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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceed with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2–5 of the Convention. Formulation and implementation of a policy designed to promote the granting of paid educational leave. In reply to its previous comments, the Committee notes the Government’s indication that the policy to promote the granting of paid education leave is expressed in section 154 of the Labour Law of North Macedonia (the Labour Law), which provides for the right and duty of workers to pursue continuing education and training. In accordance with 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. Section 155 of the Labour Law further provides that workers who pursue education, further education and qualification for the needs of the working process or due to personal interest are entitled to paid educational leave for purposes of taking exams. 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. Pursuant to section 60 of the Agreement, the employer is required to provide the trade union representative with paid leave for the purpose of trade union education and training. The Committee further notes that sections 19 and 40 of the General Collective Agreement for the public sector provide for the right of workers to paid leave for purposes of continuous and further education, acquiring additional qualifications, and trade union education and training. 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. In this regard, 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). In its supplementary report, the Government refers to the adoption of the Adult Education Strategy 2019–23, which includes measures to improve adult education, including introducing incentives to encourage investments in funds for the education and training of adults, both for employers and individuals, as well as tax incentives for verified implementers of adult education training. The Government does not provide information regarding the manner in which the paid educational leave policy is coordinated with general policies on employment, education and training. The Committee therefore 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 2018–25, the Committee requests 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.

Article 6. Participation of the social partners. The Committee notes the Government’s indication in its supplementary report that the social partners are consulted on workers’ rights matters within the tripartite Economic and Social Council. Noting that the Government does not provide specific information on the manner in which the social partners participate in the formulation and implementation of a policy for the promotion of paid educational leave, the Committee reiterates its request in this regard.

Part V of the report form. The Committee notes the statistical information, disaggregated by economic activity, sex and age, provided by the Government with regard to the number of persons that attended formal and informal education. The Government indicates that, according to the Adult Education Survey carried out by the State Statistical Office, in 2016, 87.6 per cent of all employees attended non-formal education, while 56.6 per cent attended formal education. The Committee notes the Government’s indication that participation in non-formal education related to work is highest among people aged 25 to 34 (37.3 per cent). The Committee requests the Government to continue to provide detailed updated statistical information on the manner in which the Convention is applied in practice, including, for example, extracts from reports, studies and inquiries, and disaggregated statistics on the number of workers who benefited from paid educational leave during the reporting period.

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received in October 2013 in which the Government reiterates that the basis for obtaining the right to paid absence due to education is defined in the Labour Law and can be further defined at the sectoral level in collective agreements or at the enterprise level with the employer. The Committee also notes that, in response to its previous comment, the Government indicates that there are no special provisions for particular categories of workers or for workers in special categories of enterprises (Article 9 of the Convention). Moreover, the Committee understands from the Government’s report that, according to the Labour Law, payment of absence for education is borne by the employer. The Committee invites the Government to provide in its next report information on the formulation and implementation of a policy to promote the granting of paid educational leave (Articles 2 and 3 of the Convention). Please also indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4). It also requests the Government to specify the conditions to be fulfilled by workers in the private and public sectors to be granted paid educational leave for the purposes of the Convention (Article 10). Please also give a general appreciation of the manner in which the Convention is applied, by providing, for example, extracts from reports, studies and inquiries, and statistics on the number of workers, disaggregated by sectors of activity, granted paid educational leave (Part V of the report form).

Article 6. Participation of the social partners. The Committee once again invites the Government to describe 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received in October 2013 in which the Government reiterates that the basis for obtaining the right to paid absence due to education is defined in the Labour Law and can be further defined at the sectoral level in collective agreements or at the enterprise level with the employer. The Committee also notes that, in response to its previous comment, the Government indicates that there are no special provisions for particular categories of workers or for workers in special categories of enterprises (Article 9 of the Convention). Moreover, the Committee understands from the Government’s report that, according to the Labour Law, payment of absence for education is borne by the employer. The Committee invites the Government to provide in its next report information on the formulation and implementation of a policy to promote the granting of paid educational leave (Articles 2 and 3 of the Convention). Please also indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4). It also requests the Government to specify the conditions to be fulfilled by workers in the private and public sectors to be granted paid educational leave for the purposes of the Convention (Article 10). Please also give a general appreciation of the manner in which the Convention is applied, by providing, for example, extracts from reports, studies and inquiries, and statistics on the number of workers, disaggregated by sectors of activity, granted paid educational leave (Part V of the report form).

Article 6. Participation of the social partners. The Committee once again invites the Government to describe 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s first report on the application of the Convention received in October 2009. It notes that the provisions of the Labour Relations Law, the Collective Agreement for the Public Sector and the Collective Agreement for the Private Sector recognize that, for the purposes of paid educational leave, educational activities should take place during working hours and educational leave is compensated with wages. The Committee invites the Government to supply in its next report any texts (Government’s statements, etc.) by which a policy to promote the granting of paid educational leave has been formulated (Articles 2 and 3 of the Convention). Please indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4). It further requests the Government to specify the conditions to be fulfilled by workers in the private and public sectors to be granted educational leave for the purposes of the Convention (Article 10). Please also give a general appreciation of the manner in which the Convention is applied, by providing, for example, extracts from reports, studies and inquiries, and statistics on the number of workers, disaggregated by sectors of activity, granted paid educational leave (Part V of the report form).

Article 6. Participation of the social partners. Please describe 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.

Article 7. Financial arrangements. Please indicate how the arrangements for paid educational leave are financed, whether by the employer alone or jointly with other bodies or institutions.

Article 9. Particular categories of workers. In its 2011 direct request on the Employment Policy Convention, 1964 (No. 122), the Committee noted that SMEs represented 99.6 per cent of the total number of business entities and employed 78 per cent of workers in the country. The Committee invites the Government to indicate in its next report on Convention No. 140 whether any special provisions have been established for particular categories of workers (such as workers in small undertakings, rural or other workers residing in isolated areas, shift workers or workers with family responsibilities), or for workers in particular categories of undertakings (such as small or seasonal undertakings) who find it difficult to fit into general arrangements.