Workers with Family Responsibilities Convention, 1981 (No. 156) - North Macedonia (Ratification: 1991)

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

Article 3 of the Convention. National policy. The Committee notes with interest the adoption, in 2020 of the Law on Prevention and Protection Against Discrimination, which includes “family and marital status” as a prohibited ground of discrimination (section 5). It also notes the Government’s information, in its report, concerning the adoption of a new National Strategy for Equality and Non-Discrimination 2022–2026 and its Action Plan 2022–2024, for the inclusion of women and men in the labour market without discrimination and without conflict between work and family obligations. The Committee further notes the adoption of the Strategy for Gender Equality (2022–2027) and the National Action Plan for Gender Equality (2022–24). The Committee requests the Government to: (i) provide information on any concrete measures taken or envisaged within the framework of these national strategies and plans with a view to enabling men and women with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their work and family responsibilities; and (ii) regularly monitor and assess the results achieved within the framework of these Strategies and National Action Plans.

Article 4. Leave entitlements. The Committee notes the Government’s indication that a new Law on Labour Relations is being drafted, which foresees a series of additions that will contribute to achieving a better work-life balance for workers with family responsibilities. The Committee notes with interest the Government’s indication that the chapter that regulates the special protection of workers during pregnancy and parenthood, will be supplemented with several new rights aimed at the promotion of maternity protection, but also the mandatory involvement of the father in the process of care of the child, these include: (1) maternity leave for a total duration of 20 weeks uninterrupted for the birth of one child and 28 weeks uninterrupted for multiple births. If the worker dies during childbirth or during the period of maternity leave or in the event of other reasons that prevent or limit her from using her right to maternity leave, the use of this right in the remaining part of its duration, will belong to the worker-father; (2) a new paternity leave, entitling the worker-father to leave for a total duration of 10 working days for the birth of one child (14 working days for multiple birth); (3) a new parental leave, for one child, for a period of four months for the mother and four months for the father (six months individually for multiple births). The period of parental leave can be transferred between them after a prior written declaration of the parent who transfers his or her right, with the exception of two months of leave, which cannot be transferred between parents and if either parent does not use them. Parents can use the leave simultaneously (jointly), consecutively (one after the other) or combined, based on a mutual agreement, at once (entirely) or in two parts, whereby one part must not be less than one month. Parental leave can be used until the child reaches two years of age at the latest; and (4) after the end of parental leave, but at the latest until the child reaches the age of eight, the worker-mother or worker-father will have the right to additional unpaid parental leave for the purpose of caring for the child for a duration of two months individually for one child (three months individually for multiple births). The period of additional parental leave may be transferred between the worker-mother and the worker-father upon prior written declaration of the parent transferring his right, with the exception of one month of the leave, which cannot be transferred between the parents. Parents can use the additional parental leave simultaneously (jointly), consecutively with or without interruption, or combined, based on mutual agreement. Each parent can use the right to additional parental leave at once (in its entirety) or in two parts, whereby one part must not be less than one month. The Committee further takes note of the data provided by the Government on the number of men who have taken up parental leave under the current Law on Labour Relations: 46 men in 2016, 49 men in 2017, 44 men in 2018, 47 men in 2019, 48 men in 2020. 50 men in 2021 and 54 men in 2022. The Committee requests the Government to: (i) indicate if the proposed initial four months parental leave to be taken before the second birthday of the child shall be paid or unpaid; (ii) indicate if adoptive parents will be entitled to maternity, paternity and parental leave on the same basis; and (iii) provide information on the progress achieved in adopting the new Law on Labour Relations and a copy of the law, once adopted, in one of the official languages of the ILO.

