LABOR RELATIONS ACT
PART I
GENERAL PROVISIONS
Article 1
This act regulates the implementation of rights, obligations and responsibilities of the employee and employer pertaining to employment.
Under this act, employment signifies a conformed relation between the employee and employer, for the purpose of performing particular tasks and acquiring the rights and obligations of that relation.
An employer, under paragraph 2 of this article, designates: enterprises and other legal entities performing business activities, establishments and other legal entities rendering public services, government agencies, organs of the local self government and other domestic and foreign physical persons and legal entities which employ workers.
Article 2
Employment is regulated by this act, other laws and collective agreements.
Article 3
The worker commences employment voluntarily, in the manner and under conditions determined by law and a collective agreement.
Employment may terminate solely in procedures and under conditions determined by law.
Article 4
The worker is obliged to fulfill obligations derived from employment.
The worker assumes personal responsibility for violations of working obligations and caused damages in compliance with the provisions of law and the collective agreement.
Article 5
Employment rights, ratified by Constitution, law and collective agreements, can not be deprived nor restrained by enactments and actions undertaken by the employer.
Article 6
According to the provisions of this act and the collective agreement, the managing body or legal representative of the employer, acquires employment rights and obligations with the employer, during the appointment and performance of representative duties.
PART II
COMMENCING EMPLOYMENT
1. Conditions for commencing employment
Article 7
Persons who meet the general conditions determined by this act and other laws, as well as the specific conditions determined by law, collective agreement and the act of the employer, may commence employment.
Persons over 15 years of age, may commence employment. Persons over 18 years of age, who are in a good state of health, may perform underground work in mines.
Disabled persons, qualified to perform particular work, shall be considered to be in a good state of health and capable of performing that type of work.
Foreign citizens and persons without citizenship may commence employment under stipulations determined by this act or other laws.
Article 8
The general requirement for commencing employment is good health, which is determined through a medical examination and verified by a medical certificate.
The state authority organ in charge of health shall designate the content and procedure of the medical examination for determining the state of health and the content, the issuing procedure and
validity
of the medical certificate.
2. The
procedure for commencing employment
Article 9
Decisions regarding employment needs are brought by
the employer or an organ appointed by the employer.
Employers are obliged to issue public notifications
which seek employees, the requirements that are to be fulfilled by the employee
and the period of selection.
Prior to issuing public notifications, employers
must submit an application for the need of employees to the office in charge of
employment intercession.
The duration period of public notification is eight
days.
Employment may commence without public notification,
for a maximum of 30 days, through the office in charge of employment intercession,
in cases of urgent and pressing duties, whose realization can not be detained
until the completion of the selection procedure.
Article 10
Disabled persons may commence employment in
compliance with the procedures and conditions determined by this act, unless
otherwise resolved by another law.
Article 11
The employer or the organ appointed by the employer
select the candidate, latest within 15 days from the expiry date of public
notification.
All candidates are to be informed of the selection
within eight days from the date of the final decision.
Article 12
Rejected candidates are
entitled to lodge a complaint to the organ
appointed in the collective
agreement, within 15 days from the
receipt of the f inal decision, should they consider
that the selected candidate does not meet the requirements or that the
selection procedure has been violated.
The complaint under paragraph 1 of this article
shall be resolved in compliance with the provisions for protection of the
rights of the employees under this act.
Article 13
Except for trainees, a testing of the working
capabilities, as indicated in the collective agreement, may be conducted for a
position before the final selection, should this be specified as an employment
requirement.
Article 14
Employment may commence with the conclusion of an
agreement of employment between the employer and employee.
The agreement of employment is composed in written
form, following the final selection and is verified by the office in charge of
employment intercession.
The agreement of employment is kept on the working
premises of the employer.
A verified copy of the agreement of employment is
given to the employee by the employer.
Article 15
The employee can not commence employment prior to
the conclusion and verification of the agreement of employment.
Should the employee, unjustly fail to commence
employment on the date stipulated in the employment agreement, he shall be
considered unemployed.
Article 16
The agreement of employment contains provisions
particularly pertaining to: the grounds for commencing employment; the term of
employment (part time or full time) ; the duties of the employee and the place
of work; the commencing date; the testing procedure of working skills, should
this be a prerequisite for commencing employment; the working hours; vacations
and leave; professional training; the base pay amount, the pay period and
compensations; reassignment; protection at work; termination of employment and
other employment rights and obligations in compliance with this act and the
collective agreement.
Article 17
The office in charge of employment intercession is
obliged to keep on file concluded and verified employment agreements and by
request
of the organ for labor inspection, the office of the
pension and disabled insurance fund and the health insurance fund in the region
of the employers head office, to provide information from the verified
employment agreements.
3. Employment booklet
Article 18
Employees commencing employment are provided with an
employment booklet.
The employment booklet is a public document, which
is maintained according to the registry number of the civilians and contains
general information about the employee, professional skills, details of
employment and other information and serves as a document through which the
right of employment is attained with the employer-
Article 19
The employment booklet is issued by the office in
charge of employment intercession according to the place of residence of the
employee.
Employment booklets are issued upon written request
to persons over 15 years of age, excluding full time pupils and students.
The applicant bears the
issuing expenses of the employment booklet.
Article 20
Upon commencing employment, the employment booklet is handed over to the
employer and is kept on the business premises during the course of employment.
After the termination of employment, the employer is
obliged to enter the date of completion in the employment booklet and to return
it to the employee within three days following the termination.
Article 21
The official appointed
by the state authorities in charge of labor,
provides instructions
for issuing, content, completion,
replacement, issuing
of duplicates and the form of the employment
booklet as well as the procedure of maintaining the
employment booklet register.
4. Full time and part time employment
Article 22
Employment may commence for a period of time that
has not been previously determined (full time employment).
Article 23
Employment may commence for a period of time that
has previously been determined (part time employment), particularly in the
following instances:
1) seasonal work, f or a maximum of nine
months in the course of one calendar year;
2) increased scope of work, for a maximum of
six months in the course of one calendar year;
3) replacement of an absent worker, during
the period of absence and
4) work on a particular project, until the
completion of the project.
