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SUCCESS OF CCM: “THE PERFORMANCE PER OUTPUT” REJECTED BY THE CONSTITUTIONAL COURT

SUCCESS OF CCM: “THE PERFORMANCE PER OUTPUT” WAS REJECTED BY THE CONSTITUTIONAL COURT!

Following the initiative of CCM to the Constitutional Court – “the performance per output” will no longer be the basis for the minimum wage in the Republic of Macedonia.

The Constitutional Court of the Republic of Macedonia at its session held on 18 April 2018 upon the initiative of the Federation of Trade Unions of Macedonia with a Decision No. 133/2017-1 abrogates Article 2, paragraph 1, in the part: "and realized performance per output" and paragraphs 2, 3 and 4 and Article 7-b paragraphs 1 and 3 of the Law on Minimum Wage in the Republic of Macedonia ("Official Gazette of the Republic Macedonia "No. 11/2012, 30/2014, 180/2014, 81/2015, 129/2015 and 132/2017).

The Federation of Trade Unions of Macedonia has initiated a procedure for assessing the constitutionality of the provisions of the Minimum Wage Law stating that the employer is obliged to pay to the employee the lowest monthly amount of the basic salary which according to the legal provisions does not only depend on the performed work in a full working time, but also from the performance per output, which is determined by the employer within the framework of its activities in the operational process.

The Federation of Trade Unions of Macedonia, since the preparations of the Draft Law on Amending and Supplementing the Law on Minimum Wage in the Republic of Macedonia, gave its opinion during the meetings of the Economic and Social Council and has submitted official letters to the Ministry of Labor and Social Policy and the Ministry of Finance noting that CCM does not agree with the Proposal contained in Article 1 of the Draft Law on Amending the Minimum Wage Law referring to Article 2 of the Minimum Wage Law.

During the procedure for enacting the amendments to the Law, CCM has indicated that the minimum wage should not be conditioned by “the performance per output” defined solely according to the criteria established by the employer.

The Federation of Trade Unions of Macedonia has filed an initiative to assess the constitutionality of the legal decision that was accepted by the Constitutional Court on 21 February 2018. The Constitutional Court, reviewing the initiative, issued a Decision to abolish the aforementioned provisions, thus allowing legal certainty in the implementation of the Minimum Wage Law for all workers in the Republic of Macedonia.

CCM once again has proven that is a representative trade union and current social partner in the state acting to protect and promote labor rights for all workers in RM.

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