooperation with employers and workers’ organizations. Noting that the Government does not provide information in this regard, the Committee requests the Government to provide details on its cooperation with the social partners to ensure real progress in the achievement of the Convention’s objective of equal remuneration for men and women for work of equal value.
Application in practice Previously the Committee requested the Government to communicate on the application in practice of the principle enshrined in the Convention. It notes the information provided on the supervision of the payment of the minimum wage. The Committee requests the Government to provide information on any awareness raising activities on the application in practice of the principle of equal remuneration for men and women for work of equal value, in particular those undertaken by the public authorities.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Legislative developments. The Committee takes note of the Government’s indication in its supplementary information that a Proposal-law on Amendments to the Law on Prevention and Protection against Discrimination, will be adopted in a shortened procedure and will be put on the agenda in the Assembly of Republic of North Macedonia to replace the Law on Prevention and Protection against discrimination (LPPD) adopted in 2019 – without the required majority in the Assembly. It notes that the Proposal-law regulates the prevention and prohibition of discrimination, the forms and types of discrimination, the procedures for protection against discrimination as well as the composition and work of the Commission for Prevention and Protection against Discrimination. The Committee asks the Government to keep the Office informed on developments and to provide a copy of the law once adopted.
Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In follow up to its previous comments, the Committee notes that “sexual harassment” is defined and prohibited under section 9(4) of the Law on Labour Relations, section 4(7) of the Law on equal opportunities for men and women of 2012, and section 5(2) of the Law on protection against harassment at work of 2013. It asks the Government to provide information on the application of these provisions in practice, including information on: (i) the measures adopted by the labour inspectorate to prevent and address sexual harassment; (ii) the number of complaints filed and of cases detected; and (iii) the remedies available, and the sanctions imposed.
Article 1(3). Employment and occupation. Further to its previous request regarding the scope of application of the LPPD, the Committee notes the Government’s indication that the draft law only regulates the prevention and protection against discrimination but does not regulate the conditions of employment and access to professional training that are matters covered by the Law on labour relations. In this regard, the Committee takes note of sections 6 and 7 of the Law on labour relations that prohibit discrimination in relation with access to employment, promotion at work, access to vocational trainings, working conditions and rights arising out of employment, the termination of employment, and the rights and privileges arising from the membership in employers or workers’ organizations.
Article 2. National equality policy. Discrimination based on sex. In its previous comment, the Committee asked the Government to provide information on the results of the measures adopted to implement the National Action Plan for gender equality. The Committee notes the Government’s indication in its national report on the application of the Beijing Declaration and Platform of Action, 1995 (Beijing+25) that its efforts to advance gender equality are visible through the formulation by the Ministry of Economy of a Strategy for Women entrepreneurship development and its Action Plan, for the period 2019–2023, and in particular its attempts to increase subsidy of enterprises owned and managed by women. Moreover, the Committee notes that the Ministry of Labour and Social Policy, in cooperation with the “Subversive Front “(a community-engaged organization that aims to promote justice, freedom and equality for the members of the sexual and gender minorities in North Macedonia through the principles of accountability, solidarity and inclusivity), and with the support of the Ministry of Foreign Affairs of Norway, conducted training on non-discrimination for public officials and civil servants. According to the Government, this training addressed topics such as: presentation of the new Law on Prevention and Protection against Discrimination, how to identify discriminatory behaviours, unconscious discrimination, hate speech versus freedom of speech, etc. In this regard, the Committee notes that in 2019: 17 training sessions were conducted which were attended by some 325 public officials and civil servants. While welcoming all these initiatives, the Committee asks the Government to provide information on the impact on gender equality in employment and occupation of the measures adopted to implement the National Action Plan for gender equality 2018–2020, the Strategy for Women entrepreneurship development (and its Action Plan 2019–2023), and on any other measures taken to implement the principles enshrined in the Convention (such as for example updated data on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors).
National policy. Discrimination based on race, colour, and national extraction. In its previous comment, the Committee requested the Government to continue its efforts to create equal opportunity and treatment at work and in education and training for minorities and to provide statistical data on the participation of Albanian, Roma and Turkish minorities in the labour market. The Committee takes note of the information provided by the Government on the number of workers from the Roma community that have benefited from the different employment programmes aimed at facilitating access to the labour market. The Committee also takes note of the data provided on representation of minority groups in the public sector for 2016–2019 (in 2019: 73.93 per cent were Macedonians; 20.41 per cent were Albanians; 2.07 per cent were Turks; 0.93 per cent were Serbs; 1.21 per cent were Roma; 0.43 per cent were Bosnians; 0.38 per cent were Vlachs, and 0.64 per cent were from others or unspecified groups). The Committee requests the Government to provide up-to-date statistical information on the participation of workers from minority groups in the labour market in the private sector.
General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.
Enforcement. In the absence of information on this point, the Committee again asks the Government to provide detailed information on the application of the Convention in practice, such as for example, the number of cases of discrimination in employment and occupation dealt with by the Commission for Protection against Discrimination, the labour inspectorate, and the courts, and on the follow up to these cases.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
COVID-19 pandemic. Socioeconomic impacts. Response and recovery measures. The Committee notes the serious social and economic impact of the COVID-19 pandemic at the national and local levels as well as the measures taken by the Government to mitigate it. In this context, the Committee notes from the ILO monitor on country policy responses, the set of measures adopted by the Government to support enterprises, jobs and incomes, such as providing unemployment benefits for citizens who have lost their jobs due to the crisis (amounting to 50 per cent of the employee's average salary, and up to 80 per cent of the average salary in the country), financial support to the private sector (USD260 per employee for April and May, or alternative, subsidizing 50 per cent of the mandatory social contributions) and loans to micro, small and medium size enterprises (MSMEs) through the Development Bank of North Macedonia. The Committee recalls the comprehensive guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic and the measures taken to address it in the context of the implementation of the programs and measures aimed at ensuring the objectives of the Convention.