Working-time arrangements. With reference to its previous comment, the Committee notes that the Government does not specify: (1) how it is ensured that the prohibition of overtime work or night work for mothers with children under 12 months (section 164(1) of the Law on Labour Relations) does not adversely affect women’s participation in the labour force; and (2) if the benefits provided by section 164(2) of the Law on Labour Relations (which authorizes a mother to work, with her consent, overtime or at night if she has a child from one to three years of age) also applies to men. The Government, however, indicates that the draft new Law on Labour Relations will permit a worker (woman or man) who has a child from one to three years of age, or has a child from three to ten years of age, who is seriously ill or has a physical or mental deficiency, as well as a single parent who takes care of a child up to ten years of age, to work at night or overtime only with their written consent. The Committee further notes the Government’s indication that the new Law on Labour Relations will be amended to introduce the possibility that an employee (woman or man) who has a child up to the age of eight can request to work flexibly for the purpose of caring for that child, in the form of part-time work, adjusted working hours or remote work, in accordance with their needs for providing care for the child and the needs of the employer related to the work process. The Government adds that this shall be subject to negotiation between the employee and the employer, whereby, after the expiration of the agreed period of work with a flexible form, the employee shall return to the form of work he or she was performing before the start of the work in a flexible form, unless the employee and the employer agree otherwise. The Committee requests the Government to: (i) indicate if the new law will continue to prohibit overtime or night work only for mothers with a child under 12 months; (ii) if so, to indicate how it is ensured that this prohibition does not adversely affect women’s participation in the labour force; and (iii) provide information on the progress achieved in the adoption of the draft law.

Social security. The Committee notes the Government’s indication that, in December 2022, it adopted the Social Security Support Programme for women who perform agricultural activities. Through this Programme, female farmers will have the right to compensation in case of being prevented from performing agricultural work due to childbirth. This right for female farmers, who are not covered by the regulations on paid maternity leave in the field of labour relations, is being realized for the first time and will provide a one-time financial support of 81,000 Macedonian denars (approx. €1,300) to women who have the status of insured-individual farmer according to the Law on Pension and Disability Insurance and who cannot take paid maternity leave. The Government further indicates that the Programme is being implemented since 2023 through the Ministry of Agriculture and the Agency for Financial Support for Agriculture and Rural Development. The Committee recalls that women, all too often work in forms of employment which are outside the scope of social security coverage or have limited entitlement to social security and therefore welcomes the introduction of the Social Security Support Programme for women who perform agricultural activities. The Committee requests the Government to provide information on: (i) the application in practice of the above-mentioned Programme, including by indicating the number of beneficiaries; and (ii) onany other measures taken or envisaged to take account of the social security needs of other workers with family responsibilities, such as own-account workers and more generally workers outside the scope of the formal employment relationship.

Article 5. Childcare and family services and facilities. The Committee takes note of the Government’s information on the number of childcare facilities opened between 2015 and 2023: 106 kindergartens and 35 centres for early childhood development were opened, which increased the capacity for caring for children in kindergartens by 7,277 and by 1,590 in childcare centres. The Committee also notes that the proportion of children aged 0 to 6 years, attending pre-school education, is steadily increasing: 24.1 per cent in 2015, 28.3 per cent in 2018 and 31.2 per in 2021, although it notes a decrease in 2022, with 27.2 per cent of participation. The Government further indicates that, in the coming years, it will continue its efforts to increase the network and coverage of childcare facilities by building and opening new kindergartens, making extensions, upgrading and modernizing existing ones. The Committee further notes, from the National Employment Strategy (2021–2027), that efforts will be made towards the expansion of childcare for attracting women to the labour market. In addition, it notes, from the 2012 Country Gender Equality Profile of the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), that: (1) the main barriers for women’s employment and participation in the labour market in North Macedonia are the gendered divisions of the household duties and the burden of providing care for children and the elderly, mainly due to the lack of early childhood education services, especially rural areas; (2) in 2020, 59.3 per cent of inactive women in the age group 20–64 years were inactive due to household duties and responsibilities, while only 2.3 per cent of men were inactive for the same reason; (3) women in rural areas are especially disadvantaged in the labour market due to such factors as the gendered division of labour in the households and the lack of social services that would allow them to (re)enter the labour market, notably the lack of childcare services; and (4) in rural areas, significantly fewer children aged 36–59 months attended early education services (19.9 per cent, compared to 46.6 per cent in urban areas). The 2022 Gender Equality Report of the European Commission (EC Gender Equality Report) further indicates, that because of the high level of poverty and unemployment and the overall limited capacity (in terms of available spaces) and geographically uneven distribution of the kindergarten network, even with such large subsidies and keeping the overall price quite low (starting from about €25 per child per month), only a small percentage of children are in kindergartens. In 2020, 26,589 children were going to a kindergarten – private or public (with or without any particular focus on certain children, for example, some kindergartens are still focused on children with disabilities) - representing a coverage of only 22 per cent. The Committee welcomes these initiatives. Nevertheless, the Committee asks the Government to pursue its efforts and continue to provide information on: (i) the specific measures taken or envisaged to improve access to adequate childcare and family services and facilities, including for workers in rural areas; (ii) the percentage of workers with family responsibilities who avail themselves of childcare and family services, if possible disaggregated by sex; and (iii) the progress made in extending coverage of care services and facilities for other dependent members of the family.

