Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Macedonia del Norte

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1991)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1991)
Convenio sobre la administración del trabajo, 1978 (núm. 150) (Ratificación : 2013)

Previous comments: Direct request and observation.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Legislation. Further to its previous comment, the Committee notes the adoption of the new Law on Inspection Supervision in 2019 and the Government’s indication that: (i) the 2019 Law on Inspection Supervision is a general law regulating the basic principles of inspection of all supervisory bodies, the status, competences and functioning of the Inspection Council and the modes of operation of inspectors in the various bodies; (ii) the Law on Labour Inspection of 1997 is a special law that regulates the organization and work of the State Labour Inspectorate, which is responsible for the enforcement of laws and regulations on labour relations, labour protection, collective agreements and employment contracts; and (iii) the Law on Inspection Supervision of 2019 and the Law on Labour Inspection of 1997 are compatible, the difference is that the latter empowers labour inspectors to enter the employer’s premises, at any time of the day and night, without prior notice and regardless of the employer’s working hours (section 10), whereas the Law on Inspection Supervision of 2019 provides for announced inspections as a general rule (section 69(2)). The Government indicates that in practice the inspectors did not face any major challenges in their actions by applying the provisions of both laws. The Committee takes note of this information, which responds to its previous request.

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. The Committee notes that the Government did not provide the information requested in its previous comment. The Committee once again requests the Government to provide information on the labour inspection activities related to undeclared work, including the number of inspections undertaken, violations identified, orders issued for the establishment of 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. In response to its previous comment, the Committee notes the Government’s indication that under section 18 of the Law on Inspection Supervision of 2019, the Inspection Council: (i) gives its consent to the annual and monthly inspection plans of the State Labour Inspectorate containing information on the elements planned for the following period, including on the recruitment of inspectors, the number of trainings, the budgetary funds required and the number of inspections planned per inspector in the following month; (ii) evaluates the six-month reports on the work carried out by the State Labour Inspectorate, taking into account the number of inspections performed, the infringements detected, the number of new hires or retirements in the service in the last period, the trainings carried out, the budget execution, the risk assessment methodologies adopted by the inspection services and the performance evaluation of the inspectors; and (iii) gives indications and guidelines to improve the work of the labour inspection services in relation to the planning of inspections and their execution and organizes working meetings to overcome the problems faced by the inspection services. It also notes the number of improvement orders issued by the Inspection Council to the State Labour Inspectorate during 2020 and 2021. The Committee requests the Government to continue to provide information on the impact of supervision by the Inspection Council on the activities of the State Labour Inspectorate, including the content of the indications and guidelines given by the Council to improve the work of the labour inspection services.

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 occupational safety and health (OSH). In reply to its previous comment, the Committee notes the information provided by the Government on the joint inspections carried out by the State Labour Inspectorate and various government services, including the State Education Inspectorate, the State Environmental Inspectorate and public health institutions. In this respect, it notes the comprehensive information provided on the number of joint inspection visits carried out in 2020 and 2021 (60,976 inspections), as well as the number of injuries and fatalities by economic activity in 2020, 2021 and 2022. The Committee takes note of this information, which responds to its previous request.

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. Further to its previous comment, the Committee notes the statistical information provided by the Government on the number of violations identified, administrative measures and orders issued, misdemeanour and criminal charges filed and penalties imposed. It also notes the Government’s indication that, in 2022, the Inspection Council submitted an instruction to the Ministry of Labour and Social Policy on the need to amend the Labour Relations Law of 2015 to reinforce measures and penalties for labour offences related to the payment of wages and other payments from employment.

It further notes that the Government did not provide information on the impact of the settlement procedure provided for in section 266(c)(3) and (5) of the Labour Relations Law of 2015, whereby the amount of the fine imposed may be reduced by half on the basis of the agreement of the liable employer to pay the fine within eight days. The Committee once again requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and how it ensures that sanctions for violations are effectively enforced and remain sufficiently dissuasive, including in the context of the possible amendment of the Labour Relations Law of 2015. It also requests the Government to continue to provide statistics on violations, administrative measures and sanctions imposed, as well as on settlement procedures, disaggregated by the nature of infringements according to the legal provisions to which they relate (OSH, wages, annual paid leave, and other connected matters).

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. In response to its previous comment, the Committee notes the Government’s indication that under section 18(1)(19) of the Law on Inspection Supervision of 2019, employers’ and workers’ organizations can submit petitions and proposals for inspections to be conducted to protect their rights. The Committee requests the Government to continue to provide information on the collaboration between the labour inspectorate and employers and workers or their organizations, including the number and nature of petitions and proposals for inspection submitted by employers’ or workers’ organizations, as well as information on any activity undertaken by 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. Further to its previous comment, the Committee notes that the Government informs that: (i) the total budget for salaries and allowances of the State Labour Inspectorate has increased from 97,400,000.00 denars in 2019 to 158,481,795.00 denars in 2021; (ii) these salary increases and allowances were established pursuant to the Law on Inspection Supervision of 2019, according to which inspectors are entitled to a salary supplement of 30 per cent of the amount of the basic salary if there is a high risk to their life and health in the exercise of their duties (section 48(2)), and to an additional monthly salary once a year for good performance (section 51(1) and (2)); (iii) labour inspectors who obtain an inspector license after completion of the 12-month training provided for in section 42(1) of the Law on Inspection Supervision of 2019 receive a salary increase; and (iv) in 2021 and 2022, 12 inspectors received salary increases for acquiring inspector licenses.

