Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Paid Educational Leave Convention, 1974 (No. 140) - North Macedonia (Ratification: 1991)

Formulation and implementation of a policy designed to promote the granting of paid educational leave. In its previous comments, the Committee requested the Government to provide information on the formulation and implementation of a policy to promote the granting of paid educational leave, as well as information on the manner in which the policy is coordinated with general policies relating to employment, education, training and hours of work. The Committee also requested the Government to provide information on the manner in which the Convention is applied in practice. In its response, the Government indicates that the policy is expressed in section 154 of the Labour Law of North Macedonia, which provides for the right and duty of workers to pursue continuing education and training. Pursuant to this provision, the employer is required to provide for such education and training if it is required by the work process, or if the education and training may prevent termination of the employment contract for personal or economic reasons. In addition, the Committee notes that section 154(4) of the Labour Law provides that workers and their representatives are entitled to paid educational leave for purposes of trade union education if such is provided for by collective agreement. In this respect, the Committee notes that section 28 of the General Collective Agreement for the private sector provides that a worker is entitled to paid educational leave for purposes of further education, professional development, obtaining additional qualifications and trade union education. Sections 19 and 34 of the General Collective Agreement for the public sector also provide for the right of workers to paid leave for purposes of continuous and further education, acquiring additional qualifications, and trade union education. In response to the Committee’s previous direct request, the Government indicates that the General Collective Agreements for the public and private sectors do not require any particular condition to be satisfied by workers for them to acquire the right to paid educational leave. The Committee recalls that, according to the Convention, workers should remain free to decide in which education or training programmes they wish to participate. Moreover, the needs of undertakings is only one of the elements to be considered in determining eligibility for paid educational leave (Paid Educational Leave Recommendation, 1974 (No. 148), Paragraphs 14 and 17). Noting that the Government has not provided the information requested concerning practical application, the Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for example, extracts from reports, studies and inquiries, and statistics on the number of workers who benefited from paid educational leave during the reporting period (Part V of the report form). The Committee also reiterates its request that the Government provide information regarding the manner in which the paid educational leave policy is coordinated with general policies on employment, education and training, and hours of work, as required under Article 4 of the Convention. Noting that the Government has adopted a Strategy for Education 2018–2025, the Committee invites the Government to provide a copy of the Strategy and provide information on the content and outcomes of measures taken under the Strategy relevant to matters covered under the Convention.

Repetition

Article 6. Participation of the social partners. The Committee once again invites the Government to describe in detail the manner in which employers’ and workers’ organizations are associated with the formulation and application of the policy for the promotion of paid educational leave.