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Macedonia, The Former Yugoslav Republic of - Working time - 2007


LAST UPDATE

Information was last updated on 18 June 2007.

SOURCES


Name of Act

Labour Relations Act, 22 July 2005 (No. 910)

LEGAL DEFINITIONS


Part-time work(er)

Working hours are shorter than the full-time working hours with the employer.
1: §48-2

Night work(er)

Work performed between 22:00 and 06:00.

Night shift: 8 uninterrupted hours performed between 22:00 and 07:00.
1: §127

NORMAL HOURS LIMITS


Daily hours limit


General limit

8 hours on average over a 4 month reference period
1: §129

Exceptions

Dangerous work - 8 hours per day
1: §129

Special categories


» Night work

8 hours on average over a 4 month reference period

8 hours per day in dangerous work

Collective agreements can permit these limits to be averaged over a 4-6 month reference period.
1: §129, §136

» Young workers

8 hours per day
1: §174

Weekly hours limit


General limit

40 hours
1: §116-(1)(3)

Exceptions

The 40 hour limit can be reduced to 36 hours by law or collective agreement.

It can be reduced to less than 36 hours for jobs involving danger of injury or health risks.
1: §116-(1)(3), §116-4

Special categories


» Young workers

40 hours per week
1: §174

OVERTIME WORK


Criteria for overtime


General

At the employer’s request, in the following circumstances:

(1) exceptional increases in workload;
(2) the need for continuation of the business or production process;
(3) to avert damage to the work equipment that would result in a suspension of work;
(4) to ensure safety or persons or property and security of turnover;
(5) in other cases stipulated by law or collective agreement.

Overtime work is also permitted in circumstances of force majeure.
It is prohibited for the following to perform overtime work:

(1) older workers;
(2) workers whose health would be affected;
(3) workers who work for less than 36 hours per week on safety and health grounds.
1: §117-1, §119
1: §120-8

Limits on overtime hours


General limits

10 hours per week and 190 hours per year
1: §117-2

Restrictions/exceptions

Overtime performed in circumstances of force majeure can continue as long as necessary.
1: §119

Compensation for overtime work


Overtime rate(s)

Workers who perform more than 150 overtime hours during a year and are not absent for more than 21 days are entitled to one extra month’s salary.
1: §117-3

Special categories


Young workers

It is prohibited for workers under 18 years to perform overtime work.
1: §120-5

Pregnant workers/recent birth

It is prohibited for pregnant workers to perform overtime work.
1: §120-2, §164-1

Disabled workers

It is prohibited for disabled workers who work part-time to perform overtime work.
1: §120-8

Parents

It is prohibited for the following to perform overtime work without their written agreement:

(1) mothers of children under 3 years;
(2) single parents with children under 6 years;
(3) fathers of children or workers who take care of children where the mother is dead, abandons the child or is incapable of living and working independently, according to a medical assessment.
1: §120-3, §164-2, §164-3

SCHEDULES


General

Work schedules are to be determined by the employer.

The working week should be of five days. When required by the nature of activities, the hours can be averaged over a year period, provided working hours do not exceed 40 hours a week and daily hours are not shorter than four per day.
1: §116-2, §123-4, §124, §125-1

REST PERIODS


Rest breaks


General provisions

30 minutes minimum, to be taken not earlier than 1 hour after the start of work and not later than 3 hours before it ends
1: §132-(1)(4)

Special categories


» Part-time work

Part-timers who work at least 4 hours in a day are entitled to a minimum 15 minutes break
1: §132-2

» Young workers

Workers under 18 years are entitled to a rest break of at least 30 minutes after four and a half hours of work
1: §174-2

Daily rest periods


Duration

12 hours
1: §133

Exceptions

Collective agreements can permit the 12 hour rest period to be averaged over a reference period of not more than 6 months where:

(1) the nature of the work requires permanent presence;
(2) the nature of the activity requires continuous work;
(3) an uneven or increased volume of work is foreseen.
1: §136(3)-(4)

