E/C.12/MKD/CO/2-4
Minimum wages
31.
While welcoming the adoption of the Law on the Minimum Wage, the Committee is
concerned that the payment of minimum wage is made conditional on compliance with the
“accomplished norm” provided for in article 2 of the Law. It is further concerned that the
minimum wage applied in the textile, garment and leather industries is lower than in other
sectors. As women are overrepresented in these industries, this leads to indirect
discrimination against women. The Committee is further concerned that the amount of the
minimum wages is not sufficient to ensure a decent living for workers and their families
(art. 7).
32.
The Committee recommends that the State party bring the Law on the
Minimum Wage into line with the Covenant and the Minimum Wage Fixing
Convention, 1970 (No. 131) of the International Labour Organization (ILO). It also
recommends that the State party immediately apply the same level of minimum wage
across all sectors, including the textile, garment and leather industries. It further
recommends that the State party increase the minimum wages and regularly adjust
them to the cost of living so as to ensure an adequate standard of living for workers
and their families. The Committee draws the attention of the State party to its general
comment No. 23 (2016) on the right to just and favourable conditions of work.
Equal remuneration for work of equal value
33.
The Committee is concerned that the principle of equal remuneration for “equal
work with equal responsibilities in the same job position, regardless of gender” provided
for in article 108 of the Law on Labour Relations of 2005 is not fully in line with the
Covenant, which requires compliance with the principle of equal remuneration for work of
equal value (art. 7).
34.
The Committee recommends that the State party review article 8 of the Law on
Labour Relations with a view to bringing it fully into line with the Covenant. The
attention of the State party is again referred to general comment No. 23 (2016).
Trade union rights
35.
The Committee is concerned at the restrictions on the right to strike in the Law on
Labour Relations and other labour laws of the State party, including provisions that provide
for the dismissal of a worker taking part in a strike that was already under way (art. 8).
36.
The Committee recommends that the State party amend the Law on Labour
Relations and other labour laws with a view to ensuring that these laws are fully in
compliance with the Covenant and relevant ILO conventions and provide for full
protection of the right to strike, taking into consideration the review of national
labour laws that has been carried out in cooperation with ILO.
Right to social security
37.
The Committee is concerned that the social security system of the State party does
not cover the most disadvantaged and marginalized individuals. It is particularly concerned
at their limited access to social benefits owing to the complicated procedure and eligibility
criteria and at the insufficient level of these benefits. While welcoming the fact that the
2015 amendments to the Rulebook on wire transfers of funds in the calculation of income
for means-tested benefits have been rescinded, it regrets the retroactive application of the
amendments, which has resulted in a large number of beneficiaries being unable to
reimburse the previous benefits and, as a result, losing their entitlement to future benefits
(art. 9).
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