Articles 1 and 3 of the Convention. Implementation of an active employment policy. Consultation with the social partners. The Committee notes with interest the range of measures undertaken by the Government with a view to attaining the objectives of the Convention. In this regard, the Committee notes the adoption in March 2019 of the Decent Work Country Programme for North Macedonia 2019–22 (DWCP). The DWCP was prepared in consultation with the social partners with the aim of addressing, among other issues, insufficient employment opportunities, inadequate earnings and unproductive work, lack of stability and security at work, and unequal opportunities and treatment in employment. The Committee further notes the launch in August 2017 of the Employment and Social Reform Programme 2020 (ESPR 2020), following consultations with a large number of relevant stakeholders, including the social partners. The impact of the measures taken under the ESPR is regularly monitored and evaluated in order to adapt them to the specific needs of the different target groups identified. In this regard, the ESPR 2022 was adopted in December 2019 following approval by the tripartite Economic Social Council (ESC). It revises the ESPR 2020 and extends the duration of the Programme until 2022. The Government indicates that the ESPR programme was adopted within the framework of a joint initiative between the European Commission and the Government as a candidate country for EU membership. Its objectives include, inter alia, promoting economic development and job creation; tackling unemployment among persons in vulnerable situations (young persons, the long-term unemployed, persons with disabilities and economically inactive persons), reducing the size of the informal economy and the extend of informal employment, strengthening the public employment service, and promoting social dialogue and collective bargaining. Furthermore, the Government refers in the ESPR 2020 to the implementation of the National Employment Strategy of the Republic of North Macedonia 2016–20, which sets out the main mid-term challenges in the labour market and sets strategic goals and objectives to be attained during this period. The Strategy’s principal goal is to promote employment, job quality and productivity, and places a special focus on groups in vulnerable situations. In this framework, annual Operational Plans for Active Employment Programs and Measures are adopted and implemented by the Employment Agency of the Republic of North Macedonia (EARM) in collaboration with the relevant institutions from the labour market. The Government indicates that the Operational Plan includes employment programs, measures and services that seek to ensure direct employment and increase the employability of the unemployed. The Committee also notes the statistical information provided by the Government concerning the number of participants in the different active employment measures between 2018 and 2019. The Committee notes from the ESPR 2022 that motivational training is regularly organized for unemployed people, with preference given to young persons, those with lower skills and the long-term unemployed. In addition, specific active labour market measures tailored to the needs of these groups are supported, also through assistance from the EU. The ESPR 2022 notes, however, that North Macedonia is not spending much on active labour market programmes for the unemployed, compared to other EU countries, noting that in 2017 the expenditure on labour market programmes represented only 0.16 per cent of the Gross Domestic Product (GDP). With regard to employment trends, the Committee notes that, according to ILOSTAT, in 2019, before the outbreak of the COVID-19 pandemic, the overall labour force participation rate stood at 55.5 per cent, the employment rate was 45.9 per cent, and the unemployment rate was 17.3 per cent. The Committee requests the Government to continue to provide up-to-date, detailed information on the results of the measures implemented in the framework of the Decent Work Country Programme for North Macedonia 2019–22, the Employment and Social Reform Programme 2022, the National Employment Strategy of the Republic of North Macedonia 2016–20, and the Operational Plans for Active Employment Programs and Measures. In particular, the Committee requests the Government to provide information on the manner and extent to which the measures implemented have enabled the beneficiaries to obtain full, productive and sustainable employment. It also requests the Government to provide updated statistical information on trends in the labour market, especially in relation to the economically active population, employment and unemployment, disaggregated by sex and age. The Committee further requests the Government to continue to provide detailed information on the manner in which it has ensured that the social partners participate in the design, implementation and evaluation of the employment policies.
Education and training. The Committee notes that the ESPR includes the attainment of objectives related to education and training, particularly for the target groups identified in the ESPR, including ensuring fully inclusive education and equal access to education for all, implementing the National Qualification Framework (NQF) for lifelong learning, strengthening the employability of the workforce and building learning pathways in the context of lifelong learning. In respect of lifelong learning, the ESPR provides for measures to further develop vocational education and training as well as adult education; to promote various forms of lifelong learning and strengthen entrepreneurial culture; and to ensure active consultation and the inclusion of local governments and social partners within these processes. Moreover, according to the ESPR 2020, a Comprehensive Education Strategy and Action Plan for the period up to 2020 was developed through a consultative process involving the participation of a large number of relevant stakeholders. The Strategy establishes the priorities and pathways of action toward ensuring a comprehensive and inclusive education with modern and up-to-date programs that will enable future generations to acquire knowledge, skills and competences that are competitive and adapted to the actual needs of the labour market. The ESPR 2022 also envisages the establishment of a Skills Observatory, which is intended to map and update graduates’ competencies and labour market needs, but notes that while progress has been made in establishing sectoral qualifications councils as well as the qualifications register, the Skills Observatory has not yet been established. The Committee requests the Government to provide information on the impact of the measures taken in the area of education and training, including those adopted in the framework of the Comprehensive Education Strategy and its Action Plan, and on their relation to prospective employment opportunities. It also requests the Government to provide information on progress made in the establishment and functioning of the Skills Observatory.
The informal economy. The Committee observes that, according to the cited 2018 European Commission staff working document, employment in the informal economy is declining, but remains high. The report indicates that, according to the National Statistical Office, some 18 per cent of total employment in 2016 was located in the informal economy. Informal work is distributed unevenly among population groups, with a particularly high proportion of young workers, women and long-term unemployed persons. The ESPR 2022 refers to the Strategy on Formalization of the Informal Economy 2018-2022, whose objective is to create a comprehensive and consistent system to efficiently reduce the number of informally employed, unregistered business entities and informal activities. The ESPR 2022 states that tackling the informal economy remains a priority for North Macedonia for long-term improvement of the labour market. It provides for, among other measures, the promotion of processes and mechanisms for measurement, monitoring and detection of the informal economy and providing incentives and support for formalization of informal economic activities. It sets the target of reducing the share of the informal employment to 15.9 per cent by 2022. The Committee requests the Government to continue to provide detailed up-to-date information on the nature and impact of measures taken to integrate informal economy workers into the formal labour market, particularly young workers, women and the long-term unemployed.
Women. In reply to the Committee’s previous comments, the Government indicates that the annual Operational Plans for Active Employment Programs and Measures ensure the equal participation of men and women in these activities. The Government reports that the participation of women in these activities increased to 53.82 per cent between 2015 and 2017. However, the Committee observes that, according to ILOSTAT, in 2019 the labour participation rate of women stood at 44.9 per cent, their employment rate was 36.7 per cent, and their unemployment rate was 18.4 per cent. In addition, the Committee notes that, in its concluding observations of 14 November 2018, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the significant gender pay gap in the country, noting its prevalence in sectors such as the garment industry, where women make up 81 per cent of workers, the low rate of participation of women in the labour market, and the overrepresentation of women in unpaid care work as well as in the informal economy (document CEDAW/C/MKD/CO/6, paragraph 35, subparagraphs (a) and (b)). Against this background, the Committee notes that the ESPR 2022 contemplates a set of measures to promote the integration of women in the labour market and reduce the gender gap, such as the implementation of the Strategy for Development of Women‘s Entrepreneurship in the Republic of North Macedonia (2019-23), which aims to create an enabling business climate and providing support for the development of women’s entrepreneurial potential. The Committee requests the Government to provide updated detailed information on the nature and impact of measures adopted or envisaged to promote the participation of women in the labour market, including statistical data disaggregated by sex and age.
Young persons. The Committee observes that, according to ILOSTAT, the overall youth labour force participation rate in 2017 was 32.8 per cent (41.7 per cent among young men and 23.4 per cent among young women). The overall unemployment rate was 46.7 per cent (45.8 per cent for young men compared to 48.6 per cent for young women), while the share of youth not in employment, education or training (NEET) was 24.9 per cent (23.9 per cent for men and 25.9 per cent for women). The Committee notes from the 2017 European Commission report on “Youth policies in the Former Yugoslav Republic of Macedonia”, that the low economic participation rates of youth are due to: (i) shrinking employment opportunities and difficulties associated with the school-to-work transition; (ii) the unwillingness of employers to bear the costs of on-the-job training for youth lacking job experience, as the pool of experienced jobseekers is large; and (iii) skills mismatches between the needs of employers and the skills young persons obtain through the education system. The Government refers in the ESPR 2020 to the implementation of the Action Plan on Youth Employment 2016–20, whose objective is to promote more and better jobs for young men and women by improving skills matching; promoting job creation led by the private sector and facilitating the transition of young people into the world of work. The Government also notes that over qualification among young people has become a major barrier preventing young people from finding suitable job positions in North Macedonia. As a result, a number of young people have to leave the country to realize their professional ambitions. The Committee welcomes the information provided by the Government concerning the implementation of employment measures for young persons in the framework of the annual Operational Plans for Active Employment Programs and Measures, and their impact. According to the ESPR 2022, in 2018, young people up to the age of 29 years made up 65 per cent of the participants in active labour market employment programmes and measures, up from 36 per cent in 2017. Finally, the Committee refers to its 2020 comments on the application of the Human Resources Development Convention, 1975 (No. 142), in which it notes the implementation of the Youth Guarantee, which is aimed at ensuring that all young people under the age of 25 years receive a quality offer of employment, continued education, apprenticeship or traineeship within a period of four months of becoming unemployed or leaving formal education. The Committee requests the Government to continue to provide updated information on the measures envisaged or taken with a view to assisting young persons in finding, advancing and retaining lasting employment, particularly with regard to increasing employment opportunities for young people, and on the impact of these measures, including disaggregated statistical data by sex.
