Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Migration for Employment Convention (Revised), 1949 (No. 97) - North Macedonia (Ratification: 1991)

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 2012.

Repetition

The Committee notes the Government’s first and second reports on the Convention and the legislation attached. It also notes the information in the Government’s reports on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), to the extent that it relates to matters covered by Convention No. 97.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that extensive legislation has been adopted regulating the admission and employment of foreign workers, in particular the Law on Foreigners regulating visa requirements and the conditions for temporary or permanent residence of foreigners, and the Law on Employment and Work of Foreigners of 2007 establishing the conditions for issuing work permits, the type of work permits and the conditions for seasonal work and cross-border service provision by foreign companies through posted workers. It also notes the Government’s indication that the Resolution on Migration Policy of The former Yugoslav Republic of Macedonia defines the basic principles of the national migration policy and that the Action Plan for 2009–14 to implement the Resolution defines the obligations of the line ministries with a view to better managing the migration flows. The Committee notes the Government’s statement that full effect to the Convention is given mainly by the Law on Employment and Work of Foreigners of 2007, which has been amended in 2009, 2010 and 2011. The Committee requests the Government to indicate, as completely as possible, the specific relevant legal provisions in force for each of the questions in the report form, and to provide copies of the relevant texts of these provisions. The Committee also requests the Government to provide a copy of the Resolution on the Migration Policy and the Action Plan 2009–14, if available in any of the ILO languages, or to provide a summary of their contents, indicating the relevant sections giving effect to the provisions of the Convention.

General agreements and special arrangements. The Committee notes that bilateral agreements have been concluded with Slovenia and Qatar on seasonal workers and with Germany on detached workers. It also notes that section 3(3) of the Law on Employment and Work of Foreigners provides that the Law shall not apply to citizens of the European Union (EU) Member States when an international agreement provides for reciprocity in terms of free access to the labour market, employment and free flow of services by posted workers, as well as in relation to other forms of work that are subject to the Law; the issue of their employment and residence can be regulated with a relevant agreement. The Committee asks the Government to provide information on any bilateral agreement concluded regarding the employment and residence of workers from the EU Member States, including services by posted workers. Please also provide copies of these and other relevant agreements, as well as a summary of their main provisions and objectives, and information on their practical application and the number of workers covered.

Article 2. Services and assistance to migrant workers. The Committee notes from the Government’s report that there are four migration service centres functioning within the Employment Agency where migrant workers can get information on the labour market in The former Yugoslav Republic of Macedonia and in most European countries, Australia, Canada, Switzerland and the United States. The information and other services provided include training and counselling on certain topics, information and advice to migrants on employment and living conditions in a specific country, visa, work permit and residency procedures, immigration programmes, support and rights of migrants, reintegration programmes, and family reunification. A web page was also created for this purpose. The Committee requests the Government to provide additional information on the activities of the migration service centres and on the number of nationals and migrant workers benefiting from these services, and to indicate whether the services are provided free of charge.

Article 3. Misleading propaganda. The Committee notes the Government’s general statement that section 247 of the Criminal Code provides for specific sanctions for misleading other persons. The Committee requests the Government to indicate whether laws or regulations permit steps to be taken against misleading propaganda relating to emigration and immigration and whether any measures has been taken to cooperate with other governments in this regard. Please also provide information on any specific programmes aimed at informing the public about migration movements and preventing negative attitudes towards migrants.

Article 4. Measures to facilitate departure, the journey and arrival of migrant workers. The Committee notes the Government’s indication that measures to facilitate the departure of migrant workers is only organized through the bilateral agreements on seasonal workers and on detached workers. The Committee requests the Government to provide additional information on the number of workers covered by the bilateral agreements and on the type of arrangements made in the context of these agreements to facilitate the departure, arrival and reintegration of migrant workers.

Article 6. Equality of treatment. The Committee notes that section 4(7) of the Law on Employment and Work of Foreigners prohibits the employer, when employing a foreigner, including a candidate for employment, to apply unequal treatment based on race, gender, religious belief and national origin, as well as on a range of other grounds. Section 15(6) and (7) of the Law provides that the foreign employer of posted workers shall observe the conditions laid down in the Law on Labour Relations and that posted workers shall have minimum rights to working hours, breaks, holiday periods, night work, minimum annual leave, salaries, health care and safety at work and special protection to workers laid down in the regulations and the general collective agreement or in the industrial collective agreement which is more favourable to the workers. The Committee further notes that pursuant to section 88 of the Law on Foreigners, holders of a permanent residence permit shall enjoy the same rights as those of citizens, including, among others, social protection and trade union rights. It also notes that the Law on the Prevention and Protection against Discrimination prohibits direct and indirect discrimination with regard to labour relations, education, social security, housing, culture and participating and acting in a trade union in respect of a number of grounds, including citizenship or any other ground established by the law or by ratified international agreements (section 4). However, section 14(1) of the Law appears to allow for different treatment of persons who are not citizens of the The former Yugoslav Republic of Macedonia with regard to the rights and freedoms granted in the Constitution, the legislation and international agreements to which the The former Yugoslav Republic of Macedonia is a party, and which directly arise out of the citizenship of The former Yugoslav Republic of Macedonia. The Committee notes that it is unclear from the above mentioned legislation whether workers holding a temporary residence permit enjoy no less favourable treatment than that applied to nationals with respect to the matters covered in Article 6(1) of the Convention. The Committee requests the Government to provide detailed information on practical application of sections 4 and 14(1) of the Law on the Prevention and Protection against Discrimination, sections 4(7) and 15(6) and (7) of the Law on Employment and Work of Foreigners and section 88 of the Law on Foreigners, to both permanent and temporary migrant workers, including posted workers, and on the measures taken to ensure that no less favourable treatment is applied to these workers than that applied to nationals with respect to the matters covered in Article 6(1)(a) of the Convention, including remuneration, conditions of work, accommodation and trade union membership. Please also provide information on any discrimination claims brought by migrant workers before the Commission for the Protection against Discrimination and the courts, as well as the Office of the Ombudsperson.