Article 6. Information and education. The Committee notes the Government’s indication that, with the support of civil and international organizations, trainings and workshops are continuously implemented with the aim of increasing awareness of gender equality and issues related to the family and the division of family responsibilities. The Government further refers to the opening of the Resource Centre for Gender-Responsive Policy-Making and Budgeting, in 2022, which conducted 18 trainings on topics related to gender equality for a total of 199 persons trained. However, the Government does not indicate whether these trainings covered the special challenges and rights of workers with family responsibilities. The Committee once again requests the Government to indicate the specific measures taken or envisaged to raise awareness among workers, employers and the general public and promote broader public understanding of the difficulties faced by workers with family responsibilities and of the benefits for society, families and the workplace of a better balancing of work and family life.

Article 7. Integration in the labour market. The Committee notes the Government’s indication that it does not have data on the percentage of women and men who return to work after using maternity and parental leave. The Committee reiterates its request to the Government to: (i) collect statistics, disaggregated by sex, on the number of employees who return to work after taking parental leave; and (ii) provide such information, once collected. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 8. Protection against dismissal. The Committee notes, from the EC Gender Equality Report, that, while section 77 of the Law on Labour Relations protects workers from dismissal while on approved leave for pregnancy, birth or parenthood, including unpaid parental leave, this is not the case for workers with an employment contract concluded for a definite period of time. These contracts are concluded for an established duration, usually for one year, and are automatically renewed until they have been terminated by one or both parties. This has been used by employers to not renew an ending fixed-term contract with women while they are on maternity leave. Employers will just notify the female worker that they do not want to renew the contract. In this way, the worker is not fired, but her contract has ‘merely’ expired and is not being renewed. The European Commission considers that it is a cause for serious concern. The Committee requests the Government to ensure that the new Law on Labour Relations will include the necessary safeguards to prevent situations where the non-renewal of a fixed-term contract is related to pregnancy, childbirth or nursing, for example by shifting the burden of proving that the reasons for the non-renewal is unrelated to pregnancy, childbirth and its consequences or nursing, to the employer.Once again, the Committee asks the Government: (i) to take the necessary steps to compile statistics, disaggregated by sex, on the number of men and women workers who have been dismissed due to their family responsibilities; and (ii) to provide information on any judicial or administrative decisions relating to employment discrimination on the grounds of family responsibilities, including under sections 71(4), 77(3) and 101 of the Labour Relations Law.

