Home Work Convention, 1996 (No. 177) - North Macedonia (Ratification: 2012)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 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.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 4(2)(e) and (f). Social security protection and access to training. The Committee notes the Government’s first report, which indicates that homeworkers are covered by the Labour Relations Act of the Former Yugoslav Republic of Macedonia (Official Gazette of the Republic of Macedonia No. 34 of 17 February 2014), and in particular by the specific provisions regarding homework laid down in sections 50, 51 and 52 of the Labour Act. The Committee notes, however, that the Government’s report is silent on social security protection as well as on access to training. According to Article 4(2)(e) of the Convention, the national policy on home work should promote, as far as possible, equality of treatment between homeworkers and other wage earners in relation to statutory social protection. Moreover, according to Article 4(2)(f) of the Convention, equality of treatment should be promoted in relation to access to training. The Committee therefore requests the Government to indicate how effect is given to Article 4(2)(e) and 4(2)(f) of the Convention.

Article 7. Occupational safety and health. The Committee notes the Government’s indication that the labour inspector could prohibit the employer to organize home work if the home work is harmful for the employees or for the living and working environment of the workplace. It further notes the Government’s indication that certain types of work could be prohibited in home work by law or other regulations. It also notes that these provisions are laid down in section 51 and 52 of the Labour Act. It notes, however, that the Government has supplied no information with respect to the measures which apply to the provision that national laws and regulations on safety and health at work should apply to home work, taking account of its special characteristics. The Committee requests the Government to provide information on how effect is given to this provision and to specify the measures undertaken on this point.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that if a worker is transferred for carrying out temporary work, the temporary employment agency and the employer conclude an employee transfer agreement. It further notes the Government’s specification of the content of this agreement (such as data, qualifications, period, place, type of work etc.). Moreover, it notes the Government’s indication that, in accordance with the employee transfer agreement, the temporary employment agency should conclude an employment agreement with the worker who shall be transferred to the employer. According to Article 8 of the Convention, the respective responsibilities of employers and intermediaries should be determined by laws and regulations or by court decisions, in accordance with national practice, where the use of intermediaries in home work is permitted. The Committee notes, however, that the Government did not provide information as to whether mediation is permitted for the purpose of finding jobs in homeworking. The Committee therefore requests the Government to provide information as to whether this is permitted, and if so, how it is regulated.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 4(2)(e) and (f). Social security protection and access to training. The Committee notes the Government’s first report, which indicates that homeworkers are covered by the Labour Relations Act of the Former Yugoslav Republic of Macedonia (Official Gazette of the Republic of Macedonia No. 34 of 17 February 2014), and in particular by the specific provisions regarding homework laid down in sections 50, 51 and 52 of the Labour Act. The Committee notes, however, that the Government’s report is silent on social security protection as well as on access to training. According to Article 4(2)(e) of the Convention, the national policy on home work should promote, as far as possible, equality of treatment between homeworkers and other wage earners in relation to statutory social protection. Moreover, according to Article 4(2)(f) of the Convention, equality of treatment should be promoted in relation to access to training. The Committee therefore requests the Government to indicate how effect is given to Article 4(2)(e) and 4(2)(f) of the Convention.

Article 7. Occupational safety and health. The Committee notes the Government’s indication that the labour inspector could prohibit the employer to organize home work if the home work is harmful for the employees or for the living and working environment of the workplace. It further notes the Government’s indication that certain types of work could be prohibited in home work by law or other regulations. It also notes that these provisions are laid down in section 51 and 52 of the Labour Act. It notes, however, that the Government has supplied no information with respect to the measures which apply to the provision that national laws and regulations on safety and health at work should apply to home work, taking account of its special characteristics. The Committee requests the Government to provide information on how effect is given to this provision and to specify the measures undertaken on this point.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that if a worker is transferred for carrying out temporary work, the temporary employment agency and the employer conclude an employee transfer agreement. It further notes the Government’s specification of the content of this agreement (such as data, qualifications, period, place, type of work etc.). Moreover, it notes the Government’s indication that, in accordance with the employee transfer agreement, the temporary employment agency should conclude an employment agreement with the worker who shall be transferred to the employer. According to Article 8 of the Convention, the respective responsibilities of employers and intermediaries should be determined by laws and regulations or by court decisions, in accordance with national practice, where the use of intermediaries in home work is permitted. The Committee notes, however, that the Government did not provide information as to whether mediation is permitted for the purpose of finding jobs in homeworking. The Committee therefore requests the Government to provide information as to whether this is permitted, and if so, how it is regulated.