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> DIALOGUE - page d'accueil > EPLex: une base de données sur les législations de protection de l'emploi > Macédoine, Ex-République yougoslave de

Macédoine, Ex-République yougoslave de - Voies de recours et procédure contentieuse en cas de litiges individuels


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Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

NOTE: This information has changed since the previous period covered.
Remarks:
  • Art. 102.5 LRA, with the 2012 amendment has been renumbered as Art. 102.4 LRA and modified to state that when the court establishes that the dismissal was unlawful and it is unacceptable for the employee to be reinstated, the court, at the employee's request, shall specify the date of termination of employment and will oblige the employer to pay wages in accordance with paragraph 2 of the same article. Art. 102.2 LRA, also brought with the 2012 amendment, states that in addition to the return to work, the employer shall pay the employee the gross salary which the employee would have taken if he/she was at work in accordance with the law, the collective agreement and employment contract, reduced by the amount of income that the employee has achieved on the basis of work after the termination of employment.
    According to the previous regulation before the 2012 amendment, when the court would establish that the dismissal was unlawful and if the employee would find unacceptable the reinstatement, the court, at the employee's request, had to fix the date of termination of employment and award compensation depending on the employee's length of service, age, social status and family responsibilities.(previously art. 102(5)LRA).

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 101(1) LRA: if the Court rules that the employment contract was unlawfully terminated, the employee must be reinstated if he/she so requests.

Conciliation préalable obligatoire: Non

Remarks:
  • No preliminary mandatory conciliation.
    However, the LRA provides that in the event of dismissal with notice, the employee is authorised to file a complaint to the management body or to the employer within 8 days from receipt of the dismissal decision. The employer must reply to the complaint within 8 days, and during that period the execution of the dismissal decision is suspended. If the employee is not satisfied with the response he/she may initiate a dispute before the competent court (art. 93 LRA).
    In case of termination of employment by the employer without a notice period (summary dismissal), the employee is entitled to complain to the management body or to the employer within 8 days from the receipt of the decision on the dismissal. The employer or the management body must give the response to the complain in the period of 8 days. In case the employee is not satisfied with the response, he/she has a right to initiate proceedings before the competent court within 15 days. In this case, while the procedure is ongoing, the execution of the dismissal decision is not suspended (Art. 91 LRA).

Courts ou tribunaux compétents : juridiction ordinaire

Remarks:
  • Art. 91 and 93 LRA ("competent court").

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • Art. 29 of the Law on peaceful resolution of labour disputes stipulates that individual labour disputes concerning termination of employment can be settled through arbitration. The arbitration award concerning an individual labour dispute shall be issued within 30 days form the opening of the hearings, which shall start within 3 days of the submission of the case (arts. 33 and 35 of the above-mentioned law).

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 102(5) LRA (as last amended) stipulates that when the court establishes that the dismissal was unlawful and it is unacceptable for the employee to be reinstated, the court, at the employee's request, must fix the date of termination of employment and will award compensation depending on the the employee's length of service, age, social status and family responsibilities.
    [Note that this provision was amended in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008]. Prior to the reform, art. 102(5) LRA provided for compensation in lieu of reinstatement at at least 3 months' wages but not more that 12 months' wages, depending on the above-listed criteria].

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 101(1) LRA: if the Court rules that the employment contract was unlawfully terminated, the employee must be reinstated if he/she so requests.

Conciliation préalable obligatoire: Non

Remarks:
  • No preliminary mandatory conciliation.
    However, the LRA provides that in the event of dismissal with notice, the employee is authorised to file a complaint to the management body or to the employer within 8 days from receipt of the dismissal decision. The employer must reply to the complaint within 8 days, and during that period the execution of the dismissal decision is suspended. If the employee is not satisfied with the response he/she may initiate a dispute before the competent court (art. 93 LRA).
    In case of termination of employment by the employer without a notice period (summary dismissal), the employee is entitled to complain to the management body or to the employer within 8 days from the receipt of the decision on the dismissal. The employer or the management body must give the response to the complain in the period of 8 days. In case the employee is not satisfied with the response, he/she has a right to initiate proceedings before the competent court within 15 days. In this case, while the procedure is ongoing, the execution of the dismissal decision is not suspended (Art. 91 LRA).

Courts ou tribunaux compétents : juridiction ordinaire

Remarks:
  • Art. 91 and 93 LRA ("competent court").

