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

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

Other comments on C140

Direct Request

2020
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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.