In instances under paragraph 1 of this article,
employees are entitled to the same rights and obligations as full time
employees.
Article 24
Employees who are engaged in part time seasonal work and who have rendered over 40 hours in the working week during the period of employment, shall receive overtime and those hours shall be computed in the years of service.
5. Trainees
Article 25
Employers may hire unemployed persons, who have completed at least four years of secondary education, as full time or part time trainees, for the purpose of vocational training and independent work in the profession.
Article 26
The maximum duration of the training period is one year, unless otherwise determined by law.
The collective agreement determines the duration of the training period, the vocational training process, supervision and appraisal of trainees, the salary amount and the trainees rights to other allowances.
6. Reassignment of employees
Article 27
Employees are engaged in work at the position for which they have been hired.
Employees may be reassigned to any position that corresponds to their qualifications, in instances that have been determined by the collective agreement.
The decision of reassignment is brought by the employer or by his appointed employee.
Article 28
As a rule, employees perform their working duties on the working
premises of the employer, or at home, if permissive by the
disposition of the duties.
Article 29
Employees may be reassigned from one position to another if the distance of the place of work does not exceed 50 kilometers and if transportation is provided either with public transport or with the employers vehicles.
If the activities are such that they require work outside the working premises of the employer (construction, installation, traffic and communications, geo-research, etc.) and the distance from the place of work exceeds 50 kilometers, employees can be reassigned to different places of work if they are provided with appropriate accommodation and meals or with transportation to and from work in compliance with the employment agreement.
PART III
EMPLOYEES RIGHTS AND THEIR STATUS
1. Working hours Article 30
Working hours amount to 40 hours per working week (full working hours).
Employers may introduce working hours shorter than 40 hours per week in the cases and under conditions stipulated by this act (reduced working hours).
Article 31
Employers may introduce working hours shorter than 40 hours per week in cases when work is organized in shifts, but not less than 32 hours for employees working in shifts.
The rights of the employees under paragraph 1 of this article, are equivalent to the rights of employees working 40 hours per week.
Article 32
The working hours of employees exposed to exceptionally difficult, strenuous and detrimental jobs, with harmful effects on the employees health, i.e. their working capabilities, which can not be fully eliminated through protective measures, shall be reduced in proportion to the harmful effects to their health or working capability, but not less than 30 hours per working week, in compliance with the collective agreement.
The working hours under paragraph 1 of this article are considered as full working hours.
The following jobs are considered exceptionally difficult, strenuous and detrimental to human health : exceptionally dif f icult physical labor; work under increased atmospheric pressure or intense noise; work in water or under high humidity; work exposed to ionizing radiation; work with patients contaminated with contagious diseases or with infected materials; surgical work in operating rooms; psychiatry work; work with patients undergoing strenuous obstacles in mental development; work in forensic medicine and pathological anatomy; work with harmful chemicals; work of aviation personnel; ballet dancers; wind instrument musicians; folk dancers and opera singers.
Official approval of reduced working hours under paragraph 3 of this article is issued by the state authorities in charge of labor related issues, based on an opinion previously provided by an organization specialized in labor medicine and labor inspection.
Employees assigned to duties under paragraph 3 of this article, can not work longer than the reduced working hours that have been determined.
Article 33
Employers may assign shorter working hours than those considered as full time, for the completion of everyday duties in smaller scope or if the disposition of the work requires it.
Employees who have commenced employment as stipulated under paragraph 1 of this article, are entitled to employment rights and obligations, which are fulfilled in volume depending on the length of the duties and the working results, in compliance with the collective agreement.
Article 34
F,mployees assigned to positions with reduced working hours may commence employment with more than one employer and consequently achieve full working hours.
In cases under paragraph 1 of this article, employees acquire employment rights with the employer if they have rendered a larger number of hours than those designated.
Article 35
By exception, working hours may exceed 40 hours per working week, but may not surpass 10 hours per week in the following instances:
1) during earthquakes, floods, fires, epidemics, epizootics and other major forces or disasters which have already occurred or present a direct threat;
2) for helping other employers who have suffered a misfortune or are directly threatened by one;
3) when essential to complete an initiated working process, whose intermission, considering the disposition of the technology and organization of work, would cause considerable material damage or would present a threat to people's life or health;
4) to prevent squandering of raw materials or substances, or to eliminate the defects of the instruments of labor;
5) to replace the unexpected absence of an employee in a continual working process;
6) to begin or complete urgent medical (human or veterinary) intervention or other pressing health measures and
7) to complete urgent and pressing activities in the working process.
In cases under paragraph 1 of this article, employees are obliged to work and the filing of a complaint shall not detain the effectuation of the decision.
Working hours exceeding 40 hours in the working week can last only as long as it is necessary to eliminate risks or to prevent damaging effects.
The decision for longer working hours is brought by the employer or an employee that he himself has appointed.
Article 36
Working hours between 10:00 p.m. and 6:00 a.m. the following day, and in agriculture between 10:00 p.m. and 4:00 a.m. the following day, are considered as night work.
Nightly working hours represent a specific working condition, when determining the rights of the employees.
Article 37
Working hours may be rearranged if required by the disposition of the job, i.e., tasks and duties, organization of the work, better utilization of labor, more rational use of working hours and completion of certain jobs and tasks within set terms.
In cases under paragraph 1 of this article, working hours are rearranged in such a way that the total working hours of employees on the average are not to exceed 40 hours in the working week in the course of the year.
Article 38
The schedule of the working hours, within the framework of the annual working hours, is determined by the employers decision, in compliance with the collective agreement.
Article 39
The schedule and duration of the working hours related to professions in the field of transport and communications, retail
trade, health, social and child welfare, pre-school guidance, education and other non-economic public services, public utilities, catering, tourism, small scale industries and in other fields, are determined by law or a regulation issued by the organ of the state authorities in the appropriate field.
2. Vacations and Leaves
Article 40
Employees are entitled to a 30 minute recess during the daily working hours.