Persons with disabilities. The Committee notes that, according to the ESPR 2020, the measures and programs included in the annual active labour market programs seek to promote the access of persons with disabilities to the labour market and increase their employability. In particular, the ESPR 2020 provides for the establishment of a centre for rehabilitation and work qualification within the institute of rehabilitation of children and youth (Skopje) and measures to promote the access of persons with disabilities to all levels of education. According to the ESPR 2022, there has been progress in terms of employment of persons with disabilities, mostly through the Programme for self-employment of persons with disabilities. The ESPR 2022 sets a target of improving or maintaining 60 per cent of registered employment of persons with disabilities in the open labour market, as compared with the proportion of sheltered employment. Nevertheless, the Committee notes that, in its concluding observations of 29 October 2018, the Committee on the Rights of Persons with Disabilities (CRPD) expressed concerns with regard to: (a) discrimination against and inequalities in employment and working conditions for persons with disabilities, particularly women, notably in several provisions of the Law on Civil Servants; (b) the fact that the Law on Labour Relations does not specifically require employers to provide reasonable accommodation to persons with disabilities; (c) the fact that persons with disabilities and public and private employers are not fully aware of the rights of and opportunities for employment in the open labour market (document CRPD/C/MKD/CO/1, paragraph 45). The Committee requests the Government to provide detailed and updated information on the measures taken or envisaged to promote employment opportunities for persons with disabilities, especially women, in the open labour market, including measures to raise public awareness of the rights and capacities of persons with disabilities, and on the impact of these measures.
Older workers. In reply to the Committee’s previous comments, the Government reports that it is implementing measures to promote the participation of persons aged 50 to 64 years in the labour market. It adds that older workers represent 8 per cent of the participants in active employment measures and programs, and 24 per cent of the participants in the project “Macedonia Employs 1 and 2”. The Committee requests the Government to provide detailed updated information on the nature and the impact of the different measures taken to facilitate the integration of older workers into the labour market.
The Roma minority. The Committee notes that, according to the ESPR 2022, the employment rate among the Roma minority is 23 per cent (almost twice lower than the national average) and the unemployment rate is as high as 67 per cent. The employment rate for Roma women is 8 per cent. In addition, the Roma community faces a high rate of informal employment (on average 25 per cent are working informally). In this context, the ESPR 2020 provides for the implementation of measures to improve employment opportunities and reduce unemployment for persons belonging to the Roma community. These objectives are to be reached through increasing the participation of Roma in different active employment programs and measures, raising their education level as well as their participation and inclusion at all levels of education. The Committee notes that the ESPR 2022 extends the implementation of the abovementioned measures. It sets a target for 2022 of the successful inclusion of at least 325 Roma in active employment measures, reaching 10,000 Roma with services; and reducing the rate of registered unemployed in the Roma community to 8.7 per cent. The Committee requests the Government to continue to provide updated and detailed information on the nature and impact of measures taken to increase full, productive and freely chosen employment of members of the Roma community, including statistical data, disaggregated by age and sex.
Small and medium-sized enterprises (SMEs). In its previous comments, the Committee requested the Government to provide information on the impact of the Programme for Self-Employment and other measures taken to support the establishment of SMEs in terms of employment generation. The Government reports that, in 2019 1,309 persons participated in the Programme for Self-Employment. The Committee notes that the ESPR provides for adoption of measures to support and improve competitiveness and entrepreneurship in the SMEs sector. In addition, the Government refers to the adoption of measures to support SMEs in the framework of the Strategy for Development of SMEs 2018-23 and its accompanying Action Plan, such as establishing a coordination body for monitoring the implementation of the Strategy and initiating the drafting of a new law on SMEs. The Committee requests the Government to provide updated detailed information on the impact of the Strategy for Development of Small and Medium-size Enterprises and its accompanying Action Plan. In particular, it requests the Government to provide statistical information on the number and type of enterprises established and the number of jobs created by such enterprises. The Committee also requests the Government to provide information on the status of the draft law on SMEs, and to provide a copy once it is adopted.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceed with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Articles 2–5 of the Convention. Formulation and implementation of a policy designed to promote the granting of paid educational leave. In reply to its previous comments, the Committee notes the Government’s indication that the policy to promote the granting of paid education leave is expressed in section 154 of the Labour Law of North Macedonia (the Labour Law), which provides for the right and duty of workers to pursue continuing education and training. In accordance with this provision, the employer is required to provide for such education and training if it is required by the work process, or if the education and training may prevent termination of the employment contract for personal or economic reasons. In addition, the Committee notes that section 154(4) of the Labour Law provides that workers and their representatives are entitled to paid educational leave for purposes of trade union education if such is provided for by collective agreement. Section 155 of the Labour Law further provides that workers who pursue education, further education and qualification for the needs of the working process or due to personal interest are entitled to paid educational leave for purposes of taking exams. The Committee notes that section 28 of the General Collective Agreement for the private sector provides that a worker is entitled to paid educational leave for purposes of further education, professional development, obtaining additional qualifications and trade union education. Pursuant to section 60 of the Agreement, the employer is required to provide the trade union representative with paid leave for the purpose of trade union education and training. The Committee further notes that sections 19 and 40 of the General Collective Agreement for the public sector provide for the right of workers to paid leave for purposes of continuous and further education, acquiring additional qualifications, and trade union education and training. The Government indicates that the General Collective Agreements for the public and private sectors do not require any particular condition to be satisfied by workers for them to acquire the right to paid educational leave. In this regard, the Committee recalls that, according to the Convention, workers should remain free to decide in which education or training programmes they wish to participate. Moreover, the needs of undertakings is only one of the elements to be considered in determining eligibility for paid educational leave (Paid Educational Leave Recommendation, 1974 (No. 148), Paragraphs 14 and 17). In its supplementary report, the Government refers to the adoption of the Adult Education Strategy 2019–23, which includes measures to improve adult education, including introducing incentives to encourage investments in funds for the education and training of adults, both for employers and individuals, as well as tax incentives for verified implementers of adult education training. The Government does not provide information regarding the manner in which the paid educational leave policy is coordinated with general policies on employment, education and training. The Committee therefore reiterates its request that the Government provide information regarding the manner in which the paid educational leave policy is coordinated with general policies on employment, education and training, and hours of work, as required under Article 4 of the Convention. Noting that the Government has adopted a Strategy for Education 2018–25, the Committee requests the Government to provide a copy of the Strategy and provide information on the content and outcomes of measures taken under the Strategy relevant to matters covered under the Convention.
Article 6. Participation of the social partners. The Committee notes the Government’s indication in its supplementary report that the social partners are consulted on workers’ rights matters within the tripartite Economic and Social Council. Noting that the Government does not provide specific information on the manner in which the social partners participate in the formulation and implementation of a policy for the promotion of paid educational leave, the Committee reiterates its request in this regard.
