Iustinianus Primus Faculty of Law

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North Macedonia
(Verlag C.H. Beck, München Germany, 2023)
Kalamatiev Todor
;
Ristovski Aleksandar
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COVID-19 AND ITS IMPACT ON LABOUR RELATIONS IN NORTH MACEDONIA - A Critical Review of Measures Used to Protect Workers During the Pandemic
(INTERSENTIA (Antwerpen-Gent-Cambridge), 2021)
Kalamatiev Todor
;
Ristovski Aleksandar
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Legal Approaches to Protection Against Gender-Based Violence and Harassment at Work with a Particular Focus on the Situation in the Republic of North Macedonia
(Springer Nature Switzerland AG, 2023)
Kalamatiev Todor
;
Ristovski Aleksandar
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Temporary Work and Forms of Work Outside of the Employment Relationship in North Macedonia - de lege lata vs. de lege ferenda
(Schulthess: Zürich - Basel - Genf, 2020)
Kalamatiev Todor
;
Ristovski Aleksandar
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ELIMINATION OF VIOLENCE AND HARASSMENT IN THE WORLD OF WORK – CURRENT SITUATION AND FUTURE CHALLENGES IN THE CONTEXT OF MACEDONIAN LABOUR LAW
(Faculty of Law Iustinianus Primus in Skopje, 2021)
Ristovski Aleksandar
;
Kalamatiev Todor
At a global level, the recognition and regulation of violence and harassment at work generally dates back to the 1980s, first with respect to sexual harassment and then gradually concerning harassment in general (based on the existence of a protected ground of discrimination or independent from it). It was not until 2019 that the International Labour Conference adopted the two international labour standards (Convention No. 190 and Recommendation No. 206) aimed at eliminating violence and harassment in the world of work. These international standards, together with the EU legislation in the field of harassment and sexual harassment, become ‘benchmarks’ for the harmonization and development of the national legal framework for protection against violence and harassment in the workplace in North Macedonia. The national legislation of North Macedonia addresses the issues of harassment and sexual harassment, as well as psychological harassment (commonly named mobbing) as issues covered by several different regulations in the fields of labour, equality and non-discrimination, occupational safety and health and even criminal law. Hence, one of the main goals of this article is to contribute to an improved definition and understanding of the treated concepts in the context of the Macedonian national legislation. The authors of this article also analyze the no less important elements in the system of protection against harassment, such as: determining the definition and scope of application of harassment at work; prevention measures and policies; procedure for protection from harassment; remedies and sanctions for perpetrators.
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THE RIGHT TO PRIVACY IN EMPLOYMENT AND ITS PROTECTION UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS
(Faculty of Law Iustinianus Primus in Skopje, 2020)
Kalamatiev Todor
;
Ristovski Aleksandar
The right to privacy in employment and the protection of the privacy of workers in general, is gaining increasing importance in the information and knowledge-based society. Tectonic changes in the world of work involving new technologies and forms of communication are also shaping the methods of supervision and control performed by employers in the working process. The new methods of surveillance and control through which employers exercise their managerial prerogatives include various forms of electronic surveillance over the use of computers (e.g. Internet access, e-mail), telephones and mobile phones, video surveillance, GPS location and the like. Privacy in the field of employment relations can be problematized in other ways and through the application of other methods too (processing personal data of employees, body checks, medical screening, psychological and polygraph testing, etc.). Hence, modern legal systems face increasing challenges in establishing the appropriate level of balance between protecting workers’ fundamental right to privacy on the one hand, and employers' property rights and managerial prerogatives on the other. In this regard, major concerns are raised about the admissibility and limits of the intrusion of employers into the private life of workers. In this paper, the right to privacy in employment will be analyzed through the prism of Council of Europe regulations (primarily Article 8 of the European Convention on Human Rights) and the jurisprudence of the European Court of Human Rights. The authors will address two important issues: the scope of the right to privacy in the context of employment (ie in which situations, employees have the right to protection of their privacy) and the scope of protection against intrusion into the right to privacy of workers (ie in which situations, employers have the right to justified interference). In addition, other relevant regulations of the Council of Europe and the European Union relating to the protection of the right to privacy, and above all those relating to the protection of personal data, will be taken into account. Despite the negligible legal framework that regulates the right to privacy in the context of employment in North Macedonia and the modest case law in this area, the authors of this paper give a critical review of existing regulations and offer de lege ferenda solutions for better and more efficient regulation on this relatively new but extremely important domain of the employment relationships.
