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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - North Macedonia (Ratification: 1991)

Comments made by trade unions. The Committee notes the Government’s reply to the comments made by the International Trade Union Confederation (ITUC) concerning mostly questions already examined by the Committee.

Article 4 of the Convention. Collective bargaining. In its previous comments, the Committee requested the Government to adopt legislative provisions regulating the procedure for establishing the Negotiation Board (the members of which are appointed by trade unions) when no trade union organization represents 20 per cent of employees or no employers’ association meets the legal requirement for representativeness (sections 219 and 221 of the Labour Relations Law). The Committee notes that the Government indicates in its report that: (1) the representativeness criteria for trade unions and employers associations were defined and harmonized with social partners (the Government sent the rules of procedures for the determination of representativeness attached to its report); (2) employees have the right to form more than one trade union at the enterprise level; (3) in case there exists more than one trade union at the enterprise level, those trade unions are representative and may establish the Negotiation Board; (4) employers’ associations have the same right; and (5) trade unions regulate not only the percentage of representation in the Negotiation Board, but also the selection procedures, the negotiation methods and the persons authorized to sign the collective agreement.

Representativeness. The Committee noted that section 213(c) of the Labour Relations Law provides that the application to the Commission for establishment of representativeness to bargain collectively shall be filled by a trade union at a higher level. The Committee requested the Government to indicate if section 213(c) allows trade unions at enterprise level or industry level to apply for their representativeness to be established. The Committee notes that the Government indicates that sections 213(b) and 213(c) only applies to determine trade union representativeness at national and branch levels; these provisions do not apply to trade unions at enterprise level or industrial level as this matter is regulated by another provision. The Committee notes that, in its reply to the ITUC comments on this matter, the Government adds that the criteria for representativeness does not limit the right to collective bargaining but constitutes a precondition for the conclusion and the coverage of collective agreements. The Committee requests the Government to indicate whether, in practice, there are collective agreements at the branch level.

Conclusion of general collective agreements. In its previous comments, the Committee noted that section 205 of the Labour Relations Law provides that the general collective agreement for the private sector (industry) and for the public sector are applied directly and are mandatory for employers and employees in the respective sectors. The Committee requested the Government to clarify whether these collective agreements can only be concluded by the most representative trade union organizations at the national level. The Committee notes that, according to the ITUC, at national level the representative union must represent 10 per cent of the total labour force. The Committee also notes that the Government indicates that: (1) the general collective agreement for the private sector is concluded by the representative association of employers and the representative trade union for the private sector; and (2) the general collective agreement for the public sector is concluded by the representative trade union in the public sector and the Minister in charge of labour matters. The Committee notes this information with interest, in particular observing that the ITUC considers as a progress the collective agreements concluded in the public sector.

Part IV of the report form. Application in practice. The Committee requests the Government to provide information on the application in practice of the Convention, including statistical data concerning the number of collective agreements concluded in both private and public sectors and the number of workers covered.

Finally, the Committee requests the Government to send its observations concerning the ITUC allegations according to which: (1) the judicial proceedings in case of anti-union discrimination take two to three years to be resolved; and (2) labour inspection does not function in an efficient manner.