Trade union rights in law
A number of excessive restrictions apply despite basic trade union guarantees. The Labour Relations Act was amended in 2009, however some trade union organisations deplored the lack of social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
during the process and considered that some new provisions have a negative impact on trade union rights.
Furthermore, collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is restricted to the union representing 20% of the employees at the level it wishes to bargain, except at the state level where the union must represent 10% of the total labour force.
Concerning the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, the Labour Relations Act gives employers the right to suspend up to 2% of the participants of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
throughout its duration if they exhibit violent or “non-democratic” behaviour, a provision that can be widely abused.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
On 3 July 2008, the Ministry of Labour and Social Policy unveiled a proposal to amend the trade union-related provisions of the Labour Relations Law. The Federation of Trade Unions of Macedonia (CCM) protested against the restrictive provisions of the draft and called on the Ministry to respect the ILO conventions.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
The Labour Relations Law prohibits discrimination based on trade union membership or activities. Trade unions and their associations may claim damages in court in the event of anti-union activities. Trade union leaders can only be dismissed with the consent of the trade union, or be replaced by a court’s decision. This protection is extended for two years after the union leader’s resignation from office.
Restrictions
Restrictions on trade unions' right to organize their administration:
- >Administrative authorities' power to unilaterally dissolve, suspend or de-register trade union organisations
- Trade unions are obliged to terminate their activities when their membership falls below a minimum requirement, however that minimum membership has not been specified by law. Similarly, a union is required to dissolve itself if its highest executive body has failed to meet for a period exceeding twice the period stipulated in its Constitution. If a trade union ceases its activity, its property may not be divided among its members.
Trade union activities can be terminated by a court of general jurisdiction at the request of the Registrar, where those activities are deemed to be "against the law". In such cases, the court also decides on the distribution of the union’s assets.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Police
- >Other civil servants and public employees
- The right to organise is restricted for members of national administrative bodies.
- >Non-national or migrant workers
- Only nationals can join a trade union.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
The law provides a special system for sectoral agre+E144ements in the public sector and for the self-employed.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- Collective bargaining is restricted to representative trade unions, that is, those representing 33% of the employees at the level at which the agreement is concluded (company, sector or country) or that belong to an association that is representative at a higher level. Several unions can join forces to meet the 33% criterion, but only where no single representative union exists.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Other undue, unreasonable or unjustified prerequisites
- Trade unions are required to specify the length of a strike in advance.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- If a court has declared a strike illegal, the participants can be dismissed and sued for damages.
- >Other legal provisions undermining the right to strike
- The Labour Relations Law gives employers the right to suspend up to 2% of those participating in a strike throughout its duration if they exhibit violent or "non-democratic" behaviour. This provision has reportedly been used to remove "inconvenient" trade union leaders from negotiations.
