Republic of North Macedonia

Institutional characteristics

1. Establishment

- Date of creation: 1996

- Year operational: 1996

- Nature of the texts that create the institution (Constitution, law, decree, etc.): 

Law on Labour Relations, Agreement for the establishment of the Economic and Social Council.

- Have any changes in recent years happened concerning the nature, membership, capacities of the Institution.

No

2. Mandate

Consultation and advisory ✅

Negotiation ☐

Both ☐

3. Mission and attributions

One of the tenets of the ESC, as an advisory body to the Government, is to promote and encourage tripartite social dialogue at national and local level, as well as to promote bipartisan social dialogue at sectoral and enterprise level, together with strengthening the capacities of the social partners through involvement in all activities in the economic and social sphere.

4. Composition :

- Number of members: 12

- Duration of the term: 4 years

- Membership categories:

- Process of designating the members (election, nomination, by whom, etc.):

The appointment of the members from social partners is done by nomination by the institution/organization they represent.

5. Management organs

Presidium / Bureau / Cabinet / Other: Please specify role, composition, designation :

Assembly General / Plenary session / Other: Please specify role, frequencies of meeting:

General Secretariat: Please specify role, composition, designation:

Тhe ESC secretariat performs organizational, professional and administrative technical work for the needs and work of the ESC. The secretariat has tripartite composition, one person appointed from each side, the Government, the representative Emloyers organization (ORM) and the representative Trade Union (SSM).

6. Operational arrangement of the Permanent Secretariat

Yes ✅

No ☐

7. Gender balance (% of women)

Between 0% and 9% ☐

Equal or more than 10% ✅

Equal or more than 30% ☐

Equal or more than 50% ☐

8. Reporting Institution

Government ✅

Parliament ☐

Cabinet of President ☐

Cabinet of Prime Minister ☐

Ministry of Finance ☐

Ministry of Labour ☐

Ministry of Social Affairs ☐

Others (please specify):

9. Budget

Amount :

Between $0 and $249,000 ✅

Equal or more than $250,000 ☐

Equal or more than $500,000 ☐

Equal or more than $750,000 ☐

Source of funding: Ministry of Labour and social policy

III. Organizational Structure

1. Committees/Sub-committees/working groups:

There are six permanent working bodies within the Council:

• Labor and Wages Commission;
• Committee on Employment and Labor Market Policies;
• Social Security Commission;
• Commission for Safety and Health at Work;
• Tripartite Commission for issuance and revocation of licenses of conciliators and arbitrators and
• Coordinating body for corporate social responsibility.

2. Is there in your country any institutions of social dialogue outside your institutions?

Yes, there are local economic and social councils

IV. Functioning of the ESC

1. Who convenes the Institution? The President.

2. Has the Institution a legal right to issue own-initiative opinion? Yes.

3.How are decisions taken inside the Institution

By vote ✅

By consensus ✅

Concerning the activity of issuing opinions, decisions are adopted during the Plenary sessions by vote. However, as regards other decisions, according to the Law on the organization and functioning of the ESC, the Plenary adopts these by party consensus and if consensus cannot be reached, decisions are adopted by a three-quarters majority of the number of the ESC Plenary members attending the respective session.

4. What kind of payment do the Councillors receive: wage, compensation, other?

The Councillors do not receive any payment.

5. Is the Government obligated to follow the opinion issued by the Institution?

No, but has to explain or state a reason why the opinion is not accepted.

6. Is the Government obligated to report on the fate of the Institution opinions?

No

7. Are there official publications of the Institution opinions?

Yes. Through the web site and through occasional press conferences.

8. Is the public opinion informed about the Institution works? How?

9. What kind of relationship does the ESC have with civil society?

Part of the Institution ☐

Institutionalised relation ☐

Uninstitutionalised relation ✅

Collaboration ☐

Participation in the drafting of reports ☐

Nothing at all ☐

V.Main technical areas of competencies

Agriculture ☐

Civil Society ☐

Corporate Social Responsibility ☐

Culture ☐

Education and Training ☐

Employment policy and labour market regulation :Participation in drafting, issuing of opinions and recommendations.

Environmental Policy ☐

European Affairs ☐

Financial and Economic Policies : Issuing of opinions and recommendations.

Fiscal and Taxation Policies : - Issuing of opinions and recommendations.

Fundamental principles and rights at work :Participation in drafting, issuing of opinions and recommendations.

Gender equality and anti-discrimination : Issuing of opinions and recommendations.

Governance ☐

Health and Medical Policy ☐

Infrastructure, Transport, and Energy Policies ☐

International affairs ☐

Labour Law reform :Participation in drafting, issuing of opinions and recommendations.

Legal Affairs ☐

Productivity and competitiveness ☐

Science, Technology and Innovation Strategy and Industrial Policy ☐

Social Affairs : Issuing of opinions and recommendations.

Social Dialogue and Tripartism :Participation in drafting, issuing of opinions and recommendations.

Industrial relations and Collective bargaining : Facilitation

Dispute prevention and resolution ☐

Social Security and Social Protection : Issuing of opinions and recommendations.

Sustainable Development Goals (SDGs) ☐

Territorial Management ☐

Workplace compliance and working conditions :Participation in drafting, issuing of opinions and recommendations.

Youth Employment : Issuing of opinions and recommendations.

Other :

VI. Brief description of major results obtained by your Institution in the last 3 years

Please give examples (Recommendations issued, Reports, Collective Agreements concluded, Conflict prevention and social peace obtained, National policies or legal frameworks including recommendations, Reform of your institution) and attached relevant documents

• The introduction of the minimum wage (drafting of the Law on minimum wage, negotiation and setting of the minimum wage both in the administrative setting and in the legal adjustments of the minimum wage.
• The drafting of the new Labour Law (ongoing)
• The introduction of the Sunday as the mandatory day for weekly rest of the workers