Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Collective Bargaining Convention, 1981 (No. 154) - North Macedonia (Ratification: 2013)

The Committee notes that a Direct Contacts Mission (DCM) concerning the application of the Right to Organise and Collective Bargaining Convention (No. 98) took place in October 2023 at the request of the Committee on the Application of Standards (CAS). The Committee notes that some of its conclusions are relevant to the application of the present convention.

Articles 1(3) and 5 of the Convention. Collective Bargaining in the public service. The Committee notes the DCM’s indication regarding the recently adopted Rulebook on registration of collective agreements and its provisions on collective bargaining in the public sector which seem to require the approval of collective agreements by the Ministry of Finance after the signature of these agreements. The Committee highlights that: (i) in general, interventions by the authorities which have the effect of cancelling, or modifying the content of collective agreements freely concluded by the social partners are contrary to the principle of free and voluntary negotiation; (ii) in the context of the special modalities of collective bargaining in the public service, certain interventions by the public authorities in the bargaining process are however admissible; and (iii) provisions that give financial authorities the right to participate in collective bargaining alongside the direct employer are also compatible with the Convention, provided that they give collective bargaining a significant role. Based on the above, the Committee requests the Government to: (i) provide detailed information on how the Ministry of Finance takes part in the collective bargaining process in the public service; and (ii) envisage, in consultation with the interested social partners to review the mentioned Rulebook so that the determination of the economic viability of collective agreements in the public service takes place prior to the signing of the agreement.

Articles 5, 6 and 7. Promotion of collective bargaining. The Committee refers to its comments under Convention No 98 regarding the number of collective agreements in force both in the private and the public sectors and concerning the DCM finding that collective bargaining was limited in the private sector, as exemplified by the fact that the current General Collective Agreement for the Private Sector dates back to 2008. The Committee therefore requests the Governmentto inform about the actions taken to promote collective bargaining both in the private and public sectors. The Committee recalls the Government that it can continue to avail itself of the technical assistance of the Office in this respect.