Minimum Wage Fixing Convention, 1970 (No. 131) - North Macedonia (Ratification: 1991)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 3 and 4 of the Convention. Minimum wage system. The Committee notes the adoption of the Minimum Wage Act (Official Gazette No. 11/12), in particular section 4 which defines for the first time the national minimum wage as a standard percentage, for example, 39.6 per cent of the country’s gross average wage, established by the State Statistical Office for the preceding year. The Committee also notes that the amount of the national minimum wage is published in the Official Gazette upon the opinion of the Economic and Social Council. While noting that the minimum wage now represents a fixed proportion of a statistical indicator to be recorded and announced every year by an independent national institution, the Committee requests the Government to clarify the exact role of the Economic and Social Council in the minimum wage fixing process and the practical effect of obtaining the opinion of the Council before the publication of the minimum wage rate. The Committee also requests the Government to explain whether in fixing the minimum wage level at nearly 40 per cent of the gross average wage, it has duly taken into consideration social criteria, for instance the basic needs of the workers and their families and the cost of living, as prescribed by Article 3 of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(1) of the Convention. Binding force of minimum wages. The Committee notes the Government’s indication that, under paragraph 18 of the General Collective Agreement for the private sector, in case of difficulties and subject to the union’s approval, minimum wage rates may be reduced by no more than 20 per cent for a period not exceeding six months. Reductions may be even greater if other objective circumstances would so require, in which case the employer is obliged to repay the difference within six months after overcoming the difficulties. The Committee recalls that one of the core principles of the Convention is that minimum wages, once established, have the force of law and may not be subject to abatement. The Committee also recalls that, contrary to Conventions Nos 26 and 99, Convention No. 131 does not provide for possible exceptions to this principle. Subject to any clarifications the Government may provide on this point, the Committee considers that allowing for deviations, however temporary, from the established minimum wage runs counter to the very concept of a minimum wage which is meant to be the minimum sum payable, guaranteed by law and not subject to abatement. The Committee therefore requests the Government to clarify the scope of those exceptional circumstances referred to in paragraph 18 of the General Collective Agreement, and explain how such practice can be reconciled with the fundamental principle of the binding force of minimum wages.

Article 5. System of inspection and sanctions. The Committee notes the Government’s indication that section 264 of the Labour Relations Act provides for a fine in the amount of €15,000 for non-payment of the minimum wage. It also notes, however, that, under the draft amendments to the Labour Relations Act currently under consideration, these penalties are reduced by 50 per cent. The Committee requests the Government to provide additional explanations on the purpose of significantly decreasing the amount – and thus the dissuasiveness – of monetary sanctions.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide in future reports up-to-date information on the practical application of the Convention, including, for instance, the approximate number of workers remunerated at the minimum wage rate; statistics on labour inspection results showing the number of visits, violations recorded and sanctions imposed; copies of official documents or studies on minimum wage policy, such as activity reports of any tripartite consultative bodies or economic surveys serving as bases for relevant discussions, etc.