Recesses during working hours are organized in a way to ensure continuity of work, should the disposition of the work be such that it does not permit intermissions or should it involve work with clients.
The recess under paragraph 1 of this article is computed into the daily working hours.
The recess under paragraph 1 of this article can not
be set at the beginning or at the end of the working hours.
Article 41
Employees are entitled to leave between two
consequent working days of at least 12 hours continual work.
During seasonal work, employees are entitled to
leave under paragraph 1 of this article, in duration of at least 10 hours,
whilst employees under 18 years of age in duration of at least 12 hours.
Article 42
Employees are entitled to weekly leave of at least
24 hours continually, however, should they be required to work during weekly
leave, the leave hours are to be compensated during the next working week.
Article 43
Employees are entitled to annual leave during the
course of one calendar year of a minimum of 18 and a maximum of 26 working
days.
Employees who have not accumulated one year of work
in the calendar year in which they have commenced employment, are entitled to
annual leave of two working days for each month of employment, but not
exceeding 18 working days.
The duration of annual leave for employees working
under specific working conditions is determined by branch collective
agreements, however, it may not exceed 36 working days.
The duration of annual leave is determined by the
employer particularly on the basis of: the length of working experience, the
complexity of the working duties, the working conditions and the employees
state of health.
Article 44
As a rule, annual leave is
taken during the course of the calendar
year.
Annual leave may be taken in
two portions.
Should employees take annual leave in portions, the
first portion must be taken continually, lasting at least 12 working days in
the course of the calendar year, and the second portion also in continuity,
latest by June 30 of the following year.
Annual leave, i.e., the first portion of annual
leave that has been interrupted or has not been taken in the calendar year due
to sickness or maternity leave, may be taken by employees latest until June 30
the following year, under condition that employees have worked at least six
months in the year prior to the year in which they have returned to work.
Article 45
Employers or organs appointed by employers determine
the schedule for taking annual leave, in compliance with the collective
agreement.
Employees must be notified at least 30 days prior to
taking annual leave, of the schedule and duration of annual leave as stipulated
in the collective agreement.
Employees may take one day annual leave as desired,
with the obligation that they notify employers within the period stipulated in
the collective agreement.
When determining the duration of annual leave,
Saturdays are not considered as working days.
Periods during military service or completion of
military service shall not be considered as suspension of work for the purpose
of attaining the right to annual leave.
The commencement of new employment, within eight
days from the termination date of the previous employment, shall not be
considered as suspension of work for the purpose of attaining the right to
annual leave.
Article 46
Employees can not renounce the right to paid daily,
weekly and annual leave, nor can they be denied this right.
Article 47
Approved
sick leave, while on annual leave, is not computed in the
annual leave.
Employees are required to notify employers within 24
hours when taking sick leave.
Article 48
Employees are permitted leave from work with
compensated pay and other employment rights, in cases and under conditions
determined in the collective agreement, in compliance with this act.
Approval of leave under paragraph 1 of this article
is given by the employer or authorized employees.
Article 49
Blood donors are permitted two subsequent days of
leave for each blood donation which are to be considered as working days.
Article 50
Employees are permitted seven days leave from work
during the calendar year with compensated pay, in instances and under
conditions determined by the collective agreement, particularly in cases of
marriage, death of a close family member, for professional or other kinds of
examinations for the requirements of the employer.
Should employees be assigned to professional
training, the leave under paragraph 1 of this article may exceed seven working
days.
Article 51
Employees are permitted leave without compensation
of pay in instances and under conditions determined by the collective
agreement, but not exceeding three months during the calendar year.
During leave without pay, employment rights and
obligations are set at rest.
Article 52
Employees who have suspended work with employers due
to military service or completion of military service, are permitted within 30
days after completion of service, to return to the working position
which corresponds to the qualifications of the
particular profession.
Article 53
Employees assigned to work abroad in the field of
international, technical or educational, cultural and scientific cooperation,
in diplomatic or consular missions, on vocational training or scholarships, by
approval of the employer, are permitted within 30 days from termination of
employment abroad, to return to work for the employer at positions that
correspond to the qualifications of the particular profession.
Employment rights and obligations shall be set at
rest by the request of employees, whose spouses are assigned to work abroad in
the field of international, technical or educational, cultural and scientific
cooperation, in diplomatic or consular missions, and shall be permitted within
30 days from the termination date of the spousels employment abroad, to return
to work for the employer at the position that corresponds to the qualifications
of the particular profession.
During absences from work, indicated under
paragraphs 1 and 2 of this article, employment rights and obligations are set
at rest, excluding the rights and obligations that are otherwise determined by
law.
Article 54
Employees who are elected or appointed to state or
public functions determined by law, which require temporary cessation of work
with employers, are permitted within 30 days upon termination of the performed
function to return to the position corresponding to the employees
qualifications.
3. Protection
of employees at work
Article 55
Employers are required to provide the necessary
conditions for protection at work in compliance with this act, other laws and
the collective agreement.
Employees acquire protection at work in compliance
with the prescribed measures and standards of work protection in accordance
with this act and the collective agreement.
Employees are required to observe the measures for
protection at work and to perform the duties carefully in order to protect
their
lives
and health and those of other employees and civilians.
Article 56
Employers
are required to notify employees of all the dangers at work and of the rights
and obligations regarding protection at work and working conditions.
If
the stipulated measures for protection at work have not been implemented,
employees are permitted to refuse work, should their lives or health be under
direct threat.
In
cases under paragraph 3 of this article, employers are required to undertake
immediate measures to eliminate direct threats to the lives and health of the
employees.
Article 57
Considering
the current scientific methods and achievements, employers are required to
organize the working process in a manner that will ensure safety at work and
protection of the civilians health, that is, to create working conditions and
undertake the prescribed measures and regulations and other generally approved
measures for protection at work, which ensure mental and physical health and
personal safety of the employees and civilians.
4. Special protection of women,
juveniles and disabled employees
Article 58
Female
employees are entitled to nine months continual leave from work during
pregnancy, birth and maternity, and one year leave for birth of more than one
child (twins, triplets, etc.).
