Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la protección de la maternidad, 2000 (núm. 183) - Macedonia del Norte (Ratificación : 2012)

Article 3 read together with Article 9(1) of the Convention. Prohibition of night work of pregnant and breastfeeding women. The Committee notes that section 164 of the Labour Relations Law provides that a female worker must not carry out overtime or night work during pregnancy or with a child up to the age of one. The Committee also notes that according to paragraph (3) of section 163, any dispute concerning safety and health measures as to pregnant and breastfeeding workers shall be settled based on the opinion of the chosen doctor or of the medical commission. The Committee would like to point out that, while pregnant and nursing women engaged in night work may be particularly vulnerable, protective measures applicable to women’s employment at night which go beyond maternity protection may, in practice, result in blanket prohibitions and violate the principle of equality of opportunity and treatment between men and women (see the 2023 General Survey on Achieving gender equality at work, paragraph 530). In this context, the Committee requests the Government to indicate whether, in the case of a medical certificate authorizing night work for a pregnant woman or a woman who has a child up to the age of one and upon her request, the prohibition of night work as set out in section 164 of the Labour Relations Law would be flexible.

Article 5. Leave in case of complications or illness arising out of pregnancy or childbirth. The Committee notes that maternity leave is provided for a total of 9 months (39 weeks) and 15 months (65 weeks) in case of multiple births, and that, according to section 165 of the Labour Relations Law, prenatal leave can start 45 days before the expected date of confinement. The Committee also notes that section 13 of the Law on Health Insurance provides that insured persons can acquire the right to salary compensation during temporary work disability due to illness. The Committee requests the Government to confirm whether compensation during temporary work disability due to illness is applied to cases of complications or illness arising out of pregnancy or childbirth before and after the statutory period of maternity leave.

Article 6 (2) and (6). Adequate benefits out of social assistance funds. The Committee takes note that according to section 29 of the Law on Social Protection of 2019, the amount of the guaranteed minimum assistance is equivalent to MKD4,000 per month (€65) for one adult member of the household. This amount is increased by a factor of 0.5 in the case of a single woman during pregnancy or a single parent, resulting in a social assistance benefit of 6,000 Macedonian denars (€96). The Committee further observes, in this regard, the conclusions of the European Committee of Social Rights in 2021, that considered the level of social assistance paid to a single person without resources not adequate, as the minimum assistance that could be obtained was not compatible with the poverty threshold, estimated at €114 per month in 2019. In view of the above, the Committee requests the Government to provide information on any additional cash benefits provided to women workers who do not qualify for social insurance maternity benefits, in the event of maternity or in relation to their children, and to indicate how such benefits ensure that they are able to maintain themselves and their children in adequate conditions of health and with an adequate standard of living, as required by Article 6(2) of the Convention.

Application of the Convention in practice. In accordance with the report form, the Committee requests the Government to provide up to date statistical data concerning: (i) the number of women covered by the provisions of the Convention, including those engaged in atypical forms of dependent work (homework, work from distance, temporary work etc.); (ii) the number of maternity cash benefits paid and the average amount of such payments; and (iii) the number of violations detected by the labour inspection and judicial decisions, if any, concerning the rights arising out of the Convention.