Part V of the report form. The Committee notes the statistical information, disaggregated by economic activity, sex and age, provided by the Government with regard to the number of persons that attended formal and informal education. The Government indicates that, according to the Adult Education Survey carried out by the State Statistical Office, in 2016, 87.6 per cent of all employees attended non-formal education, while 56.6 per cent attended formal education. The Committee notes the Government’s indication that participation in non-formal education related to work is highest among people aged 25 to 34 (37.3 per cent). The Committee requests the Government to continue to provide detailed updated statistical information on the manner in which the Convention is applied in practice, including, for example, extracts from reports, studies and inquiries, and disaggregated statistics on the number of workers who benefited from paid educational leave during the reporting period.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Articles 1 and 5 of the Convention. Formulation and implementation of education and training policies. Participation of the social partners. In reply to the Committee’s previous comments, the Government indicates that the general framework of employment measures and programmes is defined by, inter alia, the Employment and Social Policy Reform Programme (ESPR) and the National Employment Strategy of the Republic of Macedonia 2016–20. The Committee notes that such programmes envisage the implementation, in collaboration with the social partners, of measures in the field of vocational education and training to improve the employability of the workforce. For instance, the ESPR and its revised version (ESPR 2022) envisage measures aimed at further developing vocational education and training and adult education, as well as promoting various forms of lifelong learning and entrepreneurial culture. The Committee further notes, in its comments under Convention No. 122, that the Government refers in the ESPR report to the adoption of the Comprehensive Education Strategy 2020 and its Action Plan, which establish the priorities and pathways of action to be taken to ensure provision of a comprehensive and inclusive education that will impart knowledge, skills and competences adjusted to the needs of the labour market. Moreover, the Committee notes that the Government reports on the implementation of the Operational Plan for Active Employment Programmes and Measures for 2018 by the Employment Service Agency of the Republic of North Macedonia (ESARNM), which includes programmes, measures and services that aim to enhance employability, especially with respect to unemployed young persons under the age of 29, by improving their skills and qualifications. The Government also reports on the Social Partnership Protocol in the area of vocational education and training adopted in 2010, which provides the basis for long-term cooperation with the social partners in the field of vocational education and training. The Government adds that, within the framework of the Protocol, the social partners work together, inform and provide support to vocational education and training development. The Committee requests the Government to continue to provide updated detailed information on the policies and programmes adopted and implemented in relation to education and vocational training, and on their contribution to attaining the objectives of the Convention. The Committee further requests the Government to continue to provide specific information on the involvement of employers’ and workers’ organizations in the development and implementation of these policies and programmes.
Article 1(5). Coverage of specific categories of persons. In its previous comments, the Committee requested the Government to provide information on the results of the measures aimed at increasing the participation in education and training programmes of women, young persons and persons belonging to disadvantaged groups. The Committee notes the information provided by the Government on vocational guidance and vocational training measures targeting disadvantaged groups, including young persons and those belonging to the Roma community. In this respect, the Committee notes the information provided by the Government in relation to a Youth Guarantee (YG) pilot programme being implemented in three employment centres (Gostivar, Strumica and Skopje). The pilot programme seeks to provide young persons aged between 15 and 29 with an offer of employment, continuous education, training or an internship within a period of four months from registration. The Committee notes from the ESPR 2022, that the second phase of the YG will be implemented throughout the country during the period 2020–22. According to the ESPR 2022, in 2018, 5,266 young persons participated in the YG (2,694 women), of whom 1,916 were employed, while 281 were included in an active employment measure to increase their employability. In addition, the Government refers to the implementation with technical assistance from the ILO of the project “Solutions for youth employment through social dialogue”. In the framework of the project, workshops and trainings on young people’s rights at the workplace were organized for trainers, young trade unionists and members of youth organizations. The Government also refers to its programme on “support for activation of unemployed Roma people”, which includes, among other measures, provision of training, professional orientation and career guidance. With respect to women’s participation in vocational education and training programmes, the Government indicates that, pursuant to the Law on Equal Opportunities for Women and Men, women and men should participate equally in the training programmes and measures set out in the Operational Plans. Nevertheless, the Committee notes that, in its concluding observations of 14 November 2018, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern with regard to: (a) the high rate of girls who drop out of school, including primary school, particularly rural and Roma women and girls; and (b) the persistent barriers in access to education for girls belonging to ethnic minority groups, girls with disabilities and migrant and refugee girls (document CEDAW/C/MKD/CO/6, paragraph 33(a) and (b)). In this regard, the Committee recalls that Paragraph 5(g) and (h) of the Human Resources Development Recommendation, 2004 (No. 195), calls on Members to promote equal opportunities for women and men in education, training and lifelong learning; as well as access to education, training and lifelong learning for people with nationally identified special needs, such as youth, low-skilled people, people with disabilities, ethnic minority groups and the socially excluded. In addition, Paragraph 6(2) of Recommendation No. 195 provides that education and pre-employment training should include compulsory basic education incorporating basic knowledge, literacy and numeracy skills and the appropriate use of information and communication technology. The Committee therefore requests the Government to provide detailed information on the specific measures envisaged or adopted to promote equal opportunities for women and men in education, training and lifelong learning, including in compulsory basic education. It also requests the Government to continue to provide detailed up-to-date information on the measures aimed at increasing the participation in education, including compulsory basic education, and training programmes of young persons, persons belonging to the Roma community and those belonging to other disadvantaged groups. The Committee further requests the Government to provide detailed up-to-date information, including disaggregated statistical data on the impact of such measures.
Articles 2 and 3. Vocational guidance and training. In its previous comments, the Committee requested the Government to indicate whether vocational guidance services include information on general aspects of collective agreements, and on the rights and obligations of persons covered by the labour law. It further requested the Government to supply copies of the documentation made available to trainees for vocational guidance purposes. The Committee welcomes the detailed information provided by the Government with regard to the different training programmes included in the Operational Plans and their impact. In its response, the Government reports on the implementation of the following programmes aimed at improving the skills and qualifications of unemployed persons with a view to guaranteeing their successful integration – or re-integration – in the labour market: (i) “On-the-job training”, with the objective of enabling unemployed persons to acquire skills necessary for them to perform tasks that meet employers’ needs; (ii) training to obtain for vocational qualifications requested by employers; (iii) training required to engage in professions and crafts in diverse areas, such as energy efficiency, environmental protection and waste management; (iv) training to enable the unemployed to acquire needed skills as identified in their profiling and individual employment plans; and (v) internships, through which unemployed young persons up to the age of 34, who have completed a minimum secondary education, may acquire practical knowledge and skills necessary for performing the tasks attributed to a particular job position. Participants in the training programmes receive monthly compensation of 9,000 Macedonian denars for attending training (with the exception of training for skills acquisition, which provides for a different amount of compensation, depending on the number of participants). In addition, the Government indicates that the Employment Agency of the Republic of Macedonia (EARM) provides a diverse range of services, such as motivational training courses, professional orientation and career counselling, with the objective of increasing the competitiveness of the workforce and meeting the needs of the labour market. The EARM follows an individualised approach that is oriented to the specific needs of the unemployed person and the employer. The Committee notes, however, that the Government does not indicate whether vocational guidance services include information on general aspects of collective agreements, as well as on the rights and obligations of persons covered by the labour law, nor has the Government supplied copies of the documentation made available to trainees for vocational guidance purposes. The Government reports that, according to statistical data from the National Statistics Office, in 2016 the rate of participants in education and training was 12.7 per cent. It adds that 150,111 persons between the ages of 25 and 64 participated in education and lifelong learning (53.6 per cent men and 46.4 per cent women). The highest rate of participation was among persons 25 to 34 years of age (44.7 per cent), while the lowest was among persons aged 55 to 64 (9.4 per cent). The Committee requests the Government to continue providing detailed updated information on the measures undertaken with regard to vocational guidance and training linked with employment, particularly guidance and training provided by the public employment service, and the results thereof. The Committee also once again requests the Government to indicate whether vocational guidance services include information on general aspects of collective agreements, and on the rights and obligations of persons covered by the labour law. It also reiterates its request that the Government supply copies of the documentation made available to participants for vocational guidance purposes.