Based
on the findings of authorized medical institutions, female employees may begin
maternity leave 45 days before delivery and compulsorily 28 days before
delivery.
Female
employees who have adopted a child are entitled leave until the child is nine
months old and one year leave for the adoption of more children (two or more).
Female
employees who have adopted children between the age of nine months and five
years, are entitled to three months leave from work.
During maternity leave under paragraphs 1 and 3 of this article, female employees are entitled to compensation of pay in compliance with the health care regulations.
Article 59
The child's father is entitled to the rights under article 58 of this act in cases of the mother's death, abandonment or if she has been prevented to employ the above rights for justified reasons.
Child adopters are provided equal rights to those of the parents under articles 58 and 59 of this act.
Article 60
In cases of death at birth or death of a child before the expiration of maternity leave, female employees are permitted to extend maternity leave for the period of time, which on the basis of the physicians findings, would be required for recovery from birth and the psychological state caused by child loss, for a minimum of 45 days, during which they are provided with all maternity leave rights.
During leave listed under paragraph 1 of this article and article 58 paragraph 2 of this act, female employees are entitled to salary compensation in compliance with the health care regulations.
Article 61
Female employees, are not to work longer than the full working hours nor in night shifts during pregnancy or with children under two years of age.
With the exception of the provision under paragraph 1 of this article, female employees with children over one year of age, are permitted to work in night shifts, only at their request.
Self supporting parents, whose children are under the age of seven or disabled, are permitted to work longer than the full working hours or in night shifts, solely on the basis of their written consent.
Article 62
one of the parents of handicapped
children are permitted to work
half of the full
working hours in cases when either both parents are employed or if the parent
is self supporting, based on the findings of an competent medical board and if
the child is not placed in a social or medical institution.
Reduced working hours under paragraph 1 of this
article are considered as full working hours, and the right to salary
compensation is acquired in compliance with the social security regulations.
Article 63
Male and female employees under 18 years of age are
not permitted to work which involves strenuous physical labor, underground or
underwater work or other jobs, which may be harmful or threatening to their
health and lives, determined in the collective agreement.
Article 64
Employees under 18 years of age acquire annual leave
according to the general rules and standards by which the length of annual
leave is determined for other employees and increased by seven additional
working days..
Article 65
Female employees working in industries and building
construction can not be assigned to night shifts unless a minimum seven hour
break has been provided between 10:00 p.m. and 5:00 a.m. the following day.
The prohibition under paragraph 1 of this article
does not pertain to female employees granted special authorities and
responsibilities or those engaged in health, social or other protection of the
employees.
With the exception of the provision under paragraph
1 of this article, female employees may be assigned to night shifts when they
are required continue interrupted work due to major force or when needed to
prevent damages to raw materials or other substances.
Female employees may be assigned to night shifts
when compelled by particularly critical economic, social and similar
circumstances and under condition that employers are granted approval for
initiating such endeavors.
The approval under paragraph 4 of this article, is
issued by the 19
state
authorities in charge of labor related issues.
Article 66
Employees under 18 years of age can not be assigned
to work longer than the full working hours.
Shorter working hours may be determined in the
collective agreement for employees under paragraph 1 of this article.
Article 67
Employees under 18 years of age employed in the
fields of industry, building construction or transport, can not be assigned to
night shifts between 10:00 p.m. and 6:00 a.m. the following day.
With exceptions, when compelled by public interest,
owing to exceptionally difficult circumstances, employees under 18 years of
age, may be assigned to night shifts under the same conditions provided to
other employees engaged in night shifts and with the approval of the organ of
the state authorities in charge of labor related issues.
Article 68
Disabled
employees are entitled to reduced working hours, reassignment of employment to
other appropriate positions, retraining and improvement of skills, as well as
the right to proper financial compensation pertaining to the utilization of
those rights, in compliance with the pension and disability insurance
regulations.
Employees whose working skills have been altered and
those engaged in occupations where there is the threat of injury, are entitled
to reassignment to other appropriate positions.
In cases under paragraphs 1 and 2 of this article,
employers are obliged to engage employees in positions corresponding to their
qualifications, under the conditions and in the manner stipulated in the
collective agreement.
S. Salaries
and Benefits
Article 69
Employees are entitled to payment of salaries.
The salaries of the employees are provided from the employers resources, in proportion to the work rendered and their participation in the earnings, according to the conditions and criteria stipulated in the collective agreement.
Article 70
The salaries of employees rendering full working hours can not be less than the lowest salary which is determined for particular levels of work complexity, according to law or the respective collective agreement.
Article 71
Salaries are computed and paid at least once monthly.
Salaries for the current month are monetized and paid no later than the 15th day of the following month.
Contributions and taxes on employees salaries are paid by employers together with the payment of salaries.
Article 72
Employees are entitled to salary compensation during leave from work, under conditions and in the amount determined by law and the collective agreement, particularly: during annual leave; holiday leave; during pregnancy, delivery and maternal care; child care; retraining and improvement of skills; vocational training arranged by the employer; military drills; defense and protection training; responses to invitations issued by organs without the employees knowledge and other cases stipulated by law and the respective collective agreement.
Salary compensations are the responsibility of employers or of the respective administration.
Article 73
Employees are entitled to compensation of salary during work interruptions caused by factors beyond the employees responsibilities such as deficiency of energy, raw materials or
reproduction materials, or malfunction repairs, not
exceeding 30 days, in cases when lost working hours can not be offset during
free days or weekends.
The compensation amount under paragraph 1 of this
article is determined in the respective collective agreement.
Article 74
Employees are entitled increased salary for work
during holidays, night shifts and work exceeding 40 hours in the working week,
at the amount determined in the collective agreement.
Article 75
Employers are obliged to keeping records of
salaries, compensations and salary allowances and to issue a document to the
employees for the payment of the salaries, compensations and allowances.
Evidence of salaries, compensations and allowances
are kept on the working premises of the employer.
PART IV
SYNDICATES AND EMPLOYERS
Article 76
Employees are permitted to form syndicates for the
purpose of fulfilling their economic and social rights resulting from
employment and determined by law and the collective agreement.
