Referencias
Labour Relations Act [LRA], 2005 (Official Gazette of the Republic of Macedonia No. 62/2005), last amended in 2015 with Law No 72/2015<br/>The link provided is in Macedonian, consolidated version.
Fecha:
1 Jan 1970;
ver la pagina web
»
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
Categorías de trabajadores excluidas: personal de vuelo, gente de mar
Art. 4(5): the LRA covers all employees except maritime personnel, maritime trade companies, members of the crew of the aircraft and foreigners employed in railway companies registered abroad.
CDD regulados: Si
Art. 46 LRA.
Razones de utilización legítima de CDD: sin restricción
The LRA does not set out any limitation as to the reasons for concluding FTCs. Art. 46(2) states that a fixed term contract concluded for the replacement of a temporary absent employee can be concluded until his/her return.
Note, that prior to the reform in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008], the LRA limited the use of FTC to the performance of work temporary in nature.
Número máximo de CDD consecutivos: sin restricción
No limitation provided that the maximum cumulative duration of successive FTC concluded for the performance of the same job shall not exceed 5 years (art. 46(1) LRA).
Duración máxima acumulativa de CDD consecutivos: 5año(s)
The Labour Relations Act states that the fixed term contract may be concluded with interruptions or without interruption for performing the same job for a maximum period of 5 years. (Art. 46(1) LRA).
Note that prior to the 2008 reform [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008], the law provided that a FTC could be concluded for carrying out work which by its nature was of limited duration, with or without interruption, for a maximum period of 4 years.
Duración maxima del periodo de prueba (en meses): 6 mes(es)
Art. 60 LRA: the probationary period can not be longer than 6 months. It can only be extended in the cases of justified absence from work (eg. illness, etc).
Obligación de motivar el despido: Si
Motivos autorizados (despido justificado):
Motivos prohibidos: estado civil, embarazo, responsabilidades familiares, presentación de una queja contra el empleador, enfermedad o accidente profesional temporal, raza, color, sexo, orientación sexual, religión, opinion política, origen social, nacionalidad, edad, afiliación sindical y actividades sindicales, discapacidad, cumplimiento del servicio militar o civil, propriedad, estado de salud, disfrute legal de licencias, origen étnico
- Non-discrimination:
Art. 6 LRA prohibits discrimination against applicants or employees on the basis of race; skin colour; gender; age; health condition or disability; religious, political, or other conviction; trade union membership; national and social origin; marital status; sexual orientation; or other personal circumstances.
Art. 71(4) LRA provides that any termination based on those above listed grounds shall be null and void.
- Prohibited grounds of dismissal:
Art 77 LRA provides a list of "unfounded grounds for termination", as follows:
1) membership of a trade union or worker participation in union activities in accordance with the law and collective agreements;
2) filing a complaint or participating in proceedings against the employer for violation of contractual and other obligations arising from the labour relation before an arbitration, judicial or administrative authorities;
3) approved absence due to illness or injury, pregnancy, birth and parenthood and care of a family member;
4) Using approved absence of work and annual leave;
5) performing military service or military exercises and
6) Other cases of suspension of the employment contract defined by the Law.
Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores con responsabilidades familiares
Art. 101 LRA states that the employer shall not dismiss a woman during her pregnancy or while she is on a maternity leave, or during a leave of absence for child care.
This prohibition also applies to fathers on parental or adoption leave.
In addition, art. 200 LRA provides for a protection against dismissal for trade union representatives. A trade union representative can only be dismissed with the prior approval of the trade union. In case the trade union refuses to give approval, such approval can be given by the court. This protection applies during the whole period of the mandate and and at least two years after its expiration.
Forma de la notificación del despido al trabajador: escrita
Art. 74(1) LRA. See also art. 85 LRA.
Plazo de preaviso:
Art. 88 (2) LRA stipulates that in the case of an individual dismissal or in the case of a dismissal of a small number of workers, the statutory minimum notice period is one month. The individual employment contract or a collective agreement may stipulate a longer period of notice. However, it cannot exceed 3 months. If the dismissals affect more than 150 employees or 5% of total number of workers, the notice period is two months. (Art. 88.2 LRA)
The LRA provides a list of justified grounds for termination without notice and these include: unjustified absence from work for three consecutive days or 5 days within one year, misuse of sick leave; failure to comply with the workplace regulations on health, safety and environmental protection, use of alcohol and drugs, robbery at the workplace or negligence causing damages to the employer, disclosure of business, official or state secrets (art. 82 LRA).
Indemnización sustitutiva de preaviso: Si
The employer and the employee may agree on the payment of a lump sum instead of observing the notice period.
Notificación a la administración: No
Notificación a los representantes de los trabajadores: No
However, such notification is required in order to dismiss a trade union representative (art. 200(3) LRA).
Aprobación de la administración publica o de organismos judiciales: No
Acuerdo de los representantes de los trabajadores: No
No general approval required. However, in order to dismiss a trade union representative, the employer shall first obtain the prior approval of the trade union. In case the trade union does not approve the dismissal, such approval can be obtained through a court decision (art. 200 LRA).
Definición de despido colectivo (número de empleados afectados) Dismissals for business reasons affecting a large number of employee, or at least 20 workers within the 90-day period regardless of the total number of employees are considered to be collective dismissals.
Art. 95 LRA as last amended in September 2010.
