Rights and obligations in the
employment procedure

My Labour,
My Rights

Rights and obligations
in the
employment procedure

In general, the employment procedure includes the following:

  • Identifying a need for new workers and defining the method of recruitment (public announcement of vacancies);
  • Meeting defined requirements for employment;
  • Receiving applications of eligible candidates for employment and their selection;
  • Concluding employment contract and the employee commencing work.

The employer may conduct recruitment of new workers   as follows :

  1. By publishing an advertisement paid by the employer, in the daily newspapers or other media outlets;
  2. By advertising at the employment mediation service, free of charge in accordance with law;
  3. By mediation by the employment mediation service and referring individuals from the list of unemployed persons, and
  4. Through an employment mediation agency, with a fee to be paid by the employer in accordance with law.

The first and fourth method of recruitment include fees to be paid by the employer, while the second and third directly involve the Employment Serice Agency of the Republic of North Macedonia providing free of charge services for the employer.

Any individual may be employed upon meeting certain requirements in the form of legal presumptions of being considered fit for employment.

Requirements an individual should meet to be employed may be general or special.

  • General conditions for employment are the following: minimum age for employment, and good health and legal capacity.
  • Special requirements refer to worker’s knowledge, qualities and their relation to the state.

The employment procedure continues by registering individuals meeting the requirements for specific employment.

In the stage of registering eligible employment candidates, the Law on Labour Relations imposes certain obligations and rights for both parties, for workers (employment candidates), as well as for employers.

Obligations and rights of employment candidates :

  • Obligation to provide the employer with evidence for meeting the requirements related to performing the work;
  • Obligation to inform the employer about all facts known to the candidate, including illness and other circumstances relevant to the employment;
  • Right to refuse to answer questions which are not directly related to the employment.

Obligations and rights of employers :

  • The employer may not require information on family, or marital status and family planning, as well as other documents and evidence which are not directly related to the employment;
  • The employer may not require pregnancy tests or pregnancy test certificate for concluding employment contracts with female workers;
  • The employer may not condition the employment contract by signing an agreement relating to termination of the employment;
  • The employer must inform pregnant workers, and workers who have recently given birth or are breastfeeding, about dangers resulting from the work when entering into an employment contract;
  • The employer must inform the candidate, prior to contract conclusion, about the work, working conditions, and employment rights related to the specific job position;
  • The employer may assess, upon contract conclusion, the knowledge and skills of the candidate for performing the work subject of the employment contract;
  • The employer retains the right to freely choose the candidate who meets requirements for performing the work, respecting thereby legal prohibitions, to conclude the employment contract with.

Following a selection procedure of applicants, the employer concludes an employment contract with the selected worker. The date of starting work must be stated in the contract.

A worker may start work only upon the conclusion of the employment contract and their registration in the mandatory social insurance system by the employer.

My Labour.
My Rights
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The Labour Rights Campaign is implemented
by the Economic and Social Council supported by Strengthening Social Dialogue.

The project is funded by the European Union, and implemented by the International Labour Organization

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The content is sole responsibility of the Strengthening the Social Dialogue Project
and does not necessarily reflect the positions of the European Union.

Share

The Labour Rights Campaign is implemented
by the Economic and Social Council supported by Strengthening Social Dialogue.

The project is funded by the European Union, and implemented by the International Labour Organization

partners1

The content is sole responsibility of the Strengthening the Social Dialogue Project
and does not necessarily reflect the positions of the European Union.