Employees are free to join a syndicate.
Employees and employers are permitted, without prior
approval, to form organizations and to join these organizations free of choice,
under the conditions stipulated in the statute.
The organizations listed under paragraph 3 of this
article, indicate all organizations of employees and employers whose main
objective is improvement and protection of the employees and employers
interests.
Article 77
The organizations of employees and employers enact their statute, regulations and program, elect their delegates and set the method of administration and management of their activities.
Article 78
The organizations of employees and employers can not be discharged nor can their activities be suspended by way of administrative procedures if they are established and function according to law and other regulations.
The activities of the syndicates and their delegates can not be restrained through acts of the employers if they are in compliance with the law and the collective agreement.
Article 79
According to law, employees are permitted to go on strike for the purpose of attaining their economic and social rights resulting from employment.
Article 80
According to this act, syndicate delegates are individuals that have been freely elected by the syndicate, members of the syndicate or employees, in compliance with the statute and have been entered in the register of the syndical organizations.
Article 81
Syndical organizations are entered in separate registers maintained by the organ of the government administration in charge of labor related issues.
Article 82
Employers are obliged to facilitate the activities of the syndicate regarding the protection of employment rights of the employees.
In cases of formation of more than one syndicate with the employers, the obligations under paragraph 1 of this article imply solely to the predominant syndicate.
Article 83
Delegates of syndical organizations are granted special protection and are not liable to be called on nor can they be placed in unfavorable positions involving employment termination, due to syndicate membership or participation in syndicate activities which protect the employees rights and interests, should they be in compliance with the law and the collective agreement.
Syndicate delegates are granted special protection during their mandate.
PART V
COLLECTIVE AGREEMENTS
Article 84
Collective agreements regulate employment rights, obligations and responsibilities of the employees and employers, in compliance with the law and other regulations, as well as the extent and means of fulfilling the rights, obligations and other stipulations pertaining to the interests of the employees and employers and the procedures for the settlement of mutual disputes.
Collective agreements are implemented directly and are mandatory in organizations which have concluded the mentioned agreements on behalf of all employees and employers.
Article 85
Collective agreements are concluded in writing for a limited or unlimited term.
Article 86
Collective agreements can not contain provisions which determine inferior rights or less favorable working requirements than the rights and requirements defined by law. Should collective agreements contain such provisions, the appropriate provisions determined by law shall be implemented.
Decisions and acts which determine the employees rights can not oppose the collective agreement unless they are more beneficial to the employees.
In cases when employers perform several activities,
the provisions of the collective agreement pertaining to the activity occupying
most of the employees shall be implemented.
Article 87
Collective agreements are concluded on the level of
the Republic, as branch agreements or with employers.
Article 88
On the level of the Republic of Macedonia, the
leading syndical organization of the employees concludes a general collective
agreement pertaining to employees and employers of the economy of the Republic.
on the level of the Republic of Macedonia, the
Government of the Republic of Macedonia and the leading syndical organization
conclude a general collective agreement pertaining to public services, public
enterprises, government agencies, organs of the local self-government and other
legal entities rendering noncommercial activities.
Article 89
The empowered syndical organization and the
empowered organization of the employers, which are determined by the statute of
the syndical organization and that of the employers organization, conclude a
branch collective agreement.
Article 90
Collective agreements on the level of employers are
concluded by managing boards or other respective management bodies, which are
determined by law, i.e., with the statute of the employers, i.e., between
employers and syndicates.
Article 91
Collective agreements are considered as concluded
after the underwriting of authorized delegates of the participants in the
collective negotiations.
Article 92
General and branch collective agreements, their
amendments and annexes are registered in the organ of the government
administration in charge of labor related issues and are published in the
"Official Gazette of the Republic of Macedonia,,.
Collective agreements on the level of employers are
comprised in the form designated in the agreement.
Article 93
Should the organ of the government administration in
charge of labor relates issue decide during the registration of general and
branch agreements, that particular provisions of the collective agreement are
not in compliance with the law or the general collective agreement, the
signatories of the agreement shall be notified and the term for reconciliation shall
be set.
Should the signatories of the collective agreement
fail to eliminate the unresolved provisions within the set term, the official
of the government administration organ will undertake legal action with the
authorized court to examine the legitimacy.
Article 94
Should disputes arise during the conclusion,
amendment or annexation of a collective agreement, they shall be resolved as
designated in the collective agreement.
In cases of disputes related to collective
agreements, special arbitration committees shall resolve the questions at
issue.
Collective agreements define the structure, the
functioning process and the legal impact of the decision of the arbitration
committee.
Article 95
Collective agreements cease to be valid after the
designated date of expiration.
The validity of collective agreements may be
extended by way of settlement of the participants, which is to be concluded 30
days latest before the expiration of the collective agreement and registered
with the empowered organ designated in article 92 of this act.
The validity of collective agreements, concluded for
an unlimited period, may cease through settlement of the participants as
designated in the agreement.
Article 96
Participants
in collective negotiations may control the application of collective agreements
in ways determined by the collective agreement.
Article 97
When determining salaries, participants in the
collective negotiations are obliged to consider the defined salary policy and
the basic accumulative amounts in the macro-economic policy of the appropriate
year.
The Government of the Republic of Macedonia is
obliged to notify participants in the collective negotiations, should the
evaluations of the accumulative amounts alter, as designated in paragraph 1 of
this article.
The Government of the Republic of Macedonia shall
propose the passing of a law, should the participants in the collective
negotiations fail to observe the defined salary policy.
The Government of the Republic of Macedonia may form
a committee in charge of salaries and comprised of delegates of the syndical
organizations, employers and Government members, which is to indicate to the
participants in the collective negotiations the salary determining factors in
accordance with the accumulative amounts in the macro-economic policy of the
appropriate year.
PART VI
LIABILITIES
Article 98
Employees, who are responsible for causing damages
to employers at work or pertaining to work, are obliged to compensate the
damages.
Should the damage be caused by several employees,
each employee shall be responsible for their portion of the damage.