Article 6(1)(b). Social security. The Committee notes from the Government’s report that the Government has concluded bilateral agreements with about 20 countries in the area of social insurance. The Committee notes section 12 of the Health Care Act by virtue of which foreigners and stateless persons employed in The former Yugoslav Republic of Macedonia shall exercise the right to health care within the scope and under the terms and conditions established for all other beneficiaries. Please provide additional information, indicating the relevant legislative and administrative measures that have been taken to ensure that immigrants receive treatment no less favourable than that applied to nationals with respect to social security in accordance with Article 6(1)(b) of the Convention.

Article 7. Public employment service. The Committee notes that the Employment Service Agency (ESA) is the public authority in charge of providing free employment services, including employment mediation (section 26 of the Law on Employment and Unemployment Insurance). The Government further indicates that the ESA and private employment agencies shall mutually exchange information on vacancies and match unemployed persons with available jobs. The Committee asks the Government to provide further information on the type of services provided to migrant workers in The former Yugoslav Republic of Macedonia by the Employment Service Agency and on the manner in which ESA cooperates with other services and employment services of other member States.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes that section 87 of the Law on Foreigners provides that a permanent residence permit shall be issued to foreigners who, prior to the application for permanent residence, have stayed for an uninterrupted period of minimum five years in The former Yugoslav Republic of Macedonia on the basis of a temporary residence permit. A permanent residence permit for the purposes of employment, work or self-employment, may be issued to a foreigner who possesses high or deficit qualifications or education necessary for the operation of the relevant institution in or authority in the country. The Committee further notes the Government’s explanations regarding the provisions in the Labour Relations Law dealing with termination of employment, and recalls that Article 8 of the Convention addresses the right of permanent migrant workers to maintain their residence permit if, as a result of injury sustained or illness contracted after entry, they are unable to work. The Committee requests the Government to provide information on the number of foreigners that have acquired permanent residency status in the country and to clarify whether permanent migrant workers may continue to reside in the country in the event of incapacity for work, and whether this right is maintained even if they find themselves without means of support.

Article 9. Earnings and savings. Please indicate the limits within which the transfer of the earnings and savings of a migrant for employment is permitted by national laws and regulations and any special arrangements which may exist for the purpose.

Article 11. Frontier workers and short-term entry. The Committee notes from the Government’s report that the legislation does not contain any definition of frontier worker. The Committee invites the Government to specify which categories of migrant workers would be regarded as “frontier workers”. Please also indicate the longest period which is regarded as constituting “short-term entry” within the meaning of Article 11(2)(b).

Part III to V of the report form. The Committee notes that the Ministry of Labour and Social Policy and the State Labour Inspectorate are competent to enforce the Law on the Employment and Work of Foreigners, as well as the Labour Relations Law. The Labour Inspectorate shall communicate reports on a regular basis concerning instituted proceedings and imposed penalties, and the ESA is obliged to keep records on infringements committed by and penalties imposed on employers and foreigners. The Committee asks the Government to provide information on the activities of the Labour Inspectorate to monitor the relevant legislation, including the number of infringements found and penalties imposed, and their outcome for both the employer and the worker. Please also indicate whether courts or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Statistics. The Committee notes from the Government’s report that in the course of 2009, 1,148 permits for employment of foreign citizens were issued out of which 473 were new permits. The Committee also notes the Government’s indication that the Law on Employment and Work of Foreigners was amended to facilitate the procedure for obtaining work permits and to simplify the procedure for certain foreign citizens. The Committee notes that during 2011, the ESA issued 1,871 work permits out of which 1002 were new permits. The Government indicates that the majority of foreigners have completed secondary and higher education and belong to the category of administrative employees. The Committee requests the Government to continue to provide relevant statistics, disaggregated by sex and nationality and sector of activity of the migrants entering the territory for employment under the different work permits, and to provide such statistics for the number of Macedonian men and women migrating for employment to other countries. Please also provide statistics regarding the implementation of the quota regime for third-country nationals.

Annexes I–III. The Committee requests the Government to provide detailed information on the applicable laws and policies applying the provisions in Annexes I–III of the Convention.