ELIMINATION OF VIOLENCE AND HARASSMENT IN THE WORLD OF WORK – CURRENT SITUATION AND FUTURE CHALLENGES IN THE CONTEXT OF MACEDONIAN LABOUR LAW

Abstract

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.