In cases when the portion of the damage can not be
determined for each employee, all employees shall be equally responsible for
the damage and shall compensate the damage in equal portions.
In cases when several employees cause damages
committed as a premeditated criminal act, they shall be charged collectively.
Article 99
The managing board or the organ appointed by the
board, shall bring charges that are to delineate and compensate the damages.
In cases when damages can not be estimated observing
the price list of the employer, an expert committee, which is appointed by the
employer or by the organ, shall determine the existence of damages, their occurrence,
the extent of the damages and their cause.
Article 100
Decisions for compensation of damages are brought by
employers or their appointed organs.
Employees may file a complaint against the decision
for compensation of damages to the organ, which is designated in the collective
agreement, within eight days from the issuing date of the decision.
Article 101
Employers shall bring charges to the authorized
court against employees, should they fail to compensate damages within three
months from the final decision determined by the employers.
Article 102
Employers may release employees from compensation
payments of damages either partially or in full, due to justified reasons and
under the conditions, instances and standards determined in the employers
collective agreement.
Article 103
Employers are responsible for damages induced by
employees on individuals or legal entities either at work or pertaining to
work.
Employers are permitted to demand compensation
payments from employees that have induced damages intentionally or through
extreme carelessness.
Article 104
Should employees suffer damages at work or
pertaining to work, employers are obliged to compensate the damages in
accordance with the general principles for damage liability.
Should employers and employees fail to reach an
agreement for the compensation of damages within 15 days from the final
decision, employees are entitled to demand compensation for the damages from
the authorized court.
PART VII
TERMINATION OF EMPLOYMENT
Article 105
Employment shall terminate
in the following instances:
1) through agreement;
2) following the expiry term
of employment;
3) when enforced by law;
4) through notice and
5) due to economic,
technological, structural or similar transformations.
1. Termination
of employment through agreement
Article 106
Employment may terminate following a written
agreement of termination between employers and employees.
The agreement stipulated under paragraph 1 of this
article is concluded between employees and the managing bodies, i.e.,
employers.
2. Termination
of temporary employment
Article 107
Employment
established on a temporary basis shall terminate after the expiry term of the
employment.
3. Termination
of employment enforced by law
Article 108
Employment
shall terminate through law enforcement in the following instances:
1) when it is determined, according to the
procedure prescribed by law, that employees are no longer capable of work - on
the date of issuing the effective decision that will determine the loss of
working abilities;
2) when according to the provisions of law,
i.e., on the basis of the effective decisions issued by the court or another
organ, employees are prohibited to perform certain tasks and duties and can not
be appointed to other positions - on the date of issuing the effective
decision;
3) when the employees are absent from work
over six months due to a confined prison sentence - on the enforcement date of
the sentence;
4) when employees are absent from work due
to pronounced measures of safety, guidance or protection, lasting over six
months, - on the date the measure is implemented.
5) when employees accrue 40 years of service
or 65 years of age and a minimum of 15 years of service with insurance and when
employers decide to terminate employment, in compliance with the stipulations
determined by law and the collective agreement, and
6) when proceedings have begun regarding the
discontinuation of legal entities, under conditions and in the manner
determined by law.
The
decision of employment termination is brought by the managing bodies or the
employers.
4. Termination
of employment through notice
Article 109
Employment
shall terminate through notice received from employers or given by employees, under the conditions
determined by law and the collective agreement.
Article 110
Employment shall terminate through notice given by employees in the form of a written statement requesting termination of employment.
The notice term, stipulated under paragraph 1 of this article, is set for a minimum of 30 days from the date of submitting the notice request, unless otherwise resolved with the employer.
Article 111
Employment shall terminate through notice received from employers, when employees are incapable of fulfilling the working duties determined by law, the collective agreement and the employment contract, or for violating the working discipline and order.
Article 112
Employment can not terminate through notice received from employers without justifiable grounds concerning the employees behavior or should the reasons not be related to the functioning needs of the employers.
Article 113
The following instances shall not be considered justifiable grounds for termination of employment through notice received from the employer:
1) membership in a syndicates or participation in syndical activities in compliance with the law and the collective agreement;
2) filing complaints or participating in proceedings against employers concerning violations of law or other regulations, or applying to government organs.
3) during maternity leave;
4) during approved sick leave;
5) during approved leave from work and annual leave;
6) during military service or military training;
7) during advanced training for the requirements of employers and
8) during other instances of discontinuance of employment determined by law.
Article 114
Employment may terminate through notice received from employers should employees be provided with working prerequisites and appropriate instructions, guidelines or written notification from employers stating their disapproval of the working performance, and should employees fail to improve their work after 30 days from the expiry date of the provided instructions, guidelines and notifications.
Article 115
Employment shall terminate through notice received from employers due to transgression of the working discipline or nonfeasance of the responsibilities determined by law, the collective agreement and the employment contract particularly for:
1) disobeying the rules of order and discipline prescribed by employers;
2) nonfeasance or dishonest and delayed performance of the working duties;
3) disregarding regulations pertaining to the fulfillment of the working duties;
4) disregarding the scheduled working hours;
5) failing to request leave or to notify employers promptly when taking leave;
6) unapproved leave during three consecutive working days or five discontinued working days in the course of one year;
7) failing to notify employers within 24 hours of absence from work due to illness or justified reasons;
8) misuse of sick leave;
9) deficient handling of the instruments of labor or disobeying technical working instructions;
10) failing to notify employers immediately of damages, defects or losses caused in the process of work;
11) disobeying regulations for protection against illnesses,
protection at work, from
fire, explosions, harmful effects of poisons and other dangerous substances and
violating the regulations for protection of the environment;
12) deficient handling or not maintaining the
means and equipment for protection at work;
13) consuming alcohol and narcotics;
14) illegal and unauthorized use of means
belonging to the employer;
15) committing theft or causing damages to the
employer due to extreme carelessness;
16) misusing and transgressing granted
authorization and
17) revealing business and other secrets.
Other transgressions of the order, discipline and
responsibilities at work may be determined by law and the collective agreement.
