Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Macedonia del Norte (Ratificación : 1991)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 27 September 2023 and 17 September 2024, denouncing: (i) acts of interference by employers in the activities of trade unions; (ii) acts of anti-discrimination, including dismissal, against trade union representatives; and (iii) the non-recognition of the representative status of the Confederation of Free Trade Unions of Macedonia (KSS); of the Federation of Trade Unions of Macedonia (CCM) received on 14 October 2024; and of the Union of Police in Macedonia (SPM) received on 14 October 2024, denouncing acts of anti-discrimination against its representatives. The Committee requests the Government to provide its comments in this regard.

The Committee further notes the observations of the International Organisation of Employers (IOE) received on 1 September 2023 concerning the discussions that took place at the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) in 2023 with respect to the application of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111 th Session, June 2023)

The Committee notes the discussion which took place in June 2023 at the Conference Committee concerning the application of the Convention by North Macedonia. The Committee observes that the Conference Committee, after noting with concern the multiple acts of anti-union discrimination reported in the country, urged the Government, in consultation with the social partners, to: (i) ensure that workers enjoy their rights under the Convention and are protected against acts of anti-union discrimination; (ii) ensure that workers’ and employers’ organizations enjoy adequate protection against any external acts of interference in their establishment, functioning or administration; (iii) ensure that existing and prospective legislation is in conformity with the Convention; (iv) respect the collective agreements reached between social partners, in both the private and public sectors, and take appropriate measures to implement their results; (v) ensure the proper functioning of the Commission for Representativeness so that the procedures for recognizing the KSS in the public sector are activated as soon as possible in accordance with national legislation, in order to ensure the full participation of the KSS in social dialogue and to guarantee the right of its members to organize collectively; (vi) communicate to the Committee of Experts the factors that have led to the increase in the rate of coverage by collective bargaining, as well as information on the provisions regulating the relationship between general and specific collective agreements in the private and public sectors; (vii) continue to provide the Committee of Experts with information on the application of the Convention in practice, including statistical data on the number of collective agreements concluded in the public and private sectors and the number of workers covered. The Conference Committee also invited the Government to avail itself of ILO technical assistance to ensure full compliance with its obligations under the Convention in law and practice.

The Committee notes that: (i) the Direct Contacts Mission (DCM) requested by the Conference Committee took place in October 2023; (ii) the DCM was informed of the progress made in the elaboration of a new Law on Labour Relations, initiated many years ago, and exchanged views on it with the public institutions and the social partners; and (iii) at the request of the Government, an up-to-date version of the draft law was the subject of technical comments by the Office in September 2024. The Committee welcomes the fact that the Government has continued to avail itself of the technical assistance of the Office in the ongoing legislative review and requests the Government to provide a copy of the law as soon as it is adopted. The Committee hopes that the content of the law will take into account the present comments and the guidance from the Office so as to ensure its full conformity with the ILO Conventions on freedom of association and collective bargaining in force in the country.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes the DCM’s conclusion that while the legislation, and in particular section 200 of the Labour Relations Act (which provides protection against acts of anti-union discrimination by requiring authorization by the trade union concerned prior to the dismissal of a trade union representative), appears to be in line with the ILO instruments on the protection against anti-union discrimination, it seems that this provision is not understood and applied consistently by the courts and the labour inspectorate. The DCM further noted that the absence of a functioning fast-track procedure to prioritize cases of anti-union discrimination and an excessive workload on the shoulders of the courts generate undue delays in the resolution of these cases. Recalling the fundamental importance of ensuring swift and effective protection against anti-union discrimination, the Committee requests the Government to take the necessary measures, including of a legislative and budgetary nature if necessary, to address the noted shortcomings in protection against anti-union discrimination and to provide information on its results. It further requests the Government to: (i) clarify through trainings and other measures the meaning and scope of section 200 of the Labour Relations Act in line with ILO standards; (ii) consider the establishment of a prioritized/fast-track procedure for anti-union acts; and (iii) address the broader issue of the workload of courts through different proactive actions, including the development and promotion of mechanisms for the amicable resolution of conflicts.