Concerning disciplinary procedures, the Government indicates that: (i) in 2021, five disciplinary proceedings were initiated; however, the inspection services determined that four of the proceedings were time-barred under Section 78 of the Law on Administrative Officers of 2014; (ii) in 2022, two disciplinary procedures were concluded; and (iii) only one inspector complained about the 30 per cent salary reduction for one month as a disciplinary measure, and a final decision was taken dismissing his appeal. The Committee requests the Government to provide information on the number of labour inspectors who have received salary increases due to the existence of a high risk to their life and health in the performance of their duties, as provided for in section 48(2) of theLaw on Inspection Supervision of 2019. It also requests the Government to continue to provide information on the number of labour inspectors receiving salary increases for good performance, the number of disciplinary procedures initiated and their causes, the number of appeals from 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. Further to its previous comment, the Committee notes that the Government indicates that, in accordance with the Law on Inspection Supervision of 2019, the Inspection Council shall adopt and implement an annual program for the general training of inspectors (section 16(5)) and the Director of the Inspection Service shall, based on the annual general training program, adopt an annual plan for the individual training of inspectors (section 18(6)). The Government adds that the inspection services organize specialized training on topics related to their scope of work.

With regard to the training activities carried out, the Committee notes that during 2019 and 2022: (i) the Inspection Council organized several trainings for inspectors on methodologies for conducting inspections under the project for the modernization of inspection services; (ii) 114 inspectors received training on the Law on Inspection Supervision of 2019, legal sanctions and computer skills, among other matters; (iii) 27 labour inspectors completed the three-month training through the new electronic platform and acquired the corresponding licenses; and (iv) 2,562 general training certificates were issued.

It further notes the Government’s indication that the labour inspectorate is expected to provide training focusing on the technical knowledge and skills of labour inspectors in agriculture. The Committee requests the Government to continue to provide information on the training of labour inspectors, in particular on the training provided on the technical knowledge and skills required for labour inspectors in agriculture, including the subjects covered and the number of inspectors trained.

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. Further to its previous comment, the Committee notes the information provided by the Government on: (i) the number of labour inspection visits caried out from 2019 to the first semester of 2023 (23,821 inspections in 2019; 31,261 in 2020; 28,010 in 2021; 24,917 in 2022 and 10,893 in the first semester of 2023); (ii) the number of labour inspectors from 2019 to 2023 (112 inspectors in 2019; 106 in 2020; 107 in 2021; 105 in 2022; and 104 in 2023); (iii) the budgetary allocation to the State Labour Inspectorate, which has significantly increased from 2019 to 2022; and (iv) the sectors of economic activity liable to inspections. While noting the Government’s indication that 22 labour inspectors have retired in 2022, the Committee requests the Government to provide information on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and to continue to provide information on the number of labour inspectors, the number of labour inspection visits undertaken, the budgetary allocation to the State Labour Inspectorate and the number of workplaces liable to inspection.

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. With reference to its previous comment, the Committee notes the statistical information contained in the Government’s report on the number of occupational injuries and fatalities in the years 2020 (1,020 occupational injuries and 19 fatalities), 2021 (467 and 19), and the first half of 2022 (708 and 4). It also notes that the Government did not provide information on the cases of occupational diseases notified to the labour inspectorate. The Committee once again requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is notified to the labour inspectorate and that this information is reflected in the annual 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 Government did not transmit the annual labour inspection reports to the ILO. It notes the statistical information contained in the six-monthly reports on the work of the labour inspection services published on the website of the State Labour Inspectorate, including the number of labour inspectors and the number of labour inspection visits carried out, disaggregated by region and sector of economic activity. It also notes the information provided by the Government on the number of violations detected, enforcement measures applied, and occupational injuries and fatalities reported from 2020 to the first half of 2022. The Committee once again requests the Government to take the necessary measures to ensure that the annual labour inspection reports are regularly published and communicated to the ILO, and that they contain information on all the subjects covered by Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. With reference to its previous comment, the Committee notes the information provided by the Government on the joint inspections carried out between the State Labour Inspectorate and various government services, including the Ministry of Internal Affairs, the Public Prosecutor’s Office for injuries at work, the State Inspectorate of Environment and the State Inspectorate of Construction and Urban Planning. It notes that 88 joint inspections were carried out during 2021 and the first half of 2022.

It also notes the Government’s indication that joint inspections between the State Labour Inspectorate and the State Inspectorate for Agriculture are envisaged and that the Inspection Council will organize coordination meetings to ensure more effective joint action. The Committee requests the Government to continue to provide information on the measures taken to promote effective cooperation between the State Labour Inspectorate and government services, in particular on the joint inspections carried out in cooperation with the State Inspectorate for Agriculture.

Labour Administration Convention, 1978 (No. 150)

Article 7 of the Convention. Progressive extension of the functions of the system of labour administration to certain categories of workers. Noting the absence of information on this matter, the Committee once again requests the Government to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in the occupations listed under Article 7 of the Convention.

Article 10. Staff of the labour administration system.While noting the information provided by the Government on the number of staff and the financial resources provided to the State Labour Inspectorate, the Committee once again requests the Government to provide information on the number of staff and the material means and financial resources provided to the Ministry of Labour and Social Policy and its affiliated agencies and bodies, as well as on accreditation and recruitment procedures for those labour administration staff other than labour inspectors.