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.

Severance Pay

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.

Notice Requirements

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.

Procedural Requirements

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.

Protected Characteristics

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.

Redress Mechanisms

Individuals who experience discrimination have several channels through which they can seek redress:

• Commission for Protection against Discrimination: This is an independent body established by the law. It investigates discrimination complaints, issues decisions, and can impose sanctions on violators.
• Civil Courts: Victims of discrimination can file lawsuits in civil courts, seeking compensation for damages or other remedies.
• Ombudsman: The Ombudsman of North Macedonia can also receive and investigate complaints of discrimination.

Employer Responsibilities

Employers in North Macedonia have a proactive duty to prevent discrimination in the workplace. This includes:

• Non-Discrimination Policies: Employers are required to develop and implement clear policies that prohibit discrimination and harassment based on protected characteristics.
• Training: Employers are expected to provide regular training to employees on anti-discrimination laws, policies, and how to create an inclusive workplace.
• Complaint Procedures: Employers must establish accessible mechanisms for employees to report discrimination or harassment incidents, with clear investigation and resolution processes.
• Reasonable Accommodation: Employers are also required to provide reasonable accommodations for employees with disabilities or other needs related to protected characteristics.

The Law on Labor Relations of the Republic of North Macedonia establishes the framework for working conditions in the country.

Work Hours

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.

Rest Periods

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.

Ergonomic Requirements

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.

Employer Obligations

The Law on Occupational Safety and Health (OSH Law) (Official Gazette of the Republic of North Macedonia No. 92/07) establishes core employer responsibilities:

• Risk Assessment and Prevention: Employers must proactively identify and mitigate workplace hazards through risk assessments. This includes potential chemical, physical, biological, and ergonomic risks.
• Safe Work Environment: Employers are obligated to furnish a safe work environment with appropriate equipment and personal protective gear (PPE) to minimize health and safety risks.
• Information and Training: Providing employees with clear information and training on workplace safety procedures, hazard identification, and proper use of PPE is mandatory.
• Health Monitoring: In certain high-risk occupations, employers might be required to facilitate health examinations for employees.

Employee Rights

Employees in North Macedonia possess vital rights regarding workplace health and safety:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable risks to their health and safety.
• Right to Information and Training: Employees are entitled to receive comprehensive information and training on safety procedures and potential hazards in their workplace.
• Right to Refuse Unsafe Work: Employees have the right to refuse work deemed unsafe and unhealthy, without jeopardizing their job security.
• Right to Report Violations: Employees can report suspected health and safety breaches to the relevant authorities without fear of retaliation.

Enforcement Agencies

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.