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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 56. During the previous examination of this case which concerns serious obstacles to the registration of employers’ organizations, including the complainant Union of Employers of Macedonia (UEM) [see 329th Report, paras. 535-548], the Committee requested the Government to initiate discussions urgently with the UEM with a view to finalizing its registration process under a status that corresponds to its objectives as an employers’ organization. It also requested the Government to bring its legislation and practice concerning registration of employers’ organizations into conformity with Convention No. 87 and to take all necessary measures to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers’ and workers’ organizations into conformity with Convention No. 98.
- 57. In a communication dated 11 November 2003, the Government states that the Labour Relations Act contains provisions recognizing freedom of association, and regulating the activities and protection of the representatives of workers’ and employers’ organizations. However, although on the basis of this Act the Ministry of Labour and Social Policy is running a special Register of Trade Unions, there is no corresponding Register of Employers’ Associations (article 81). The creation of employers’ organizations used to be governed by the Act on the Economic Chamber which has been replaced in the meantime with the new Act on the Economic Chamber. The latter has been disputed before the Constitutional Court, which has not handed down its decision yet. The Government adds that due to these reasons, certain associations have been registered on the basis of the Act on Citizens’ Associations. The Government notes that the basis, conditions and way of establishing employers’ associations are not regulated in the new Act on the Economic Chamber and the Act on Citizens’ Associations, despite the fact that employers’ associations constitute one of the participants in the tripartite social partnership framework, and emphasizes that the law needs to be complemented in order to address the need for employers’ associations to be registered in a special register to be run by the Ministry of Labour and Social Policy. Moreover, criteria of representativeness should be established. The Government finally indicates that it is in the process of harmonizing the national law to EU legislation (inter alia, with regard to industrial relations), and that foreign experts have been engaged in order to propose measures regarding this issue. Taking into account their recommendations, appropriate changes and additions will be proposed regarding the Labour Relations Act.
- 58. The Committee recalls that the facts of this case date as far back as 1998 and notes with concern that the Government does not provide any information on any steps taken to initiate discussions with the Union of Employers of Macedonia (UEM) with a view to finalizing the registration of this organization under a status that corresponds to its objectives as an employers’ organization. The Committee requests both the Government and the complainant to provide information on the current status of the UEM and reiterates its previous request to finalize the registration of the UEM urgently under a status that corresponds to its objectives as an employers’ organization.
- 59. The Committee observes from the Government’s response that although the Labour Relations Act requires employers’ organizations to be registered in order to obtain legal personality and commence their activities, no such procedure exists in law or in fact. It also notes that although the Government acknowledges the need to adopt new legislation in order to afford a procedure for the registration of employers’ organizations, it does not provide any indication as to the steps taken or the timetable set for the adoption of such legislation. The Committee considers that the current state of law and practice impairs the establishment of employers’ organizations and amounts to a denial of freedom of association. It recalls that the right of employers and workers to establish and join organizations of their own choosing cannot be said to exist unless such freedom is fully established and respected in law and in fact. In particular, “employers’ occupational associations” should not be restricted by excessively detailed provisions which discourage their establishment, contrary to Article 2 of Convention No. 87, which provides that employers, as well as workers, shall have the right to establish organizations of their own choosing without previous authorization [Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 271 and 252]. The Committee requests the Government to take all necessary steps urgently so as to bring its law and practice into conformity with freedom of association principles, either by establishing a procedure for the registration of employers’ organizations or by repealing the requirement of registration altogether, and to keep it informed in this respect. Noting that the Government has engaged foreign experts in order to propose measures regarding this issue, the Committee recalls that the technical assistance of the Office remains at the Government’s disposal, and urges the Government to make use of such assistance.
- 60. The Committee finally observes that the Government provides no information on the fact that it is practically impossible for employers’ organizations, including the complainant organization, to engage in collective bargaining in the absence of registration and legal personality. The Committee has pointed out the importance which it attaches to the right of representative organizations to negotiate, whether these organizations are registered or not [Digest, op. cit., para. 784]. The public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof. Any such interference would appear to infringe the principle that workers’ and employers’ organizations should have the right to organize their activities and to formulate their programmes [Digest, op. cit., para. 782]. The Committee requests the Government to take all necessary measures so as to ensure that free and voluntary negotiations between employers’ and workers’ organizations take place regardless of registration of such organizations, and to abstain from any interference which would have the effect of preventing employers’ organizations from engaging in negotiations with a view to the regulation of terms and conditions of employment by means of collective agreements. The Committee requests to be kept informed in this respect.