Article 11. Cooperation with employers’ and workers’ organizations. The Government states that the draft Law on Labour Relations was elaborated after consultation with social partners. The Committee refers to its General Observation of 2020, in which it highlighted the important role that national mechanisms on gender equality, business associations, trade unions and other non-governmental associations can play in promoting the aims of the Convention through research, training, awareness-raising and exchange of lessons learned and good practices. Examples of such action it has noted, include such things as the establishment of a paternity website aimed at promoting equitable gender relations and men’s participation in care tasks, the setting up of a national task force on the integration of work and family life, and family-friendly company certification systems providing positive recognition to enterprises which adopt family friendly measures for their workers. The Committee therefore once again requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Enforcement. The Committee notes the Government’s indication that, according to the available information, there are no court decisions relating to the discrimination of workers with family responsibilities. The Government does provide information on cases dealt with by the Commission for Prevention and Protection of Discrimination (CPPD), received in 2023, including 3 petitions for protection against discrimination related to family obligations in the field of work and labour relations. In one of the petitions, the CPPD determined indirect intersectional and prolonged discrimination based on sex, gender, belonging to a marginalized group and personal characteristics and social status, and in connection with pregnancy, birth and parenthood, while for the other two petitions, proceedings are still ongoing. are in progress. The Committee further notes, from the 2022 EC Gender Equality Report that published surveys and reports on workers and gender equality in the labour relations area do not address work-life balance issues. The Committee requests the Government to continue providing information on any judicial or administrative decisions or labour inspection reports relating to employment discrimination on the grounds of family responsibilities, including under the Labour Relations Law and the LPPD. It also once again requests it to provide information on any studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice.

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

Article 3 of the Convention. National policy. In its previous comment, the Committee had asked the Government to provide information on the implementation of section 6(1) (prohibition of discrimination on the basis of family responsibilities) and section 8 (special rights of parents, adoptive parents and dependants not considered as discrimination) of the Labour Relations Law. It had also requested information with regard to the measures taken or envisaged under the National Action Plan for Gender Equality 2007–12, to assist workers in balancing their work and family responsibilities. In its report, the Government indicates that the Law of 23 January 2013 to amend and supplement the Labour Relations Law (Law No. 13/13) introduces section 9b in order to prohibit all forms of discrimination against a woman worker due to pregnancy, giving birth and parenting, regardless of the duration and type of the employment contract (section 9b(1)) and extends protection to access to employment, working conditions, and the rights arising from an employment contract or termination of employment contract (section 9b(2)). The Government also indicates that section 25 of Law No. 13/13 was amended with the aim to prohibit the employer, when concluding an employment contract with a woman worker, from enquiring about her marital status and family planning intentions, or from requesting documents not directly linked to employment, such as those relating to pregnancy. The Committee notes the adoption of a new National Equality and Non-discrimination Strategy (2016 20), a National Action Plan for the Implementation of the Law on the Prevention and Protection against Discrimination (2015–20), and a Strategy for introducing gender-responsive budgeting (2012 17). The Committee asks the Government to provide information on the concrete measures taken or envisaged under the above national strategies and plans with a view to enabling men and women with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their work and family responsibilities. It also asks the Government to provide information on any judicial or administrative decisions relating to employment discrimination on the ground of family responsibilities, including under the Labour Relations Law.

Article 4. Leave entitlements. Previously, the Committee had asked the Government to indicate whether any consideration has been given to extend the “maternity” leave entitlement (nine months’ paid leave under section 165) to men employees on an equal footing with women employees. It had additionally requested the Government to confirm that the father or the adoptive parent is also entitled (under section 170 of the Labour Relations Law) to salary compensation during “maternity” leave. In its report, the Government states that section 170 applies to fathers and adoptive parents only if the woman employee is not using the “maternity” leave. The Government further states that the Law of 30 December 2013 to amend and supplement the Labour Relations Law (Law No. 187/13) provides that a female worker with a possibility to unpaid leave (after “maternity” leave) until the child reaches the age of 3 and in total for a duration of three months (section 170a, as amended). Furthermore, the Law of 5 March 2015 to amend and supplement the Labour Relations Law (Law No. 33/15) further amends section 170 in order to regulate that, if the fixed-term contract of an employee expires in the course of “maternity” leave, the salary compensation shall extend to the end of such leave (section 170(2), as amended). The Committee also notes the information provided by the Government that the General Collective Agreement for the Public Sector provides employees, both men and women, with paid leave (up to seven working days during a calendar year) in specific situations, including the birth or adoption of a child (two days) and care for a child with disabilities (three days). Noting that the title of section 170a is “Unpaid parental leave”, the Committee asks the Government to confirm that a father or adoptive parent is entitled to unpaid leave under this section of the Labour Relations Law. Noting that, even though “maternity” leave is available to both mothers and fathers, women are most often the ones that take this leave in practice, the Committee asks the Government to communicate statistical information on the percentage of men who effectively take “maternity” leave. It further requests the Government to indicate the measures taken or envisaged to raise awareness among workers, employers and the general public about the benefits of work–family balance.

