Employment termination is a significant event in any individual’s life, and it’s crucial to understand the legal framework governing it in North Macedonia. The employment law in North Macedonia, as outlined in the Law on Labor Relations, provides clear guidelines for both employers and employees when it comes to ending employment contracts. In this blog post, we will delve into the key aspects of employment termination in North Macedonia to help you navigate this process.

Valid Reasons for Termination

In North Macedonia, employment termination is not at the whim of the employer. The law specifies that an employer cannot cancel an employee’s contract for personal reasons unless the employee did not meet the conditions required for the job, as listed in the published employment advertisement and agreed upon in the employment contract. These conditions typically include the level of education required for the position.

The law stipulates a period of six months for canceling the employment contract if the employee fails to meet these specified conditions at the time of employment. This timeframe is counted from the day the employment contract is signed. It’s important to note that employers must clearly define special conditions for each job, although this requirement may not apply to smaller employers.

According to Article 71 paragraph 2 of the Law on Labor Relations, employers in North Macedonia can terminate an employment contract for the following reasons:

a) Personal reasons on the part of the employee, typically related to the employee’s behavior. b) Violation of work order and discipline. c) Failure to fulfill work obligations.

Employers can also terminate contracts based on business reasons related to the needs of the company.

The Law on Labor Relations in North Macedonia provides a comprehensive list of valid reasons for employment termination. This list includes employee behavior, knowledge or skill deficiencies, and the failure to meet specific conditions mandated by law for the job. In other words, the law strictly prescribes when an employer can terminate an employment contract and exhaustively lists the valid reasons for termination.

Notice Period for Termination and Statute of Limitations

As per Article 94 paragraph 1 of the Law on Labor Relations, when an employer wishes to terminate an employment contract for personal reasons, they must provide notice to the employee. Also, should be pointed out that the termination has a statute of limitation that ends within three months from the date they become aware of the grounds for termination, or within six months from the occurrence of those grounds. This means that the clock starts ticking from the date the conditions leading to termination arise, regardless of when the employer becomes aware of them.

Conclusion

Understanding employment termination in North Macedonia is crucial for both employers and employees to ensure that the process is conducted in compliance with the law. The Law on Labor Relations provides clear guidelines, outlining when and why an employment contract can be terminated. By adhering to these legal provisions, employers and employees can protect their rights and interests in the workplace, promoting fair and just employment practices in North Macedonia.

In summary, employment termination in North Macedonia is subject to strict legal regulations, with a focus on valid reasons and clear notice periods. Employers must adhere to these regulations to ensure a smooth and lawful termination process. If you have any questions or concerns regarding employment termination in North Macedonia, it’s advisable to seek legal counsel to ensure your rights are protected.

Learn more about the employment termination from the Supreme court opinion, on the following link

Note: The above does not constitute legal advice and in no way can be accepted or understood as an instruction to act in a specific case. Each legal situation has its own characteristics that should be reviewed at separately, and for that reason we recommend that you contact a professional – a lawyer – for legal advice.