Protection against Workplace Harassment (MK0159)

Which public problem is addressed by the commitment? RNM lacks statistics on the number of mobbing victims. Based on ILO’s research, more than 4% of workers are subject to psychological violence, 2% to sexual harassment and 8% to intimidation and harassment. Taking into account these statistics, it could be assessed that around 111,936 of the total number of employees in RNM are victims of mobbing. From 2013, when the Law on Protection against Harassment in the Workplace was adopted, there have been only two initiated and successfully resolved cases, and one case is pending. According to data from the toll-free line for reporting harassment in the workplace, 65 calls for assistance and support were recorded over a period of two months in 2020, with more than half of them being made by women. This situation is due to insufficient information among workers about this phenomenon, including available protection mechanisms. Mediators in mobbing cases appointed at employers are insufficiently educated about their place and role within the system for protection of 72 workers. Moreover the country has not fully adopted international treaties and mechanisms on this subject matter, i.e. it has not ratified ILO Convention 190 and Recommendation 206, and has failed to organize consultations with all stakeholders for development of legal solutions to this phenomenon.

Main objective of the commitment The commitment’s main objective is to improve the already established mechanism for protection against harassment in the workplace.

How will the commitment contribute to addressing the public problem? Implementation of this commitment will enable information dissemination to employees about their rights to protection against mobbing arising from the Law on Labour Relations and education for selected independent persons appointed as mediators in procedures for resolution of mobbing cases, which have not been covered in systematic manner thus far, ratification of the International Labour Organization’s Convention 190 and Recommendation 206, establishment of electronic and public system for reporting and monitoring status and implementation of all proceedings initiated in mobbing cases, and establishment of working group comprised of practitioners to initiate amendments to the Law on Protection against Harassment in the Workplace.

How is the commitment relevant to OGP values? COMMITMENT IS IMPORTANT FOR TRANSPARENCY because it provides access to new and more information, improves quality of information and access to public information, i.e. facilitates the right to information. COMMITMENT IS IMPORTANT FOR CIVIL PARTICIPATION because it creates opportunities and conditions for public participation and influence in decision-making, and increases opportunities for civil society involvement. COMMITMENT IS IMPORTANT FOR PUBLIC ACCOUNTABILITY because it enables establishment of mechanisms that will contribute to promotion of accountability of public officials.

Additional information The commitment implies activities that will contribute to attainment of goals and actions defined by the Government of RNM after submission of the voluntary national review on implementation of SDGs at the High-Level Political Forum on Sustainable Development in 2020. In particular, next step under SDG1: support for employment of vulnerable groups of people with measures anticipated under the National Strategy on Employment and Strategy for Formalization of Informal Economy, including operational plans for active employment programmes and measures and labour market services. Next step under SDG2: the government will focus on measures to improve the structure of agricultural lands as precondition for development and competitiveness in this sector, improve living and working conditions in rural areas and provide access to knowledge and investment in human capital through reformed services for expansion and education of farmers. Next step under SDG5: one of key priorities of the country in the next years will be continued efforts to improve employment opportunities for women and ensure their protection at work. Next step under SDG8: the government will monitor programmes and activities under relevant action plans for new jobs, improved participation in the labour market and increased labour demands increased competitiveness. Also, it will continue to align national labour legislation with international standards and EU acquis. Link to UN Sustainable Development Goals 73 Link to SDG16: Peace, Justice and Strong Institutions SDG target 16.6: Develop effective, accountable and transparent institutions at all levels.

No. Milestone Indicators Activity holder Start date End date Inform employees about their rights to protection against harassment in the workplace arising from the Law on Labour Relations 3.7.1 Inform employees from public and private sectors about their rights to protection against harassment in the workplace arising from the Law on Labour Relations Guideline is developed (yes/no) Number of employers to which the guideline is distributed SLI and Trade Union of Women's Organizations within the Alliance of Independent Trade Unions of Macedonia October 2021 September 2023 Promotion plan is developed (yes/no) Number of persons outreached with the promotion plan SLI and Trade Union of Women's Organizations within the Alliance of Independent Trade Unions of Macedonia October 2021 September 2023 3.7.2 Education for selected independent persons from public and private sectors as mediators in proceedings for resolution of mobbing cases Number of workshops organized Number of workshop participants Percentile increase in the number of reported cases of harassment in the workplace SLI and Trade Union of Women's Organizations within the Alliance of Independent Trade Unions of Macedonia October 2021 September 2023 3.7.3 Organize consultations with all stakeholders to finalize the Draft Law on Protection against Harassment in the Workplace Number of stakeholders involved Share of stakeholders that MLSP, MFA and Trade Union of Women's Organizations within the October 2021 September 2023 74 have submitted proposals and comments to the draft law (target: 50%) Share of proposals and comments that are integrated in the draft law (target: at least 50% of proposals received) Ratification of ILO Convention 190 and Recommendation 206 (yes/no) Alliance of Independent Trade Unions of Macedonia

Action Plan Review

Commitment 3.7: Improve protection mechanisms for victims of harassment in the workplace

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest