Collective Agreement Macedonia

5.2 What are the rights of workers that are passed on to a commercial sale? What is the impact of a business sale on collective agreements? The main institution responsible for the issue of social dialogue and working conditions in Northern Macedonia is the Ministry of Labour and Social Policy. The ministry facilitates social dialogue, maintains a register of trade union and employer organizations, and maintains records of general and inter-professional collective agreements concluded in the country. The social environment in northern Macedonia has not been conducive to the development of industrial relations. The economic environment was very bleak during the transition period, with weak economic growth, very low levels of foreign direct and local investment, high unemployment (consistently above 32%). Those most affected by the region`s political and economic transition expressed their displeasure throughout the 1990s with numerous strikes, street demonstrations and demonstrations. These protests, many of which were organized by trade unions, had little effect. Tensions have gradually subsided, but under the threat of business closures and mass layoffs, workers have renounced their solidarity and collective attention and adopted a strategy of individual interest. This situation – where workers feel threatened, disoriented and under constant pressure – remains widespread. Labour law does not set a set negotiating date.

A collective agreement may be concluded after a two-year period with the possibility of extension on the basis of the written agreement of the parties. If the collective agreement is maintained with the parties` contract, a contract is entered into at least 30 days before the collective agreement expires. If the employment contract is terminated, the employer is required to provide the statutory and collective agreements for dismissal and the employer is required to prove the merits of the case justifying the dismissal and to make a statement. The employer may terminate the employment contract only if there is a valid reason for refusing the worker`s behaviour (the worker`s personal motive) for violating the employment regulations and employment or work obligations (fault) or if the case is based on the employer`s needs (business reason). The law also provides for cases in which the employment contract is terminated for unfounded reasons. Under the law, the unfounded grounds for terminating the employment contract are: (i) union membership or worker participation in union policy activities, in accordance with the law and collective agreements; (ii) filing a complaint or participating in proceedings against an employer to confirm breach of contractual and other obligations arising from employment before arbitration tribunals, judicial and administrative authorities; (iii) authorized absence due to illness or injury, pregnancy, childbirth and parenting, care of a family member and unpaid parental leave; (iv) the use of authorized leave and annual leave; v) military or military exercise officials; and (vi) other cases of suspension of the employment contract provided for by law. In the selection of candidates, the employer should be guided by the principle of non-discrimination. After the public tender, the employer can conduct interviews with selected candidates. Under the provisions of labour law, the employer is free to decide with which candidate an employment contract is to be entered into.