Working-time arrangements. The Committee recalls its previous comments that section 164(1) of the Labour Relations Law prohibits an employed woman who is pregnant or with a child up to the age of 1 from working overtime or at night, but authorizes her to work, with her consent, overtime or at night if she has a child from 1 to 3 years of age (164(2)). It also recalls that men employees may enjoy the same entitlements (under section 164(1) and (2)) only in specific cases (section 164(3)). The Committee also notes from the Government’s report that the Collective Agreement for the Ministry of Interior provides rights and entitlements to workers with family responsibilities in the case of overtime work or night work in accordance with sections 164(1) and (2) of the Labour Relations Law but it does not indicate whether these entitlements also apply to men employees. The Committee wishes to recall that when legislation, collective agreements or other measures reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces stereotypes regarding the roles of women and men in the family and in society. The Committee asks the Government to take the necessary measures to ensure that rights and benefits of workers with family responsibilities are available to men and women on an equal footing, in particular, that prohibition of overtime work or night work for 12 months (section 164(1)) does not adversely affect women’s participation in the labour force and that rights and benefits under section 164(2) are also available to men. It also reiterates its request to the Government to provide information on the application of any flexible working time arrangements which are available to men and women on an equal footing.

Social security. Noting that the Government has not provided information in its report on the family pension benefits specifically provided for workers with family responsibilities or on any other measures taken or envisaged to take account of the social security needs of workers with family responsibilities, the Committee reiterates its request to provide such information.

Article 5. Childcare and family services and facilities. The Committee recalls that it had asked the Government to indicate the progress made in extending the coverage of care services and facilities for children and other dependent members of the family. In its report, the Government states that kindergartens and early childhood development centres have been considerably extended: in the period from 2008 to 2015, 14 public kindergartens and 26 private kindergartens have been opened. The Government also indicates that, the Law on Child Protection of 2013, provides that childcare and education of pre-school children may be offered by a specialized agency (two agencies were registered in 2014) or by an individual in the context of a professional activity. In addition, pursuant to the 2015 amendments to the Law on Child Protection, kindergartens and early childhood development centres may be also created by legal entities for the needs of their employees, as part of a high education institution or a private school (six kindergartens were opened as part of legal entities in 2015). The Committee takes due note of the efforts made by the Government in developing childcare and education services, and notes the detailed statistics on the number of such facilities in the Government’s report. The Committee asks the Government to continue to provide information on the specific measures taken or envisaged to improve access to adequate childcare and family services and facilities. It once again requests the Government to indicate the percentage of workers with family responsibilities who avail themselves of childcare and family services, disaggregated by sex, as well as the progress made in extending coverage of care services and facilities for other dependent members of the family, as well as the results achieved.

Article 6. Information and education. The Committee notes the absence in the Government’s report of information on the measures taken or envisaged to promote greater awareness and public understanding of the principle of gender equality and work and family issues, and once again asks the Government to provide such information.

Article 7. Integration in the labour market. Noting that the Government has not provided information on the measures taken or envisaged to enable men and women workers with family responsibilities to become and remain integrated in the labour force as well as to re-enter the labour force after an absence due to family responsibilities, the Committee reiterates its request to the Government to provide such information. It once again asks the Government to provide statistics, disaggregated by sex, on the number of employees who return to work after taking parental leave under section 166(3).

