Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 329, Novembre 2002

Cas no 2133 (Macédoine du Nord) - Date de la plainte: 01-JUIN -01 - Clos

Allegations: The complainants allege that employers’ organizations cannot obtain registration and do not engage in collective bargaining.

1. 535. The complaint is contained in a communication from the Union of Employers of Macedonia (UEM) dated 11 June 2001.
2. 536. In the absence of a reply from the Government, the Committee had to postpone its examination of the case three times. At its June 2002 meeting [see 328th Report, para. 8], the Committee issued an urgent appeal to the Government drawing its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it might present a report on the substance of the case at its next meeting if the information and observations of the Government had not been received in due time [GB.283/8, para. 8].
3. 537. The former Yugoslav Republic of Macedonia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

1. 538. In a communication dated 11 June 2001, the Union of Employers of Macedonia (UEM) alleges that legal obstacles impede the registration and legal recognition of employers’ organizations, and their participation in collective bargaining.
2. 539. The complainant states that since its creation in 1998 it has not been able to obtain its registration and recognition as an employers’ organization by the competent authorities of the Republic. The complainant adds that legislation in the area of industrial relations does not provide any indication on the registration of employers’ organizations and covers only the registration of trade unions. In the absence of registration, the complainant is unable to recruit new members, open a bank account, use its proper stamp and collect membership fees. Moreover, it is not invited by the Government to attend seminars organized in cooperation with the ILO. The complainant adds that it has recently initiated a process for its registration as a citizens’ association.
3. 540. The complainant states that without registration, it is not invited by the Government to participate in collective bargaining and that the Government invites only the Economic Chamber, which is based on compulsory membership of all enterprises and is not registered as an employers’ organization.

B. The Committee’s conclusions

1. 541. The Committee deplores the fact that, despite the time which has elapsed since the presentation of the complaint, and bearing in mind the extreme gravity of the allegations, the Government has not provided in due time the comments and information requested by the Committee, although it was invited to send its reply on several occasions, including by means of an urgent appeal at its June 2002 meeting. In these circumstances, and in accordance with the applicable rule of procedure [see 127th Report of the Committee, para. 17, approved by the Governing Body at its 184th Session], the Committee is bound to present a report on the substance of this case, in the absence of the information it had hoped to receive in due time from the Government.
2. 542. The Committee reminds the Government, first, that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations concerning violations of freedom of association is to ensure respect for the rights of employers’ and workers’ organizations in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side should recognize the importance of formulating, for objective examination, detailed factual replies concerning the substance of the allegations brought against them [see First Report of the Committee, para. 31].
3. 543. The Committee notes that the present complaint concerns allegations of obstacles to the registration of employers’ organizations and the exercise of their right to collective bargaining.
4. 544. The Committee notes that the Union of Employers of Macedonia (UEM) states that it has been unable since 1998 to register as an employers’ organization. As a result, it is not vested with legal personality and cannot commence its activities. In addition, it is not invited by the Government to participate in seminars organized in cooperation with the ILO. The Committee notes that legislation in the area of industrial relations does not provide any indication as to the registration and legal recognition of employers’ organizations and deals only with the registration of trade unions. The Committee notes moreover that the complainant organization has initiated a process for its registration as a citizens’ association.
5. 545. In the absence of any reply from the Government, the Committee observes that the current state of law and practice in the area of registration constitutes such an obstacle to the establishment of employers’ organizations that it deprives employers and their organizations of the fundamental right to establish occupational organizations of their own choosing. The Committee recalls that the principles laid down in Convention No. 87, ratified by the former Yugoslav Republic of Macedonia, cover employers as well as workers and that according to the principle laid down in Article 2 of the Convention, workers and employers without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee recalls that “the principle of freedom of association would often remain a dead letter if workers and employers were required to obtain any kind of previous authorization to enable them to establish an organization” and that “requirements must not be such as to be equivalent in practice to previous authorization, or as to constitute such an obstacle to the establishment of an organization that they amount in practice to outright prohibition” (Digest of decisions and principles of the Freedom of Association Committee, para. 244). The Committee observes moreover that the status of citizens’ associations is unrelated to the objectives and activities of an employers’ organization. The Committee requests the Government to initiate discussions urgently with the complainant with a view to finalizing the registration process of the complainant under a status that corresponds to its objectives as an employers’ organization. The Committee requests to be kept informed of developments in this respect.
6. 546. The Committee notes that in the absence of registration and legal personality, the complainant organization does not engage in collective bargaining. The Committee notes moreover that the only body with which the Government holds consultations is the Economic Chamber, which is based on compulsory membership of all enterprises and which cannot be considered as an employers’ organization for the purpose of collective bargaining. In the absence of any reply from the Government, the Committee recalls the principle laid down in Article 4 of Convention No. 98, ratified by the former Yugoslav Republic of Macedonia, to the effect that measures appropriate to national conditions shall be taken to encourage and promote the full development and utilization of machinery for voluntary negotiation and emphasizes “the importance which it attaches to the right of representative organizations to negotiate, whether these organizations are registered or not” [Digest, para. 784]. The Committee requests the Government to take all necessary measures to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers’ and workers’ organizations in conformity with Convention No. 98.
7. 547. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of the case.

The Committee's recommendations

1. 548. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deplores the fact that the Government has not replied to the allegations despite the fact that it was invited to do so on several occasions, including by means of an urgent appeal, and urges it to reply promptly.
   • (b) The Committee requests the Government to initiate discussions urgently with the complainant with a view to finalizing the registration process of the complainant under a status that corresponds to its objectives as an employers’ organization. The Committee requests to be kept informed of developments in this respect.
   • (c) The Committee requests the Government to bring its legislation and practice concerning registration of employers’ organizations in conformity with Convention No. 87.
   • (d) The Committee requests the Government to take all necessary measures to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers’ and workers’ organizations in conformity with Convention No. 98.
   • (e) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of the case.