- Македонски
- English
The annual leave allowance in the private sector is established by GCA for the private sector of the economy and it is mandatory for workers and employers from the private sector.
Recourse to annual leave is a right established through a dialogue between the representatives of the workers in the specific case, the Union of Trade Unions of Macedonia, and the representatives of the employers - ORM, and considering that it is a right regulated by agreement with the signing of a collective agreement, it is expected employers to fully fulfill the obligation they have voluntarily undertaken.
Pursuant to Article 35 of the Labor Code for the private sector of the economy, vacation pay is paid in the amount of at least 40% of the base, provided that the employee has worked for at least 6 months in the calendar year with the same employer.
The base for calculating workers' compensation represents the average monthly net salary per worker in the Republic of Macedonia paid in the last three months.
With a collective agreement at the level of activity or a collective agreement at the level of the employer, annual leave compensation can be determined in an amount greater than the amount determined by this collective agreement.
The recourse for annual leave is paid once during the year, and the amount is determined according to the basis that is valid on the day of making the payment decision.
At the request of the SSM, the Government accepted, and the employers received a greater tax exemption for the payment of vacation pay, and with such a tax exemption of up to 80% of the average salary, the obstacle for employers to pay a higher amount of vacation pay than the established one has been overcome in the amount of 40%.
In a large part of companies where the unions united in the SSM have trade union organizations, employers already pay annual leave compensation in the amount of 100% of the basic salary.
The knowledge says that last year about 90% of the workers who are union members exercised this right, which depends on the health and productivity of workers in the work process, and we expect it to be the same this year, so we appeal to other workers to join. to the union in SSM.
At the same time, on 29.07.2021, the Union of Trade Unions of Macedonia submitted to the Government a proposal for a General Collective Agreement for the public sector, in which, among other things, it proposed - Recourse for annual leave in the amount of 30% to 100% of the base for all employees in the public sector, and we expect the General Collective Agreement to be signed immediately after the end of the local elections, which will correct a great injustice towards the workers in the public sector.
We appeal to employers in the private and public sectors where this labor right is regulated by a collective agreement to fulfill it as soon as possible, bearing in mind that there are no legal restrictions and it is a regulated right in accordance with the Law and Collective Agreement and is a regular payment.
We point out to the workers who will not be paid their vacation pay that they can request intervention through the new mobile application SSM - my workers' rights
Google Play: https://cutt.ly/3bbqgKB
App Store: https://cutt.ly/Jbbqlc7
so that we can intervene with the State Labor Inspectorate, or they can initiate court proceedings to protect their rights.
The free legal aid services of the SSM in Skopje and in the regional trade union representative offices throughout the Republic provide legal assistance and protection for this right from an employment relationship for their membership, and after a report from the SSM and the well-established cooperation with the DIT, the inspectors immediately go out into the field and if there is, they ascertain an irregularity and oblige the employers to act in accordance with the Collective Agreement and to pay this right to the workers.
We remind you that for irresponsible employers who do not pay compensation for annual leave or require workers to return the funds paid on this basis, the Criminal Law provides for a prison sentence of up to 1 year. This legal obligation additionally contributes to the protection and realization of this constitutional and legal right of workers (Law on Amendments and Supplements to the Criminal Code, Official Gazette No. 226 of 2015), and for the last year several criminal charges have already been filed by of SSM.