Article 8. Protection against dismissal. The Committee notes the information provided by the Government that the Commission for Protection against Discrimination has no legal obligation to keep records on the number of cases relating to dismissal of workers due to their family responsibilities that have been dealt with by the competent authorities. Recalling the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, the Committee encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the number of men and women workers who have been dismissed due to their family responsibilities. It once again asks the Government to provide information on any judicial or administrative decisions relating to employment discrimination on the grounds of family responsibilities, including under sections 71(4), 77(3) and 101 of the Labour Relations Law.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes that the Economic and Social Council is the principal national tripartite body for the promotion of social dialogue. The Committee once again requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.

Enforcement. Noting that the Government has not provided information on any studies, surveys or reports, or on any judicial decisions and cases dealt with by the labour inspection services, that may enable the Committee to assess how the principles of the Convention are applied in practice, the Committee reiterates its request to provide such information.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Application to all categories of workers. The Committee notes the Government’s indication that the measures undertaken in the national legislation shall pertain to all business activities and shall cover all the categories of workers.

Article 3. National policy. The Committee notes that section 6(1) of the Labour Relations Law prohibits unequal treatment of the employee or the jobseeker on various grounds, including family status, while section 8 of the same Law provides that the provisions related to the special rights of parents, adoptive parents and dependents may not be considered a basis for discrimination. It also notes that sections 3 and 6 of the Law on Prevention and Protection against Discrimination of 8 April 2010 define direct and indirect discrimination based on various grounds including sex, gender, family or marital status, and that section 3 of the Law on Equal Opportunities of Women and Men prohibits discrimination based on gender. The Committee further notes the National Action Plan for Gender Equality 2007–12, which does not specifically refer to the equitable sharing of family responsibilities between women and men, or reconciliation of professional and family life. The Committee asks the Government to provide information on the practical application of sections 6(1) and 8 of the Labour Relations Law, with a view to preventing discrimination for the reason of family responsibilities. It also asks the Government to provide information on any measures taken or envisaged, including under the National Action Plan for Gender Equality, to enable persons with family responsibilities to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

Article 4. Leave entitlements. The Committee notes that according to the Labour Relations Law, the female employee has the right to nine months’ paid leave in the period of her pregnancy, childbirth and maternity (and in the case of multiple births, the leave period is for one year) (sections 165(1), 166(2) and 170); and the female employee, who adopts a child, has the right to paid leave until the child reaches 9 months of age (and if she adopts more than one child, the leave period is for one year (section 165(6)). The child’s father or adoptive parent, however, is entitled to parental leave only when the female employee does not use the parental leave under section 165 (section 167). The Committee asks the Government to indicate any consideration given to extend the parental leave entitlement for male employees on an equal footing with female employees. It also asks the Government to confirm that the father or the adoptive parent is entitled to salary compensation under section 170 of the Labour Relations Law.

Working time arrangements. The Committee notes that under the Labour Relations Law, the female employee must not work overtime or at night during her pregnancy or until a child reaches 1 year of age (section 164(1)); the female employee with a child from 1 to 3 years of age, may be ordered to work overtime or at night with her previous written consent (section 164(2)); for the male employee, who is the father of the child or who is looking after the child, however, the entitlements under section 164(1) and (2) are limited only to cases when the mother dies, abandons the child, or if the competent medical board, in line with health insurance regulations, believes that the mother is incapable of living and working independently (section 164(3)). In addition, one of the single parents of a child under the age of 7, or severely ill child or child with physical or mental disabilities may be ordered to work overtime or at night only with his/her previous written consent (section 164(4)); and one of the parents of a child with development problems and special educational needs shall be entitled to work half of the full working time (section 169). The Committee asks the Government to provide information on how it is ensured that the total prohibition of overtime work or night work by a female employee who is pregnant or with a child under 1 year of age under section 164(1) of the Labour Relations Law does not adversely affect women’s participation in the labour force. It also asks the Government to provide information on any flexible working time arrangements, other than those provided for under sections 164(4) and 169 of the Labour Relations Law, which are available to men and women on an equal footing.