Special categories


» Shift work

Collective agreements can permit the 12 hour minimum daily rest period to be averaged over a reference period of not more than 6 months.
1: §136-2

» Young workers

24 hours between two successive working days
1: §174-3

Weekly rest periods


Duration


» General

24 hours
1: §134

» Exceptions

Collective agreements can permit the 24 hour rest period to be averaged over a reference period of not more than 6 months where:

(1) the nature of the work requires permanent presence;
(2) the nature of the activity requires continuous work;
(3) an uneven or increased volume of work is foreseen.
1: §136(3)-(4)

Day specified


» General

Sunday
1: §134(2)-(3)

» Exceptions

Weekly rest can be taken on another day when taking it on a Sunday would compromise the normal functioning of the establishment.
1: §134(2)-(3)

Special categories


» Shift workers

Collective agreements can permit the 24 hour minimum weekly rest period to be averaged over a reference period of not more than 6 months.
1: §136-2

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

6 months for both full and part-time workers
1: §139

Duration


» General

20-26 working days, as specified in a collective agreement in accordance with years of service and working conditions
1: §137-1, §138-1

» Exceptions

3 additional day for older workers.
1: §48-4, §137-2

Schedule and splitting

In determining when leave can be taken, the following have to be taken into account:

(1) work requirements;
(2) the worker’s opportunities for rest;
(3) family obligations.

The employee is entitled to determine 1 day of his or her annual leave without the employer’s agreement, provided it does not jeopardize the work process.
The leave can be divided in to two parts. The first part must be of at least 12 days and used within the calendar year. The remainder can be taken up to 30 June the following year.
1: §141, §144
1: §141

Special categories


» Young workers

Workers under 18 years are entitled to 7 additional days.
1: §176

» Parents

3 additional days for workers who care for a physically or mentally handicapped child.
1: §48-4, §137-2

» Part-time work

Part-timers are entitled to at least 10 days of leave.
1: §48-4, §137-2

» Disabled workers

3 additional days of annual leave for disabled workers and workers with at least a 60% physical impairment;
.

Labour Relations Act, 22 July 2005 (No. 910)
1: §48-4, §137-2

PUBLIC HOLIDAYS

NUMBER

7 days
Act on public holidays, T

EMERGENCY FAMILY LEAVE

Leave can be made available under conditions set out in collective agreements.
A maximum of 3 months per year.
Unpaid leave
1: §147
1: §147
1: §147

PART-TIME WORK


Right to equal treatment


Right/scope

When a worker has part-time contracts with several employers, the employers are obliged to assure the worker simultaneously about taking annual leave and other absences from work, unless it would cause damage to them.
Part-time workers are entitled to the same contractual and other rights, and subject to the same obligations, as full-time workers.

They exercise these rights proportionally to the hours set out in their contracts of employment.
1: §49-3
1: §48-3, §122

NIGHT WORK


Workers' health

Workers who work at night at least 3 hours per day and/or for one-third of annual working hours are entitled to health assessments.
Workers who work at night at least 3 hours per day and/or for one-third of annual working hours are entitled to longer leave periods, adequate food and professional management of the production process.
1: §128-(1) & (3)
1: §128-(1) & (3)

Transfers

Where a health assessment finds a worker to be unfit for night work, the employer may be obliged to transfer him or her to a suitable day position.
1: §128-2

Special categories


Young workers

It is prohibited for workers under 18 years to work between 22:00 and 06:00, except in circumstances of force majeure.
1: §175

Women

Women in industry and construction can work at night only if they are ensured rest on the following day of at least 7 hours between 22:00 and 05:00.
1: §131-(1) & (3)

INFORMATION & CONSULTATION


Information

Employers are required to separately specify overtime hours in the monthly calculation of the worker’s salary.
1: §117-4

Results generated on: 28th July 2014 at 14:22:27.
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