Article 4 of the Convention. Promotion of collective bargaining. Commission for Representativeness. The Committee notes the ITUC’s observations alleging that the current set-up of the Commission for Representativeness seemed to have a built-in conflict of interest as it allowed trade unions (and employers’ organizations) that have a seat on the Commission to consider the representativeness of other applicant trade unions (and employers’ organizations), and the inability of the KSS to be recognized as a representative organization in the public sector was due, in part, to this set-up of the Commission. The Committee notes the Government’s indication that: (i) in September 2023, new members were appointed to the Commission for Representativeness. The Commission is composed of nine members which includes: one representative from each of the Ministry of Labour and Social Policy, the Ministry of Justice and the Ministry of Economy; three representatives appointed by the representative associations of employers (Organization of Employers of Macedonia (OEM)); and three representatives appointed by the representative trade unions (CCM); (ii) according to the Commission, five sessions were scheduled during 2023, but only three sessions were held; (iii) during 2024, five sessions were scheduled, but due to lack of quorum, not a single session was held; (iv) at the sessions that were held, the requests that had proper and complete documentation, in accordance with the Law on Labour Relations, were reviewed. The Committee takes due note of these different elements. The Committee recalls the Conference Committee’s request to the Government to ensure the proper functioning of the Commission for Representativeness, in particular with respect to procedures for recognizing the KSS in the public sector, and highlights the DCM’s specific recommendations in this respect. The Committee reiterates the importance of ensuring, in systems where the social partners’ capacity to bargain collectively is subject to compliance with certain criteria, that the determination of bargaining agents should be carried out by a body offering every guarantee of independence and objectivity. In the light of the foregoing information, the Committee considers that, in a context of trade union pluralism such as exists in North Macedonia, where there are several large trade union federations, the presence of only one of the aforementioned trade union federations on the committee responsible for deciding on the representativeness of the social partners does not guarantee the impartiality of the work of the committee concerned, which raises problems of compatibility with the Convention. Based on the above, the Committee requests the Government to: (i) review the composition of the Commission for Representativeness and its procedures to ensure its impartiality in line with ILO standards; and (ii) ensure that the KSS application for representativeness in the public sector will be addressed as soon as possible in accordance with the principle of impartiality referred to above.

Collective bargaining at the company level. The Committee notes the observations of the DCM concerning the lack of dynamism of collective bargaining in the private sector and the absence of trade unions in many private companies. In this respect, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), concerning the fact that, under the Law on Labour Relations currently in force, enterprise-level trade unions need to obtain an approval from a higher-level union in order to obtain legal personality. Recalling the importance of the capacity of workers to freely choose the organizations through which they can exercise their right to collective bargaining and that collective bargaining should be possible at all levels, the Committee observes that the aforementioned need to obtain higher level union approval in order to obtain legal personality for company unions poses an obstacle to the free and voluntary collective bargaining enshrined in Article 4 of the Convention. The Committee therefore expects that the current revision of the Law on Labour Relations will ensure that the right of workers to freely choose the union representing them in company level bargaining is fully respected. The Committee requests the Government to provide information in this respect.

Articulation between the different levels of collective bargaining. In its previous comment, the Committee requested the Government to provide information on the provisions regulating the relationship between general and specific collective agreements in the private and public sectors. The Committee notes the Government’s indication that even if not explicitly stipulated in the law, in practice, the principle of favourability is applied between different types of collective agreements, meaning that lower level collective agreements may provide for more favourable conditions to the workers.

Collective bargaining in practice. The Committee previously noted a sharp rise in the number of workers covered by collective agreements between 2019 and 2021 and requested the Government to indicate the factors that led to this increase and to continue providing information on the application of the Convention in practice. The Committee notes the Government’s indication that: (i) general collective agreements apply immediately and are mandatory for all employers and employees in the private or public sector, which is the reason for full coverage of employees in the public and private sector with a collective agreement; (ii) individual enterprise level collective agreements are binding – they apply to all workers of the employer. Finally, the Committee notes with interest the Government’s indication that: (i) on 18 July 2023, it signed a new General Collective Agreement for public sector employees with the representative Union of Public Sector Employees (as part of the representative CCM), which covers over 130,000 employees; (ii) at this moment, in addition to the General Collective Agreement for employees in the public sector and the General Collective Agreement for the private sector of the economy, there are 20 branch collective agreements in force; and (iii) according to the data provided by the social partners, 146 collective agreements have been concluded at the employer level. The Committee requests the Government to continue providing information on the application of the Convention in practice, including statistical data concerning the number of collective agreements concluded in both the public and private sectors and the number of workers covered.

The Committee finally notes the Government’s indication that, in cooperation with the National Coordinator of the ILO in North Macedonia and with the ILO office in Budapest, it was carrying out activities to implement the recommendations of the DCM related to the prevention of anti-union discrimination; the status of unions at the enterprise level; the importance and application of collective agreements; the functioning of the Commission for Representativeness; and the systematic consultation of the Economic and Social Council. The Committee takes due note of these developments and requests the Government to continue providing information on any activities conducted to improve the application of the Convention in North Macedonia.