Article 116
Employers may alternate notices with fines, that are
not to exceed 150-. of the employees monthly salary, from one to six months,
depending on the employees position, the circumstances under which the working
responsibilities are violated, the employees previous position and behavior,
and the extent of the damage and consequences.
Article 117
Notices of discharge are given to employees by
employers in writing.
At the employees request, employers are obliged to
present a written explanation of the reasons for discharge.
Article 118
By proposal of the managing organs, decisions for
termination of employment through notice concerning executives, are brought by
the employers.
Article 119
The managing organ, who has not been re-elected or has been released from that duty, and whose employment terminates accordingly, shall be given a period of notice in compliance with the provisions of this act.
Article 120
Managing organs shall decide of the termination of employment through notice concerning those employees who have incurred over 25 years of service or at least 20 years continual work with the same employer.
Article 121
The period of notice can not be shorter than 30 days nor longer than six months, depending on the length of the years of service and the reasons for notice, in compliance with the collective agreement.
Employees are entitled to rights and obligations resulting from employment during the period of notice.
Article 122
During the period of notice, employers are obliged to permit employees to take leave for the purpose of seeking new employment in compliance with the collective agreement.
During the leave stipulated under paragraph 1 of this article, employees are entitled to compensation of salary in compliance with the collective agreement.
Article 123
Employees may file complaints to the managing organs, i.e., employers, against notices terminating employment.
complaints are filed within eight days from the date of receiving the notice.
Complaints are resolved within 15 days from the date of submission.
Employees may initiate court proceedings should the resolution following their complaint be unsatisfactory.
Article 124
Should the court decide, following the employees appeal, that employment has been terminated illegally, the decision terminating employment shall be revoked and employers shall be compelled to return employees to positions corresponding to their skills and insure the remaining rights and obligations resulting from employment.
5. Termination of employment through notice,
due to economic, technological, structural
or similar transformations
Article 125
Employment may terminate through notice due to economic, technological, structural or similar transformations, in cases when employers plan to introduce major changes in production, programming, reorganization, structure and technology, requiring reductions in the number of employees.
Article 126
Prior to introducing the changes listed under paragraph 125 of this act, employers are obliged to inform employees and syndicates of the types of changes and the consequences following the discharge of employees, the number and structure of discharged employees, the measures that will be taken to prevent and alleviate the repercussions succeeding such changes and the guaranteed rights of the employees.
Article 127
Employers are obliged to notify employees of employment termination due to economic, technological, structural or similar transformations, at least six months prior to the termination.
Employers are obliged to notify the office in charge of employment intercession of employees whose employment has terminated for the purpose of providing new employment.
Article 128
Employers shall undertake measures to alleviate negative effects following termination of employment, particularly by: limiting the number of new employees; defining the number of employees in order to facilitate the outflow of the labor force; internal reassignment of employees; limiting overtime work; reducing the working hours; vocational retraining and improvement of skills.
Article 129
The number and structure of employees, whose employment shall terminate through notice due to economic, technological, structural or similar transformations, is determined based on the standards defined in the collective agreement observing the requirements for efficient working performance, vocational training and skills, working experience, accomplishments at work, position category and type, years of service, age and other standards defined in the collective agreement.
The collective agreement defines the requirements and standards for protection of disabled persons in cases of terminations of employment through notice as stipulated in paragraph 1 of this article.
Article 130
Employment shall not terminate unless one of the below listed rights have been ensured by employers:
1) employment with other employers, without previous advertisement of the position, through acceptance and conclusion of employment contracts corresponding to the employees vocational training and skills;
2) vocational training, retraining or improvement of skills for employment with the same or with other employers and
3) single severance payments at the level of the employees monthly salary for each two years of service and not exceeding 12 monthly salaries earned in the month prior to the date of termination of employment, payable on the date of termination.
Article 131
Utilized severance pay rights are to be recorded in the employment booklets by employers.
Employees, who have utilized severance pay rights, are obliged to enlist in the office in charge of employment intercession.
Article 132
Employees who have acquired the right to severance pay are entitled to pecuniary compensations and all other rights resulting from unemployment.
Article 133
Employees, whose employment has terminated, are given priority of employment with employers, should they seek employees with corresponding skills within a period of two years.
PART VIII
PROTECTION OF THE RIGHTS OF EMPLOYEES
Article 134
During the fulfillment of particular employment rights, employees are entitled to request protection from employers, before the authorized court, the syndicate, the inspectorate and other organs in compliance with the law.
Article 135
Employees are entitled to lodge claims for the fulfillment of their employment rights and to file appeals against decisions concerning their rights, liabilities and obligations.
Employees shall submit claims and appeals to the organ determined in the collective agreement, within 15 days from the issuing date of the decision violating their rights or from the perceived date of the violation of rights.
The lodging of claims, stipulated under paragraph 1
of this article, restrains the enforcement of decisions until the employers
final decision, except in cases determined by law.
Article 136
The authorized court is obliged to bring a decision
within 15 days from the submission date of the claims or appeals.
Article 137
The administrative organ is obliged, prior to
bringing the decision pertaining to the claim or appeal submitted by employees,
to seek the opinion of the employees syndicate, and to further examine and
explicate the opinion of the syndicate should it be provided.
Syndicates may participate in the proceedings before
the administrative organ, that are to resolve the claim or appeal submitted by
employees, and at the employees request or approval, act on their behalf for
the purpose of fulfilling their rights.
Article 138
Employees, who are discontent with the final
decision brought by the administrative organ, or should the mentioned organ
fail to bring a decision within 15 days from the submission date of the claim
or appeal, may request protection of their rights before the authorized court
within the subsequent 15 days period.
Employees can not seek protection of their rights
before the authorized court prior to requesting protection of their rights
before the administrative organ of the employer, excluding the right to
pecuniary claims.
Employers are obliged, without delay, to enforce the
court decision for protection of the employees rights effected during the
proceedings or latest within eight days from the date of submission, unless
another term is appointed by the court.