Social security. The Committee notes the Government’s indication that family pension, according to sections 70–81 of the Pension and Disability Insurance Law, is one of the social security benefits provided for workers with family responsibilities. The Committee asks the Government to provide information on the family pension benefits which are specifically provided for workers with family responsibilities, as well as on any other measures taken or envisaged to take account of the needs of workers with family responsibilities in social security.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that section 10 of the Law on Child Protection provides for public and private kindergartens, and that while some of the bigger companies have kindergartens within their premises, the number of such institutions is very low. The Committee also notes from the basic data on public institutions for care and education of children, which is attached to the Government’s report, that the number of children who were not accepted at the public institutions, due to full capacity of those institutions, increased in 2010 compared to the previous year. The Committee asks the Government to provide further information, including statistics, on men’s and women’s access to public and private childcare and other care facilities. Please also provide information on any measures taken or envisaged to improve access to adequate childcare and family services and facilities, indicating the progress made in extending coverage of care services and facilities for other dependent members of the family, as well as the results achieved thereof.

Article 6. Information and education. The Committee requests the Government to indicate the authorities and bodies responsible for information and education on equality of men and women workers, and regarding workers with family responsibilities, and to provide detailed and specific information on the action taken by them to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities, as well as the results achieved by such measures.

Article 7. Integration in the labour market. The Committee notes that pursuant to section 166(3) of the Labour Relations Law, at the end of parental leave, the employee shall have the right to return to the same post or, if that is not possible, to an appropriate place according to the conditions of the employment contract. The Committee asks the Government to provide statistical information on the number of employees who return to work after taking parental leave. Please also provide information on other measures taken or envisaged, including in the field of vocational guidance and training, to enable male and female workers with family responsibilities to become, and remain, integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal. The Committee notes that pursuant to the Labour Relations Law, the employer must not terminate the employment contract of the female employee during the period of pregnancy, childbirth and parenthood or absence for the purpose of taking care of children (section 101(1)), and the protection also applies to the child’s father or the adoptive parent who is entitled to parental leave under section 167 of the same Law (section 101(2)). It also notes that section 77 of the Labour Relations Law provides for unfounded reasons for termination, which includes approved absence from work due to pregnancy, childbirth, parenthood and care for a family member (section 77(3)), and that section 71(4) of the same Law provides that the termination of the employment contract which puts, directly or indirectly, the employee in less favourable position based upon any of the grounds stipulated in section 6 of the Law shall be null and void. The Committee asks the Government to provide information on any cases concerning sections 71, 77 and 101 of the Labour Relations Law relating to discriminatory dismissal of workers for the reason of their family responsibilities dealt with by the competent authorities.

Article 9. Collective agreements. The Committee notes that section 170 of the Labour Relations Law on the salary compensation during parental leave also refers to collective agreements. The Committee asks the Government to supply copies of any provision, including on parental leave, in collective agreements, if available, which would assist workers in reconciling their work and family responsibilities.

Article 10. The Committee notes that The former Yugoslav Republic of Macedonia has apparently not made use of the possibility to apply the Convention by stages.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.

Parts III–V of the report form. The Committee notes the Government’s indication that supervision over application of the Convention is conducted by the Ministry of Labour and Social Policy. The Committee asks the Government to provide information on any studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice, as well as any related judicial decisions, and cases of infringement reported to, or detected by, the labour inspection services.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report and the extensive legislation attached thereto, most of which is in the national language and not yet available in any of the official working languages of the Office. The Committee notes, however, that the Government’s report provides very little or no information in reply to many of the questions raised in Part II of the report form approved by the Governing Body regarding the application of the specific Articles of the Convention, nor any information on Parts III to V of the report form. The Committee will examine the legislative texts, as soon as a translation has been obtained. Awaiting translation of the legislative texts, the Committee asks the Government to provide additional information in reply to all the questions raised in Parts II, III, IV and V of the report form approved by the Governing Body, with an indication of the specific provisions of the legislation that was attached to the Government’s first report that are relevant. Please provide all relevant information, including reports, statistics, disaggregated by sex, administrative regulations, collective agreements, and court decisions which give effect to the Convention, allowing the Committee to assess how the Convention is being applied in practice.