Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

North Macedonia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1991)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1991)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. Undeclared work. With regard to labour inspection activities pertaining to undeclared work, the Government refers in its report to section 10 of the Law on Inspection Supervision, which establishes the right to be heard for the subjects of inspection supervision, and sections 4 and 14 of the Law on Prohibition and Prevention of Unregistered Activity, which operationalize this principle especially with regard to undeclared work. According to the Government this activity is carried out in order to determine whether the subject of the inspection understands the procedure and the rights and obligations arising from the performed inspection, which would minimize some unwanted situations and damages. The Committee takes note of the detailed information provided regarding the extraordinary inspections in relation to undeclared work performed by the State Labour Inspectorate for the period 2020–23, including the number of inspections undertaken and the number of workers in an irregular situation. In this respect, it notes that the number of extraordinary inspections in relation to undeclared work significantly increased from 33 in 2020 to 669 in 2023. The Government provides information for 2023 with respect to inspection measures taken, including warnings, orders, prohibitions, and the initiation of misdemeanour or criminal procedures, particularly in cases involving unregistered workers. However, the Committee notes the absence of specific information on actions taken by the State Labour Inspectorate to ensure the enforcement of the rights of foreign workers found in an irregular situation. With regard to foreign workers in particular, the Government indicates that the labour relations unit of the State Labour Inspectorate frequently monitors catering and construction sites – industries where foreign workers are most employed – in coordination with Ministry of Internal Affairs officials to identify and protect foreign workers. However, the Committee notes the Government’s indication that due to limitations in national labour laws and resource constraints, inspectors struggle to determine how long a worker has been employed before being found on-site, which limits the possibility for these workers to be afforded legal protection. Additionally, according to the Government, the process is further complicated by the legal framework applicable to the Ministry of Internal Affairs, which mandate immediate court proceedings and potential expulsion for foreign nationals found with irregular status, limiting their access to legal remedies. The Committee recalls that it previously noted the Government’s indication that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals during regular inspections in the areas of labour relations. The Committee notes with concern that the Government once again does not provide information on the measures taken to ensure that these additional functions assigned to labour inspectors do not interfere with their primary functions as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee once again urges the Government to adopt the necessary measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspection, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. The Committee requests the Government to provide information on the number and type of violations identified in the course of labour inspection activities related to undeclared work, including of foreign workers, as well as on the orders issued for the establishment of employment contracts and subsequent penalties imposed. Noting the challenges in enforcing labour rights for foreign workers, the Committee once again requests the Government to provide information on the action taken by the State Labour Inspectorate to ensure: (i) the enforcement of the rights of foreign workers found in an irregular situation, such as the payment of outstanding wages, annual leave and social security benefits; and (ii) improved data on the recovery of wage and social security credits specific to foreign workers without a residence permit.

The Committee is raising other matters in a request addressed directly to the Government.