North Macedonia
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Labor Relations Law (Official Gazette of the Republic of Macedonia no. 62/05), and
- The Law on Prevention of and Protection Against Discrimination (Official Gazette of the Republic of Macedonia no. 50/2010)
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in North Macedonia.
- Sex
- Race
- Color
- Gender
- Belonging to a marginalized group
- Ethnic origin
- Language
- Nationality
- Social background
- Religion or religious beliefs
- Other types of beliefs
- Education
- Political affiliation
- Personal or social status
- Mental and physical impediment
- Age
- Family or marital status
- Property status
- Health condition or disability
- Religious, political or other conviction
- Membership in trade unions
- National or social origin
- Property and financial situation
- Sexual orientation
- Other personal circumstances, or
- Any other basis anticipated by a law or ratified international agreement
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
The Labor Relations Law defines harassment as any undesired behaviour related to a protected characteristic that aims at or signifies harm to the dignity of an applicant or employee, and which causes fear or creates hostile, humiliating or offensive conduct.
The Law on the Prevention of and Protection Against Discrimination defines harassment as treatment related to a protected characteristic that is aimed at or results in violation of the dignity of a particular person or creation of intimidating, hostile, humiliating or offensive environment, approach or practice.
Sexual Harassment
The Labor Relations Law defines sexual harassment as any verbal, non-verbal or physical behaviour that has a sexual character and aims at or represents harm to the dignity of an applicant or employee, and which causes fear or creates hostile, humiliating or offensive conduct.
The Law on the Prevention of and Protection Against Discrimination defines sexual harassment as unwanted behavior of sexual nature, manifested physically, verbally or in any other manner, aimed at or resulting in violation of the dignity of a person, especially when creating hostile, intimidating, degrading or humiliating environment.
Psychological Harassment (Mobbing)
The Labor Relations Law defines psychological harassment or mobbing as each negative behaviour of an individual or a group that:
- is frequently repeated (in a period of at least six months),
- represents a violation of the dignity, integrity, image and honour of an employee and
- provokes fear or creates unfriendly, humiliating or offensive behaviour the end goal of which may be termination of the labor relation or resignation from the work post.
Filing a Claim in North Macedonia
A claim for employment discrimination or harassment may be filed with the Commission for the Prevention and Protection Against Discrimination or the State Labor Inspectorate.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In North Macedonia, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.