Prior to the 2010 amendment [Official Gazette of the Republic of Macedonia no. 124 of 20.09.2010], the law referred to "termination of a larger number of employees for business reasons" but did not specify any numerical threshold.
Notificación a la administración Yes
Art. 95 LRA: when the employer intends to carry out a collective dismissal, he/she shall notify the workers' representatives and undertake consultations with them at least 30 days before starting the dismissal with a view to reaching an agreement. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed at aid for redeploying or retraining workers made redundant. In order to allow the workers' representatives to submit constructive proposals, the employer shall provide all relevant information such as: 1) the reasons for the intended redundancies, 2) the number and categories of affected workers, 3) the total number and categories of workers employed and 4) the period during which the planned dismissals should occur.
Notificación a los sindicatos (representantes de los trabajadores) Yes
Art. 95(6) and (8) LRA: Notification to the employment mediation agency after the consultations.
Notificación a los representantes de los trabajadores: Yes
Art. 95 LRA: when the employer intends to carry out a collective dismissal, he/she shall notify the worker's representatives and undertake consultations with them at least 30 days before starting the dismissal with a view to reaching an agreement. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed at aid for redeploying or retraining workers made redundant. In order to allow the worker's representatives to submit constructive proposals, the employer shall provide all relevant information such as: 1) the reasons for the intended redundancies, 2) the number and categories of affected workers, 3) the total number and categories of workers employed and 4) the period during which the planned dismissals should occur.
Acuerdo de los sindicatos (representantes de los trabajadores) No
Acuerdo de los representantes de los trabajadores No
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) No
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...) No
Priority for rehiring has been removed from the LRA in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008]. Art. 98 LRA which has been abrogated prohibited the employer from employing another employee for the same work within one year from the date of collective dismissals and provided for a priority of reemployment for the redundant workers during that period.
Reglas de prioridad para la re-contratación Yes
Art. 95(3) LRA: Consultations with the workers' representatives shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed at aid for redeploying or retraining workers made redundant.
:
There is no general right to severance pay upon dismissal except in the event of an economic dismissal (see below).
: 0 mes(es)
: 0 mes(es)
: 0 mes(es)
: 0 mes(es)
: 0 mes(es)
: 0 mes(es)
: 0 mes(es)
: 0 mes(es)
:
See art. 97 LRA: in the case of termination of the employment contract for business reasons the employer is obliged to pay the employee redundancy payments, as follows:
1) for up to five years of employment: the amount of one net salary;
2) for five to ten years of employment: the amount of two net salaries;
3) for ten to 15 years of employment: three net salaries;
4) 15 to 20 years of employment: four net salaries;
5) from 20 to 25 years of employment: five net salaries;
6) over 25 years of employment: six net salaries.
The basis for calculation of severance pay is the employees' average net salary in the past six months prior to the termination of employment, but it may not be lower than 50 per cent of the average salary paid in Macedonia within the last month before the dismissal.
: 1 mes(es)
: 1 mes(es)
: 1 mes(es)
: 1 mes(es)
: 1 mes(es)
: 2 mes(es)
: 3 mes(es)
: 5 mes(es)
mineros: Si
Art. 102.5 LRA, with the 2012 amendment has been renumbered as Art. 102.4 LRA and modified to state that when the court establishes that the dismissal was unlawful and it is unacceptable for the employee to be reinstated, the court, at the employee's request, shall specify the date of termination of employment and will oblige the employer to pay wages in accordance with paragraph 2 of the same article. Art. 102.2 LRA, also brought with the 2012 amendment, states that in addition to the return to work, the employer shall pay the employee the gross salary which the employee would have taken if he/she was at work in accordance with the law, the collective agreement and employment contract, reduced by the amount of income that the employee has achieved on the basis of work after the termination of employment.
According to the previous regulation before the 2012 amendment, when the court would establish that the dismissal was unlawful and if the employee would find unacceptable the reinstatement, the court, at the employee's request, had to fix the date of termination of employment and award compensation depending on the employee's length of service, age, social status and family responsibilities.(previously art. 102(5)LRA).
directores/ gerentes: Si
Art. 101(1) LRA: if the Court rules that the employment contract was unlawfully terminated, the employee must be reinstated if he/she so requests.
policía: No
No preliminary mandatory conciliation.
However, the LRA provides that in the event of dismissal with notice, the employee is authorised to file a complaint to the management body or to the employer within 8 days from receipt of the dismissal decision. The employer must reply to the complaint within 8 days, and during that period the execution of the dismissal decision is suspended. If the employee is not satisfied with the response he/she may initiate a dispute before the competent court (art. 93 LRA).
In case of termination of employment by the employer without a notice period (summary dismissal), the employee is entitled to complain to the management body or to the employer within 8 days from the receipt of the decision on the dismissal. The employer or the management body must give the response to the complain in the period of 8 days. In case the employee is not satisfied with the response, he/she has a right to initiate proceedings before the competent court within 15 days. In this case, while the procedure is ongoing, the execution of the dismissal decision is not suspended (Art. 91 LRA).
Art. 91 and 93 LRA ("competent court").
Arbitraje: Si
Art. 29 of the Law on peaceful resolution of labour disputes stipulates that individual labour disputes concerning termination of employment can be settled through arbitration. The arbitration award concerning an individual labour dispute shall be issued within 30 days form the opening of the hearings, which shall start within 3 days of the submission of the case (arts. 33 and 35 of the above-mentioned law).