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • Art. 29 of the Law on peaceful resolution of labour disputes stipulates that individual labour disputes concerning termination of employment can be settled through arbitration. The arbitration award concerning an individual labour dispute shall be issued within 30 days form the opening of the hearings, which shall start within 3 days of the submission of the case (arts. 33 and 35 of the above-mentioned law).

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 102(5) LRA (as last amended) stipulates that when the court establishes that the dismissal was unlawful and it is unacceptable for the employee to be reinstated, the court, at the employee's request, must fix the date of termination of employment and will award compensation depending on the the employee's length of service, age, social status and family responsibilities.
    [Note that this provision was amended in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008]. Prior to the reform, art. 102(5) LRA provided for compensation in lieu of reinstatement at at least 3 months' wages but not more that 12 months' wages, depending on the above-listed criteria].

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 101(1) LRA: if the Court rules that the employment contract was unlawfully terminated, the employee must be reinstated if he/she so requests.

Conciliation préalable obligatoire: Non

Remarks:
  • No preliminary mandatory conciliation.
    However, the LRA provides that in the event of dismissal with notice, the employee is authorised to file a complaint to the management body or to the employer within 8 days from receipt of the dismissal decision. The employer must reply to the complaint within 8 days, and during that period the execution of the dismissal decision is suspended. If the employee is not satisfied with the response he/she may initiate a dispute before the competent court (art. 93 LRA).
    In case of termination of employment by the employer without a notice period (summary dismissal), the employee is entitled to complain to the management body or to the employer within 8 days from the receipt of the decision on the dismissal. The employer or the management body must give the response to the complain in the period of 8 days. In case the employee is not satisfied with the response, he/she has a right to initiate proceedings before the competent court within 15 days. In this case, while the procedure is ongoing, the execution of the dismissal decision is not suspended (Art. 91 LRA).

Courts ou tribunaux compétents : juridiction ordinaire

Remarks:
  • Art. 91 and 93 LRA ("competent court").

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • Art. 29 of the Law on peaceful resolution of labour disputes stipulates that individual labour disputes concerning termination of employment can be settled through arbitration. The arbitration award concerning an individual labour dispute shall be issued within 30 days form the opening of the hearings, which shall start within 3 days of the submission of the case (arts. 33 and 35 of the above-mentioned law).

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 102(5) LRA (as last amended) stipulates that when the court establishes that the dismissal was unlawful and it is unacceptable for the employee to be reinstated, the court, at the employee's request, must fix the date of termination of employment and will award compensation depending on the the employee's length of service, age, social status and family responsibilities.
    [Note that this provision was amended in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008]. Prior to the reform, art. 102(5) LRA provided for compensation in lieu of reinstatement at at least 3 months' wages but not more that 12 months' wages, depending on the above-listed criteria].

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 101(1) LRA: if the Court rules that the employment contract was unlawfully terminated, the employee must be reinstated if he/she so requests.

Conciliation préalable obligatoire: Non

Remarks:
  • No preliminary mandatory conciliation.
    However, the LRA provides that in the event of dismissal with notice, the employee is authorised to file a complaint to the management body or to the employer within 8 days from receipt of the dismissal decision. The employer must reply to the complaint within 8 days, and during that period the execution of the dismissal decision is suspended. If the employee is not satisfied with the response he/she may initiate a dispute before the competent court (art. 93 LRA).
    In case of termination of employment by the employer without a notice period (summary dismissal), the employee is entitled to complain to the management body or to the employer within 8 days from the receipt of the decision on the dismissal. The employer or the management body must give the response to the complain in the period of 8 days. In case the employee is not satisfied with the response, he/she has a right to initiate proceedings before the competent court within 15 days. In this case, while the procedure is ongoing, the execution of the dismissal decision is not suspended (Art. 91 LRA).

Courts ou tribunaux compétents : juridiction ordinaire

Remarks:
  • Art. 91 and 93 LRA ("competent court").

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • Art. 29 of the Law on peaceful resolution of labour disputes stipulates that individual labour disputes concerning termination of employment can be settled through arbitration. The arbitration award concerning an individual labour dispute shall be issued within 30 days form the opening of the hearings, which shall start within 3 days of the submission of the case (arts. 33 and 35 of the above-mentioned law).