Article 4. Lifelong learning. In its previous comments, the Committee requested the Government to provide information on the impact of the measures adopted in relation to the development of lifelong learning and the establishment of an adult education system. The Government reports that, according to statistical data from the Adult Education Centre, approximately 4,376 persons attended trainings between 2012 and May 2020, of which 30 per cent were employed following the training. Moreover, the Government indicates that measures are being taken, in the framework of the Concept for Primary Adult Education, to harmonize the national legislation with a view to ensuring adults’ access to primary education. It refers to the adoption of the Adult Education Strategy 2019–23. With respect to informal education, the Government refers to the development of a Concept Paper on Non-Formal Adult Education and Informal Learning. It reports that, in 2016, 31.4 per cent of persons participating in education attended formal education courses, while 81.7 per cent attended informal education courses. In this context, the Committee notes that, according to the ESPR report, the development of a System for Validating Non-Formal Education and Informal Learning (VNFIL) was initiated in November 2015. In this respect, the Government reports that the Adult Education Centre has continued with planned activities to establish the VNFIL system in a piloting phase in Skopje. Finally, the Committee notes the Government’s indication that a new Draft Law on Adult Education is currently before the Parliament. The Committee requests the Government to continue to provide updated detailed information on the impact of the measures adopted to develop lifelong learning and establish a system of adult education. It also requests the Government to provide detailed information on the implementation of the Concept Paper on Non-Formal Adult Education and Informal Learning. In addition, the Committee requests the Government to provide information on progress made in the development of a System for Validating Non-Formal Education and Informal Learning. The Committee further requests the Government to provide information regarding the status of the new Draft Law on Adult Education, and to provide a copy once it is adopted.
COVID-19 pandemic. In the context of the COVID-19 global pandemic, the Committee recalls the broad guidance provided by international labour standards. In this regard, the Committee draws the Government’s attention to Paragraphs 18–20 of the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which constitute a guide for the adoption and implementation of measures in the area of education, training and lifelong learning that respond effectively to the profound socio-economic effects of the pandemic. The Committee invites the Government to provide in its next report up-to-date information on the impact of the COVID-19 global pandemic on the implementation of education, training and lifelong learning policies and programmes.

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Article 2(2) of the Convention. Exclusions. For a number of years, the Committee has been requesting the Government, in relation to the exception contained in section 95(2) of the Labour Relations Act, to provide information on whether the terms and conditions of employment of workers in public administration bodies provide them with protection that is at least equivalent to that afforded under the Convention. The Government has once again provided no response to the Committee’s previous comments in this regard. The Committee therefore reiterates its request that the Government provide information on whether the terms and conditions of employment of workers in public administration bodies provide them with protection that is at least equivalent to that afforded under the Convention.
Articles 4 and 11. Valid reasons for termination of employment. Period of notice. The Committee notes with interest that, in June 2018, amendments were introduced to the Labour Relations Act, which further define the procedure of termination due to the capacity or the conduct of the worker (“personal reasons of the employee”). Section 73 of the Law as amended requires that, prior to the termination of the employment contract due to the capacity or the conduct of the worker, an employer must provide the employee with a warning that his or her conduct or capacity to perform the job is such that the employee risks being dismissed. The Government adds that these amendments replaced the previous formulation, which was unclear and confusing, thereby facilitating the application of the provision. The Government further indicates that section 76(2) (as amended) establishes that the termination of employment due to reasons of an economic, organizational, technological, structural or similar nature by the employer (business reasons), should be based on, among other criteria, the need for more efficient work performance; the type and significance of the job; the length of service and other criteria outlined in a collective agreement. Section 76(2) further provides for certain protections for persons with disabilities, single parents and parents of children with special needs whose employment is terminated on the basis of their specific conditions. With regard to the termination of the employment contract at the initiative of the worker, the Government indicates that section 88 (as amended) establishes a minimum notice period of one month with a written warning. In addition, section 76(2) provides that it is not considered termination by the worker when any of the circumstances established in section 100 occur, such as failure of the employer to provide work for more than three months or to provide occupational safety for the worker after he/she requested it; non-payment of salary; or the employer is abusive and violent towards the worker. The Committee requests the Government to provide examples of the application of the abovementioned legislative amendments of 2019 regarding the valid reason for termination of employment due to the capacity or the conduct of the worker as well as the protections provided under section 76(2) of the Labour Relations Act, including copies of the leading judicial decisions.
Article 5. Invalid reasons for termination. For a number of years, the Government has been requested to provide information regarding the application of this provision of the Convention. The Committee notes that the Government has once again provided no response in this regard. The Committee therefore reiterates its request that the Government provide updated detailed information regarding the application of this provision of the Convention, including examples of judicial decisions examining the reasons for termination.
Article 7. Procedure prior to or at the time of termination. The Committee notes that section 80 (as amended) sets out that the employer, prior to the termination, should has provided the necessary working conditions and has given the worker appropriate instructions and a written warning. Furthermore, the employee must be provided with the opportunity to rectify the problem in a reasonable period of time of no less than 15 days after the day of receipt of the warning as defined in a collective agreement. The Committee notes, however, that the provision does not include the opportunity of the worker to defend themselves against the allegations made prior to termination. The Committee requests the Government to provide information on the application of the abovementioned legislative amendments of 2019 with regard to procedure prior to or at the time of termination. It further requests the Government to indicate the manner in which it is ensured the workers’ opportunity to defend themselves against the allegations made prior to termination.
Articles 13 and 14. Termination of employment for economic, technological, structural or similar reasons. The Committee notes the Government’s indication that section 96(3) (as amended) stipulates that “if the employer terminates the employment contract for business reasons, he may not employ another worker for the same work, with the same vocational training and profession, for a period of two years from the termination of employment.” In accordance with section 96(4), if, before the end of the pointed-out period, a need for carrying out the same work arises, the worker whose employment was terminated should have priority for employment. The Government indicates that the reasoning behind these amendments is preventing cases of abuses by the employer and providing additional protection to the worker by giving him/her a priority for employment in case the need for carrying out the same work arises. The Committee further notes that, following the amendment of section 97, the amount of the severance allowance was increased, depending on years of employment completed, ranging from a severance allowance of one net salary for up to five years of employment to up to seven net salaries where the worker has completed over 25 years of employment. Finally, the Committee welcomes the statistical information provided by the Government concerning the number of terminations of employments that took place between 2014 and November of 2019 on the grounds of liquidation; structural, technical and economic reasons; and bankruptcy. The Committee requests the Government to provide information evaluating the impact of the 2019 legislative amendments, in terms of maintaining and creating employment. The Committee further requests the Government to continue to provide practical information relevant to the application of these provisions of the Convention, including available statistics on the number of terminations for economic or similar reasons.
