Explore workers' rights and legal protections in Macedonia
In North Macedonia, the Labor Law outlines the permissible reasons for termination by an employer. These include economic, technological, or structural reasons such as redundancy due to circumstances beyond the employer's control. Other reasons include employee incapability, breach of contract or work obligations, and other legal grounds such as the cessation of the employer's activities.
In certain termination scenarios, North Macedonian law mandates severance pay. This applies to dismissal due to economic, technological, or structural reasons, where the amount of severance pay depends on the employee's length of service and is calculated based on the employee's average salary. The law also mandates severance pay in specific circumstances, such as the termination of a pregnant employee or an employee on maternity leave.
The law in North Macedonia stipulates minimum notice periods for employment termination. For employer termination, a minimum of one month's notice is required. Two months' notice is needed in the case of terminating more than 150 employees or 5% of the total workforce. Employees, on the other hand, must provide a one-month notice period. Notice periods may be extended by contract or collective bargaining agreements, but cannot be shorter than the legal minimums.
Specific procedures for employment termination are prescribed by North Macedonian law. Termination must be communicated in writing, stating the reason and providing evidence to justify the dismissal. Employees also have the right to challenge the termination through legal channels if they deem it unfair or unjustified.
North Macedonia has a comprehensive legislation in place to combat discrimination in various aspects of life. The primary law is the Law on Prevention of and Protection against Discrimination, which was adopted in 2020.
The law explicitly prohibits discrimination on a wide range of grounds, including but not limited to race, skin color, national or ethnic origin, sex, gender, sexual orientation, gender identity, language, nationality, social origin, education, religion or religious belief, political conviction or belief, disability, age, family or marital status, property status, health status, personal characteristic, and social status.
Individuals who experience discrimination have several channels through which they can seek redress:
Employers in North Macedonia have a proactive duty to prevent discrimination in the workplace. This includes:
The Law on Labor Relations of the Republic of North Macedonia establishes the framework for working conditions in the country.
The maximum workweek is 40 hours, with a maximum of 8 hours per day. Employers can require overtime work, but it's limited to 8 hours per week and 190 hours per year. Overtime pay is at least 150% of the regular hourly rate. Work between 10 PM and 5 AM is considered night work and often entails additional compensation.
Employees are entitled to a rest break of at least 30 minutes after working for 6 continuous hours. They also have the right to a weekly rest period of at least 24 consecutive hours. Workers are entitled to a minimum of 20 working days of annual leave, increasing up to 26 days based on years of service.
While there aren't extensive, specific ergonomic laws in North Macedonia, the Law on Occupational Safety and Health mandates these general provisions:
Employers must provide a workplace that minimizes risks to employee health and safety. This includes considering potential ergonomic hazards. Employers must conduct risk assessments to identify and address potential workplace hazards, including ergonomic risks like repetitive strain or awkward postures. Employers should provide training on safe working practices, which can include ergonomic principles to prevent injuries.
In North Macedonia, worker well-being is prioritized through a robust health and safety framework. This framework outlines employer obligations, employee rights, and enforcement mechanisms.
The Law on Occupational Safety and Health (OSH Law) (Official Gazette of the Republic of North Macedonia No. 92/07) establishes core employer responsibilities:
Employees in North Macedonia possess vital rights regarding workplace health and safety:
The primary entity responsible for enforcing OSH regulations is the State Labour Inspectorate under the Ministry of Labour and Social Policy. They conduct workplace inspections, investigate complaints, and have the power to issue fines for non-compliance.
This guide offers a general overview. It's advisable to consult the official OSH Law and seek professional guidance for industry-specific regulations.
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