In North Macedonia, the Labor Law outlines specific grounds under which an employment contract can be lawfully terminated. These grounds can be categorized into employee-related reasons and employer-related reasons.

Employee-Related Reasons for Termination

• Failure to fulfill work duties and tasks, even following a formal written warning.
• Serious violations of work discipline or workplace order, even following a written warning.
• Misuse of sick leave.
• Breach of confidentiality.

Employer-Related Reasons for Termination

• Economic, technological, or organizational changes within the company that necessitate a reduction in workforce.
• Cessation of business operations.

Notice Requirements

North Macedonia mandates minimum notice periods that both employers and employees must adhere to when terminating an employment contract:

• Employer-Initiated Termination: The standard notice period is one month. This can increase to two months if the termination affects more than 150 employees or at least 5% of the total workforce.
• Employee-Initiated Termination: Employee-initiated resignations require a one-month notice period.
• Seasonal Employees: Employers terminating seasonal employees must provide a seven-working-day notice period.

It's important to note that employment contracts or collective agreements may stipulate longer notice periods, but they cannot be shorter than those outlined in the law.

Severance Pay

Employees in North Macedonia are entitled to severance pay if the termination is initiated by the employer for economic, technological, or organizational reasons. The severance pay amount depends on the employee's length of service:

• Up to 5 years: One month's salary.
• 5 to 10 years: Two months' salary.
• 10 to 15 years: Three months' salary.
• 15 to 20 years: Four months' salary.
• 20 to 25 years: Five months' salary.
• Over 25 years: Six months' salary.

North Macedonia's primary anti-discrimination law is the Law on Prevention and Protection from Discrimination (2019). This law offers robust protections against discrimination in most areas of life.

Protected Characteristics

The law explicitly prohibits discrimination based on several characteristics, including race, skin color, national or ethnic origin, sex, gender, sexual orientation, and gender identity. It also protects against discrimination based on belonging to a marginalized group, language, nationality, religion or religious belief, political conviction or other beliefs, disability, age, family or marital status, property status, health status, personal capacity, social status, and any other grounds.

Redress Mechanisms

Individuals who experience discrimination have several avenues for redress. The primary mechanism is a complaint to the independent Commission for Protection from Discrimination, which has the power to investigate, mediate, and issue sanctions against those who violate the law. Victims of discrimination may also file a complaint with the Ombudsman, an independent human rights institution that can investigate complaints and make recommendations to relevant authorities. Additionally, individuals can choose to take legal action in the courts, seeking remedies such as compensation, reinstatement, or an end to discriminatory practices.

Employer Responsibilities

Employers play a crucial role in preventing discrimination in the workplace. The law places several responsibilities on employers. They must develop and implement clear policies prohibiting discrimination and harassment, which should be communicated to all employees. Employers are encouraged to provide training on anti-discrimination law and workplace diversity for all employees, especially managers and supervisors. They must also establish clear procedures for employees to report discrimination or harassment, protecting the confidentiality of those reporting and ensuring prompt investigations and corrective action. Furthermore, employers have an obligation to take proactive measures to prevent discrimination in hiring, promotion, and pay.

The Law on Prevention and Protection from Discrimination mandates the harmonization of other laws with its principles, ensuring comprehensive anti-discrimination protection across various sectors of Macedonian society.

In North Macedonia, labor laws have been established to outline the basic working conditions for employees. These laws cover aspects such as work hours, rest periods, and ergonomic requirements.

Work Hours

The standard workweek in North Macedonia is 40 hours, with a maximum of 8 hours per day. However, variations may occur depending on the employment contract or specific industry regulations. Overtime work is permitted but is limited to a maximum of 20 hours per week. Overtime pay is mandated at a rate of 1.5 times the regular hourly rate.

Rest Periods

Employees are entitled to a minimum break of at least 30 minutes after working for 6 hours continuously. Additionally, employees are entitled to paid annual leave, with the specific number of days depending on factors such as length of service and industry.

Ergonomic Requirements

While North Macedonia’s labor laws do not explicitly mention detailed ergonomic requirements, employers have a general duty to ensure the safety and health of their employees in the workplace. This could include providing ergonomic workstations and training employees on safe work practices to prevent musculoskeletal disorders.

North Macedonia prioritizes worker well-being through a framework of health and safety regulations. Understanding these regulations is crucial for both employers and employees.

Employer Obligations

The Occupational Safety and Health Act of 2007 forms the cornerstone of workplace health and safety regulations in North Macedonia. Employers hold significant responsibility under this act, including:

• Risk Assessment: Identifying and evaluating potential hazards in the workplace.
• Implementing Control Measures: Taking steps to eliminate or minimize risks, prioritizing engineering controls over personal protective equipment (PPE).
• Providing Training and Information: Ensuring employees receive proper training on health and safety procedures specific to their roles.
• Maintaining a Safe Working Environment: This includes providing and maintaining appropriate equipment, ensuring proper ventilation and lighting, and offering hygienic facilities.

Employee Rights

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

• Right to a Safe Workplace: The constitution itself guarantees the right to protection at work (Article 32).
• Right to Information and Training: As mentioned earlier, employees have the right to receive training on health and safety measures.
• Right to Refuse Unsafe Work: Employees can refuse tasks they believe pose a serious threat to their health and safety, provided they haven't been adequately informed of the risks.

Enforcement Agencies

The Ministry of Labour and Social Policy (MoLSP) is the primary government body responsible for enforcing health and safety regulations. They achieve this through:

• Inspections: Authorized labor inspectors conduct regular workplace inspections to ensure compliance.
• Issuing Orders: Inspectors can issue orders requiring employers to rectify safety violations.