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The approach of EU labour law in redressing the problems of working parents and carers
(Institute of Social Sciences – Center for Demographic Research, 2023-12-15)
Ristovski Aleksandar
;
Kalamatiev Todor
The conflict between employment and family responsibilities, that is, private life in general, is regarded as one of the most pressing concerns of labour law over an extended period. In the context of increasing participation of women in labour markets, ageing of the population and changes in the archetypal forms of employment relationships and families, the issue of reconciling work with family life, i.e. maintaining the work-life balance, affects all social actors: workers, employers and governments. In light of this, the paper first analyses the EU policies and legislative measures related to the special protection of women in relation to pregnancy and maternity, including the right to maternity leave. Additionally, it addresses the special rights of working parents, including the right to parental leave for both men and women workers. Finally, the paper looks at the most recent EU Directive on Work-Life Balance of 2019, providing a critical review of both the newly introduced rights in the Directive, such as paternity and carers’ leave, and the already established rights of parental leave and flexible working arrangements.
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Protection of Employees’ Rights in the event of Collective Redundancies and Transfer of Undertakings: Key Aspects of Harmonization between the EU and Macedonian Labour Law
(Правни факултет у Нишу, 2018)
Kalamatiev Todor
;
Ristovski Aleksandar
Taking into account the obligations arising from the Stabilization and Association Agreement of 2001 (concluded between European Communities and their Member-states and Republic of Macedonia), the country conducts a continuous harmonization of its legal order with the EU law including the legal regulations of the so-called “social” Acquis communautaire. In this regard, the authors of the paper shall analyze the key aspects of the implementation of Directive 98/59/EC on collective redundancies and Directive 2001/23/EC on safeguarding of employees’ rights in the event of transfers of undertakings, businesses, parts of undertakings or businesses within the labour legislation of Republic of Macedonia with a particular focus to the protection of individual employees’ rights in the events of collective redundancies and transfer of undertakings/change of employers.
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Union Security Clauses Versus Freedom of Trade Union Association
(Faculty of Law, University of Niš, 2017)
Kalamatiev Todor
;
Ristovski Aleksandar
The paper analyzes the freedom of trade union association and organization in light of the union security clauses with particular accent on their admissibility in the Macedonian labour law system and the level of their compliance/non-compliance with the Macedonian labour legislation. The union security clauses are reviewed in terms of the initiative for the establishment of a Fund for promotion of social dialogue in the Republic of Macedonia that is supposed to provide for the possibility of “obliging” the non-unionized workers to pay for an agency fee in order to be subsumed under the normative content of the concluded collective agreements. Starting from this, the paper shall refer to possible resolution of the issues regarding the interpretation of the freedom of association of workers as well as the applicability of the collective agreements. In the paper, the authors shall conduct an analysis of the “union security clauses” from the perspective of the comparative labour law and comparative legal practice of certain countries in which such clauses are regulated, as well as the countries where they are prohibited.
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Labour Legislation and Policies aimed at Reconciling Employees’ Professional Commitments with their Personal and Family Life
(Университетско Издателство „Св.Климент Охридски", Софија, 2017)
Kalamatiev Todor
;
Ristovski Aleksandar
This paper presents illustration of the modern policies for reconciliation of professional responsibilities with personal and family life of workers, i.e. its main subject is the doctrine of establishing “work-family” balance. The process of achieving an appropriate work-family balance consists of several measures and fields of action. Basic measures of work-family balance that can be incorporated in the labour legislation are: flexibility in the organization of the working time oriented towards the needs of workers and leave policies. The authors of this paper reflect on the legal regime of regulating the maternity and parental leave. They analyze the existent labour legislation of the Republic of Macedonia that applies to absence due to pregnancy, birth and parenting (de lege lata) with particular reference to the possible means of regulating the motherhood and parenting (de lege ferenda). Additionally, authors illustrate the forms of flexible organization of working time with a special emphasize on part-time work and other forms of flexible working time oriented towards the needs of workers in order to establish a better work-family balance.

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