Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre los trabajadores con responsabilidades familiares, 1981 (núm. 156) - Macedonia del Norte (Ratificación : 1991)

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.