PART IX
SUPERVISION AND INSPECTION IN THE FIELD OF EMPLOYMENT
Article 139
The organ of the government administration in charge of labor inspection, supervises the implementation of laws and other regulations pertaining to labor relations and employment as well as collective agreements and employment contracts, that regulate the employment rights, liabilities and obligations of the employees.
Matters concerning the supervision of labor are conducted by labor inspectors-
Article 140
Employees are entitled to appeal to labor inspectors for the purpose of fulfilling their employment rights.
Labor inspectors are obliged to act on behalf of the employees appeals, to notify them of the determined conditions and give advise of how to protect their rights.
Article 141
Should labor inspectors discover violations of the law, other regulations, collective agreements or employment contracts, whose implementation they are to supervise, they shall bring a decision ordering the elimination of the determined irregularities and deficiencies within a set period.
Should employers fail to proceed according to the decision, labor inspectors shall bring action before the authorized court.
Article 142
Should labor inspectors determine that the rights of the employees have been violated with the final decision of the administrative organ, and that employees have not initiated a labor dispute before the authorized court, the labor inspectors shall bring a decision deferring the enforcement of the final decision until the verdict becomes effective.
Article 143
Labor inspectors shall prohibit work on the employers working premises by way
of decision in the following instances:
1) should they come across individuals who have not commenced employment in compliance with the law and the collective agreement and
2) for non-payment of contributions - if employees do not receive health, pension and disability insurance on the basis of employment.
The prohibition of work, stipulated under paragraph 1 of this article shall last 90 days until the submission date of the decision.
Article 144
Complaints may be lodged to the official of the government administration organ in charge of labor related issues against the decision of the labor inspector under articles 141 paragraph 1 and 143 of this act, within a period of eight days from the receipt of the decision.
The enforcement of the decision shall be deferred by the complaint, except for instances under article 141 paragraph 1 and 143 of this act.
PART X
PENALTY CLAUSES
Article 145
Employers shall be fined for violations with penalties in the amount between 50 to 100 average salaries paid the previous month in the Republic and published by the Republic Bureau of Statistics (further referred to as: salaries) in the following instances:
1) for hiring employees that do not fulfill the general and specific working requirements (article 7);
2) if agreements of employment have not been concluded between employers and employees; if agreements are not composed in writing after the final selection and if they have not been verified by the office in charge of employment intercession; if agreements of employment are not kept on the working premises of employers (article 14);
3) if employees commence employment prior to concluding and verifying agreements of employment (article 15 paragraph 1);
4 if employees are ordered to work longer than the working hours determined by law (articles 30, 32 paragraph 1 and 5);
5) for failing to observe the regulations pertaining to the schedule and duration of the working hours in the fields and professions under this act (article 39);
6) for failing to provide: recess during the daily working hours, leave between two consequent working days, weekend leave and annual leave in compliance with this act (articles 40, 41, 42 and 43);
7) for depriving employees the right to return to work after discontinuation, due to military service or completion of military service, when employees and their spouses have been assigned to work abroad or when employees are elected or appointed to state or public functions (articles 52 53 and 54)
8) for failing to protect employees at work and protecting the health of civilians in compliance with the provisions of this act and other regulations (articles 55, 6 and 57);
9) for failing to provide special protection of male and female employees under 18 years of age (articles 58 and 67);
10) for failing to reassign disabled employees are reduced working to other appropriate positions (article 68);
11) for failing to pay salaries and salary compensations to employees in compliance with the provisions of this act and the collective agreement (articles 69-74);
12) for not facilitating the activities of the syndicate (article 82) and
13) for bringing a decision that will terminate employment through notice contrary to the provisions of this act (articles 109-133).
Responsible employees, appointed by employers, shall be fined for violations stipulated under paragraph 1 of this article with penalties in the amount between five and ten salaries.
Article 146
Employers shall be
fined with penalties in the amount between 40 and 90 salaries for the following
violations:
1) for failing to publicly announce the
quest for new employees, the requirements to be fulfilled by the employees and
the period of selection (article 9 paragraph 2);
2) for not submitting an application for the
need of employees and the prerequisites to the office in charge of employment
intercession (article 9 paragraph 1 and 2);
3) if the candidates are selected prior to
the expiry date of the public notification, if the selection is not conducted
in compliance with the law and the employers statute, and if the candidates are
not informed within eight days from the date of the final decision (article 9
paragraph 4 and article 11 paragraphs 1 and 2);
4) if employment booklets are not kept on
the employers working premises during the course of employment, if the date of
employment termination is not entered in the employment booklet, and if
employment booklets are not returned to employees within three days following
termination (article 20)
5) if employees, who have commenced
employment for a limited period, are deprived of their entitled rights in
compliance with this act (article 23 paragraph 2);
6) if employees are assigned to positions
contrary to the provisions of this act (articles 27-29);
7) if approved sick leave is computed as
part of annual leave (article 47 paragraph 1);
8) if the employees salaries, compensations
and salary allowances are not kept on record and if evidence of salaries,
compensations and allowances are not kept on the employers working premises
(article 75);
9) for not enforcing the court decision
within the set period for the protection of the employment rights of the
employees effected during the proceedings (article 138 paragraph 3) and
10) for failing to enforce decisions or not
eliminating the determined deficiencies (article 141 paragraph 1, article 142
and 143).
Responsible employees, appointed by employers, shall be fined for 42 violations stipulated under paragraph 1 of this article with penalties in the amount between five and ten salaries.
PART XI
TRANSITIONAL AND CONCLUDING
PROVISIONS
Article 147
Collective
agreements are concluded or coordinated within a period of three months from
the date this act comes into force.
Article 148
The Labor Relations Act ("Official Gazette of
the SRM" no. 20/90, 27/90, 10/91 and "Official Gazette of the
Republic of Macedonia" no. 18/92 and 12/93) and the Law on Basic Rights of
Employment ("Official Gazette of the SFRJII no. 60/89 and 42/90) shall no
longer be valid on the date this act comes into force.
Article 149
This Act shall come into force on the eighth day
from the date of publication in the "Official Gazette of the Republic of
Macedonia".