Application of the Convention in practice. In reply to the Committee’s previous comments, the Government refers to the establishment of a tripartite committee responsible for issuing and revoking licences of conciliators and arbitrators operating in the new dispute resolution system. Moreover, measures were adopted to promote recourse to the new system and support its proper functioning, including launching media campaigns raising awareness of the new system in September 2016 and March 2017, establishing a registry of conciliators and arbitrators, and developing a software application to provide administrative and technical support to the system. The Government reports that between 2015 and 2017, the tripartite committee for issuing and revoking the licences of conciliators and arbitrators held 12 sessions and issued 59 licences. It adds that, between 2016 and 2019, four procedures related to collective labour disputes were initiated, three of which concerned individual labour disputes. The Committee further notes the Government’s indication that courts do not classify labour disputes according to the grounds of the lawsuit and that no record is being kept of the duration or outcome of such labour disputes, or the type of legal remedies granted. The Committee requests the Government to continue to provide detailed updated information on the manner in which the Convention is applied in practice, including examples of recent court decisions concerning questions of principle relating to the application of the Convention and, if available, statistics on the activities of the bodies of appeal. It also requests the Government to continue to provide information on the application of alternative dispute resolution mechanisms for resolving labour disputes in regard to termination of employment, including the dispute resolution system for labour matters carried out by conciliators and arbitrators.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government's report received in September 2020.
Articles 2 and 3 of the Convention. Implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities. In reply to its previous comments, the Committee welcomes the statistical information provided by the Government concerning the number of persons with disabilities registered with the Employment Service Agency of the Republic of North Macedonia (ESARNM) between 2015 and 2018, disaggregated by age, type of disability, and educational level. The Committee notes, however, that these statistics show a significant difference in the level of economic participation of men and women with disabilities. In particular, the Government reports that as of December 2018, 1,328 unemployed persons with disabilities were registered with the ESARNM (66.9 per cent men and 33.1 per cent women). The Government indicates that most of those registered have no education or have only completed primary education (54.4 per cent). It adds that the majority (46.9 per cent) are between 30 and 49 years old, while those 50 years old or over constitute 37.1 per cent of those registered. The Committee notes the information provided by the Government with regard to the subsidies granted in accordance with the Law on Employment of Persons with Disabilities to employers who either employ persons with disabilities on the basis of employment contracts without limit of time, implement workplace adaptations, or provide special equipment to workers with disabilities. In 2018, 210 employers and 211 workers with disabilities benefited from these subsidies. Furthermore, the Government indicates that, since 2015, a total of 209 persons with disabilities have established their own companies with assistance from the national Self-Employment Programme. The Programme provides support (including entrepreneurship and business planning training, grants in the form of equipment or materials, and advisory or mentoring support) to registered unemployed persons to help them establish their own businesses. The Committee nevertheless notes the concluding observations of the UN Committee on the Rights of Persons with Disabilities (CRPD) in which it expressed concern that “persons with disabilities and public and private employers in North Macedonia are not fully aware of the rights of [persons with disabilities] and opportunities for employment in the open labour market” (document CRPD/C/MKD/CO/1, of 29 October 2018, at paragraph 45(c)). Finally, the Committee notes that the Government does not indicate the manner in which persons with disabilities who are not registered with the ESARNM are afforded the protections provided by the Convention. The Committee requests the Government to provide detailed updated information on the nature and impact of policies, programmes and measures developed and implemented to ensure the effective participation of persons with disabilities in the labour market, including updated statistical data, disaggregated by sex, age and occupation, on the number of men and women workers with disabilities who have been placed in employment on the open labour market and who have benefited from vocational guidance and training. The Committee reiterates its request that the Government describe the manner in which persons with disabilities who are not registered with the ESARNM are afforded the protections contemplated under the Convention.
Article 4. Equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. The Committee notes that, in its 2018 concluding observations, the CRPD expressed concern that article 9 of the Constitution of the Republic of North Macedonia, which sets out the principle of equality and non-discrimination, does not mention disability as a prohibited ground of discrimination, noting that there are no penalties in national laws for public or private institutions or for individuals that discriminate against persons on the basis of disability, nor are effective legal remedies available. The CRPD also expressed its concern about “discrimination against and inequalities in employment and working conditions for persons with disabilities, particularly women, notably in several provisions of the Law on Civil Servants”. It further noted that the Law on Labour Relations does not specifically require employers to provide reasonable accommodation (workplace adjustments) (document CRPD/C/MKD/CO/1, paragraphs 7 and 45). In this context, the Committee notes from the 2020 report of the Council of Europe on the implementation of the European Social Chapter by North Macedonia, the adoption on 26 May 2019 of the new Law on Prevention and Protection against Discrimination, which prohibits discrimination based on several grounds, including disability. The law prohibits discrimination in several areas, such as employment. It also regulates the appropriate adjustment and accessibility of infrastructure, goods and services, and prescribes fines applicable to the public and private sectors in case of non-compliance with such provisions. Nevertheless, the Committee notes that the new law was repealed by the Constitutional Court in May 2020 on the basis that the procedure for its adoption was flawed and therefore unconstitutional. Lastly, the Committee notes from the 2020 report of the Council of Europe the implementation of the National Strategy for the Equalisation of the Rights of Persons with Disabilities – Revised (2010–11), which contemplated the adoption of measures to support organizations of persons with disabilities and their participation in the decision making on persons with disabilities-related issues. With regard to women with disabilities, in its 2018 concluding observations, the CRPD expressed its concern that existing legislation, particularly the Law on Prevention of and Protection against Discrimination and the Law on Equal Opportunities for Women and Men, do not contain specific measures on women and girls with disabilities, and as a result, women and girls with disabilities face multiple and intersecting forms of discrimination and exclusion in all areas of life (document CRPD/C/MKD/CO/1, paragraph 11(a)). In light of the observations of the Committee on the Rights of Persons with Disabilities (CRPD), the Committee requests the Government to provide information on the legislative framework as well as on steps taken to ensure effective equality of opportunities and treatment in employment and occupation in practice in the public and private sectors between women and men with disabilities, and between workers in general and workers with disabilities, including the provision of reasonable accommodation. In particular, the Committee requests the Government to indicate the measures taken to ensure effective legal protection from employment-related discrimination for persons with disabilities following the May 2020 decision of the Constitutional Court. The Committee further requests the Government to indicate whether the National Strategy for the Equalisation of the Rights of Persons with Disabilities, which expired in 2011, was replaced with a new one.
Article 5. Consultation of the representative organizations. In its previous comments, the Committee requested the Government to provide information on the manner in which representative employers’ and worker’s organizations, as well as representative organizations of and for persons with disabilities are consulted on the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities. It also requested the Government to provide information on the impact of the 2013 Memorandum of Cooperation signed between the Ministry of Labour and Social Policy and the Chamber of Commerce of the former Yugoslav Republic of Macedonia to promote vocational rehabilitation and employment of persons with disabilities on the open labour market and their integration into society. The Committee notes that the Government does not provide information in this regard. The Committee therefore reiterates its request that the Government provide detailed updated information on the manner in which representative employers’ and worker’s organizations, as well as representative organizations of and for persons with disabilities are consulted on the implementation of the policy on vocational rehabilitation and employment of persons with disabilities, including on the impact of the Memorandum of Cooperation established to support persons with disabilities.
Articles 7 and 8. Services accessible to persons with disabilities, including in rural and remote areas. In reply to the Committee’s previous comments, the Government indicates that the ESARNM implements different types of active employment programmes, measures and services, focusing on increasing the inclusion of groups in vulnerable situations, such as persons with disabilities. In this context, the Government refers to the implementation of the “Preparation for Employment and Work” programme, which provides training on a broad range of topics such as personal development, job search and communication skills for young unemployed people up to 29 years old with special programmes tailored to persons with disabilities. The Committee requests the Government to provide updated detailed information on the nature and impacts of the vocational guidance and training measures adopted to enable persons with disabilities to secure, retain and advance in employment, particularly those available in rural and remote areas.
Article 9. Training of staff responsible for persons with disabilities. In reply to the Committee’s previous comments, the Government indicates that training was provided to ESARNM in the framework of the project “Pilot action for approaching the right of persons with disabilities to work”. The Government adds that the training introduced a new approach and methodology for working with persons with disabilities to promote their opportunities for employment. The Committee requests the Government to provide information on the nature and content of the training provided to improve the specific skills of ESARNM staff who provide vocational rehabilitation and employment-related services, including career counselling and guidance to persons with disabilities, as well as on the impact of the training provided.
In the context of the global pandemic of COVID-19, the Committee recalls the broad guidance provided by international labour standards. In this regard, the Committee draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidance for the development and implementation of measures in areas such as education, vocational training and retraining, and employment, that effectively respond to the profound socioeconomic effects of the pandemic. For instance, Paragraph 7(h) of Recommendation No. 205, provides that, in taking measures on employment and decent work in response to crisis situations, Member States should take into account the need to pay special attention to population groups and individual who have been made particularly vulnerable by the crisis, including, but not limited to, persons with disabilities. The Committee invites the Government to provide in its next report updated information on the impact of the global COVID-19 pandemic on the implementation of vocational rehabilitation and employment policies and programmes for persons with disabilities.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
COVID-19 and telework. The Committee notes that the confinement and social distancing measures imposed around the world to mitigate the global health impact of the COVID-19 pandemic have given new impetus to teleworking in many countries. In this context, the Committee notes that according to the information available on the “ILO Covid-19 and the world of work: Country policy responses" portal, employees in North Macedonia have been encouraged to work from home where possible. The Committee further notes, that according to the supplementary information provided by the Government, the Government is in the process of drafting a new Law on Labour Relations following extensive consultations with the social partners which will contain provisions relating to home work. The Committee requests the Government to provide information on progress made concerning the development and adoption of a new Law on Labour Relations, particularly with regard to the adoption of provisions related to homework and telework. In this regard, the Committee trusts that the Government will align the provisions of the draft Law with the provisions of the Convention, taking into consideration its primary objective of improving the situation of homeworkers. The Committee also requests the Government to provide specific information regarding the teleworking arrangements introduced in light of the COVID-19 pandemic, including updated statistical information on the number of workers who have taken advantage of the teleworking modality, disaggregated by age, sex and sector. Recalling that the teleworking modality can be a useful means to allow access to employment to certain people who sometimes face greater obstacles to access it (such as young people, women, persons with disabilities and older people), the Committee requests the Government to provide information on the impact of teleworking arrangements on employment, including for persons belonging to groups disadvantaged with respect to accessing the labour market.
Article 4(2)(e) and (f) of the Convention. Social security protection and access to training. In response to the Committee’s previous comments, the Government indicates that, although not explicitly referred to in the Labour Law, as workers in an employment relationship, homeworkers have the same social insurance rights as other workers. The Government indicates that a new Labour Law is being drafted in consultation with the social partners, which will include detailed regulation of home work and will set out the required content for employment contracts for home work. It adds that the new Labour Law will also regulate the method of training and professional development of homeworkers, with a view to ensuring that full effect is given to the Convention.  The Committee requests the Government to provide a copy of the new Labour Law once it has been adopted and to indicate the manner in which effect is given to Article 4(2)(e) and (f) of the Convention in practice.
Article 7. Occupational safety and health. The Committee notes the Government’s indication that employers are required to submit the employment contract for home work to the labour inspection authorities within three days of concluding the contract. Moreover, the labour inspection authorities have the requisite authority to inspect the premises identified in the employment contract as the place where home work is being performed outside the employer’s premises. The Committee notes, however, that the Government has provided no response to the Committee’s 2014 request, which it repeated in 2019, for information with respect to measures taken to give effect to this Article of the Convention, ensuring that national laws and regulations on safety and health at work apply to home work, taking account of its special characteristics.  The Committee once again requests that the Government provide information on the manner in which effect is given to this provision of the Convention and to specify the relevant measures taken in this regard. In addition, the Committee requests the Government to provide information concerning the number and outcome of inspections carried out during the reporting period of premises where home work is being performed.
Article 8. Use of intermediaries. The Government refers to the Law on Private Employment Agencies No. 113/18, which regulates the assignment of workers to a particular employer by a private employment agency having a license for temporary employment. It adds that the Law makes no distinction based on the place where the work is being performed, indicating that workers can therefore also be assigned to home work should the employer so require. The Government indicates that the rights deriving from the employment relationship as provided for in the general regulations on employment and occupational safety and health also apply to temporary workers assigned by the licensed private employment agency.  Noting the Government’s indication that the use of intermediaries in home work is permitted in North Macedonia, the Committee requests the Government to communicate the laws, regulations or judicial decisions, as appropriate that establish and allocate the respective responsibilities of employers and intermediaries, as required under Article 8 of the Convention.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year.
New legislation. The Committee notes that the Government reports that a new law on Private employment agencies was adopted in June 2019 and that existing agencies have been given six months to re-register and to prove that they meet the requirements of the new law. The Committee requests the Government to provide information on the number of temporary employment agencies registered in the country following the adoption of the new Law on private employment agencies.
Article 1(1)(b) and (c) of the Convention. Employing workers with a view to making them available to user enterprises and provision of other services. The Committee had previously requested the Government to provide information on the activities of youth cooperatives. The Committee notes the Government’s information that in accordance with the legislation in force, student cooperatives are no longer legal and that they were transformed into private employment agencies. The Committee requests the Government to provide further information on the legal provisions regulating the transformation of student cooperatives into private employment agencies as well as their operations. The Government is also requested to provide information on the number of such cooperatives that were transformed into private employment agencies.
Article 2. Scope.  The Committee had previously requested the Government to indicate whether the Convention applies to all categories of workers and all branches of economic activity or whether recourse has been made to Article 2(4). The Committee notes the Government indication that the Convention applies to all categories of workers and economic activities. The Government further indicates that those entities that hold a licence authorizing them to provide temporary employment services may not provide services outside the territory, whereas those with a licence to provide mediation services may provide services within and outside the territory of North Macedonia. The Government indicates, however, that the provisions of this Law does not apply in cases of mediation for employment abroad of students during their studies. The Committee notes this information, which responds to the points raised previously.
Article 3. Legal status and operation.  The Committee notes that pursuant to Article 6, paragraph (7) of the new Law on Private employment agencies, a private employment agency may not start to operate before registering in the Central Register of the Republic of North Macedonia and obtaining the corresponding license issued by the Ministry competent for labour-related issues. Section 7 of the Law determines the types of licences that can be issued by the Ministry. These are: licenses for temporary employment, licenses for mediation for employment in the country, licenses for mediation for employment abroad and licences for mediation or employment in the country and abroad. The law establishes the requirements for the different types of licenses issued for temporary employment agencies and mediation for employment agencies. In the case of temporary employment agencies, the requirements concern the maximum number of temporary agency workers with which the agency may conclude contracts as well as the amount of the bank guarantee, the size of the premises and the minimum number of employees that the agency should have. In the case of mediation for employment agencies, the requirements concern the size of the premises of the agency and the minimum number of employees necessary for the agency to operate. The law provides that an employment agency may simultaneously have a licence for temporary employment and a license for mediation for employment. But the agency shall meet the requirements to obtain both licences separately. The Committee notes that section 14 of the new law provides that the licenses are issued with a validity of two years, with the possibility of extension. Subparagraph 3 of section 14 provides that after two consecutive extensions, the license shall be issued with a validity of five years, with the possibility of an extension of five years. The Committee notes that subparagraph 7 of this same section provides that the license may be transferred in whole or in part to another person. The bank guarantee may not be withdrawn for the period of validity of the licence. The Committee requests the Government to provide information on the number and type of licenses issued and on any challenges or obstacles encountered in the implementation of the procedure in practice.
Article 4. Right to freedom of association and the right to collective bargaining.  The Committee notes that in reply to its previous comments, the Government indicates that pursuant to section 23 of the new Law on Private Employment Agencies, temporary agency workers have the right to participate, with their own representatives, in the bodies that represent workers, which, in accordance with the regulations, are established in the undertaking, in the same way as if the workers employed directly by the user enterprise. The Committee notes this information, which responds to the points raised previously.
Article 5(2). Special services or targeted programmes. The Committee requests the Government to indicate how private employment agencies provide special services or targeted programmes designed to assist the workers in disadvantaged situations in their jobseeking activities particularly, in the framework of section 15 of the Law on Prevention and Protection against Discrimination.
Article 6. Processing of personal data. The Committee notes that the Government’s report contains no information in this regard. The Committee therefore reiterates its request that the Government provide information on how it is ensured that the processing of personal data of workers by all private employment agencies is limited to matters related to the qualifications and professional experience of the workers concerned and any other directly relevant information.
Article 7. Fees.  The Committee notes that pursuant to section 25 of the Law, the private employment agency may only charge fees to the user employer. They cannot charge fees or costs to workers. Furthermore, section 34 (2) provides that the private employment agency shall mediate by collecting reimbursement of mediation services by the employer. The Committee recalls that the Government had previously indicated that a foreigner could be granted permission to operate a fee-charging temporary employment agency only if there is reciprocity in performing the same mediation activities for temporary employment with the foreigner’s native country. The Committee notes in this respect that the Government indicates that only private employment agencies and the Employment Service Agency of the Republic of North Macedonia may perform mediation services for employment in the country. The Committee requests the Government to indicate whether it is still possible, after the adoption of the new Law on Private employment agencies, for foreigners to operate temporary employment agencies that charge fees to workers.
Article 8(1). Protection of migrant workers.  The Committee previously noted that based on the Law on Employment and Insurance in Case of Unemployment, “labour mediation abroad” is performed on the basis of a bilateral international agreement or treaty or on the basis of a previously signed agreement between the mediation agency and an enterprise that will employ the worker. The agreement has to lay down the conditions and the manner related to the employment mediation and the work of the person referred to employment abroad. The Committee further notes that pursuant to section 38 of the new Law on temporary employment agencies a private employment agency which holds a license for mediation for employment abroad shall be obliged to submit data for the persons assigned for employment abroad to the Employment Service Agency of the Republic of North Macedonia, no later than the fifth of each month. The Committee notes, however, that the Government does not reply its previous request. The Committee requests the Government to provide information on whether a domestic or foreign temporary employment agency with a licence for mediation and a foreign or domestic employer can enter into an agreement without a pre-existing bilateral agreement or treaty between Republic of North Macedonia and the respective foreign country. Please also provide information on how adequate protection is ensured for migrant workers recruited by domestic private employment agencies, including penal provisions, and which employers’ and workers’ organizations have been consulted in this regard.
Article 9. Prohibition of child labour.  The Committee had requested the Government to indicate the legal and practical measures taken or envisaged to ensure that child labour is not used or supplied by private employment agencies. The Government refers to section 39 of the Law on Private employment agencies according to which the private employment agency which holds a license for mediation for employment may not “use child labour in the mediation for potential employment, and violate the dignity and morality of the persons assigned for potential employment.” The Law also provides that for all the rights related to labour relations which are not regulated with this law, the provisions of the general regulations on labour relations shall apply. The Committee requests the Government to indicate how it is ensured that child labour is not provided by temporary employment agencies to enterprises. The Government is also requested to provide any information available on cases of private employment agencies under North Macedonia licence that have been involved in child labour in the country or abroad.
Article 10. Machinery for investigation of complaints, alleged abuses and fraudulent practices.  The Committee notes that the State Labour Inspectorate monitors the application of the law and that the Ministry competent for labour-related issues monitors the operations of the private employment agencies. Non-compliance with the law is a reason for revoking licenses, for both types of agencies. The State Labour Inspectorate prepares quarterly reports on the performed controls, which are published on the website of the Ministry competent for labour-related issues and on the website of State Labour Inspectorate. The Committee requests the Government to provide information on the existing machinery and procedure before the State Labour Inspectorate or otherwise for the investigation of complaints concerning the activities of private employment agencies. The Government is requested to provide information on the number and status of complaints dealt by the State Labour Inspectorate related to the operations of private employment agencies.
Articles 11(c)–(j) and 12. Measures to ensure adequate protection and allocation of responsibilities of temporary work agencies and user enterprises.  The Committee notes that section 19 of the new Law on Private employment agencies provides that the user employer should grant temporary agency workers the same working and employment conditions as those ensured to those workers recruited directly by the user employer. Pursuant to section 20, the rights arising from general labour regulations and occupational safety and health also apply to temporary agency workers. The section also provides that mediation for employment in the country is performed on the basis of a previously concluded agreement between the private employment agency with a mediation license for employment in the country and the user–employer. The agreement shall obligatorily contain the following elements: name of the user employer, responsible person within the user enterprise; conditions of employment in accordance with the general labour regulations (working hours, salary, method of payment and working conditions); the rights, obligations and responsibilities of the private employment agency and the user employer. This concerns the basic salary, right to training occupational safety and health as provided in section 30. Section 29 sets forth the content of the contract that the workers conclude with the user employer which include working hours and amount of salary as well as the obligations of the private employment agency towards the workers during the period of his or her assignment to the user-employer. Section 30 concerns the right to the same basic salary as other workers directly hired by the user employer doing equal or similar jobs. The private employment agency should be adequately informed of the basic salary of a temporary agency worker. Temporary agency workers should also enjoy equal opportunities with respect to training, and occupational safety and health measures. The Committee notes that no information is provided concerning social security benefit, compensation in case of occupation accidents or diseases, compensation in case of insolvency and protection of workers claims and maternity protection and benefits and parental protection and benefits, that are also provided for in Article 11 of the Convention. The Committee requests the Government to provide information in detail on the application in practice of all points referred to in Article 11(c)–(j) of the Convention. The Government is also requested to provide additional information on how responsibilities are allocated between temporary work agencies and the user enterprises in the areas described in Article 12.
Article 13. Cooperation between the public employment service and private employment agencies.  The Government indicates that, according to Article 4 of the Law on Private Employment Agencies, private agencies should enjoy equal treatment as the Employment Service Agency of the Republic of Macedonia (ESARNM) in the employment mediation services and the access to the database of unemployed persons kept by the ESARNM for the purpose of selection of candidates for employment. The ESARNM and the private employment agencies exchange information about job openings and assignment of unemployed persons for the purpose of employment. This exchange of information is done electronically, based on a previous agreement. The Committee requests the Government to provide practical information on whether there is an established procedure for the cooperation between the ESARNM and private employment agencies and to indicate which employers’ and workers’ organizations were consulted. Please also provide examples of the information that private employment agencies provide to the ESARNM and specify the information that is made publicly available and the intervals at which this is done.
Article 14. Adequate remedies and practical application of the Convention.  The Committee requests the Government to provide examples of the remedies provided in cases of violations of the Convention by private employment agencies including extracts of inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.
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