European Social Model and the Harmonization of Macedonian Labour Legislation with the European Union Community Labour Law Cover Image

ИМПЛЕМЕНТАЦИЈА ЕВРОПСКОГ СОЦИЈАЛНОГ МОДЕЛА У РАДНО ЗАКОНОДАВСТВО РЕПУБЛИКЕ МАКЕДОНИЈЕ
European Social Model and the Harmonization of Macedonian Labour Legislation with the European Union Community Labour Law

Author(s): Todor Kalamatiev, Aleksandar Ristovski
Subject(s): Civil Law, Labor relations
Published by: Правни факултет Универзитета у Нишу
Keywords: European social model (ESM); European industrial relations; social “acquis communautaire”; European union community labour law

Summary/Abstract: The European integration process accompanied by the harmonization of the EU member states’ legislation will inevitably lead to the establishment of a European social model which has a “sui generis” legal nature. European social model forms a part of the common legal heritage of the European countries and it can be defined as a system of values that include democracy and individual rights, free collective bargaining, market economy, equal opportunities for all, and social protection and solidarity. Subject of analysis in this paper are both, the essential components of the European social model such as: the social “acquis communautaire” and the European industrial relations. The social “acquis communautaire” is an integral part of the general “acquis communautaire” and it encompasses the regulations arising from the primary and secondary labour law legislation of the EU, decisions of the European Court of Justice and other legal measures of the European Union with a binding or non-binding legal nature. European industrial relations encompass the key features of the European trade union models as well as the types of social dialogue in different EU member states. This paper pays attention to a profound elaboration of the harmonization of two EU labour law directives with the Macedonian employment legislation. The first Directive (Directive 91/533/EEC of 14 October 1991 on an employers’ obligation to inform employees of the conditions applicable to the contract or employment relationship) may be classified in the field of individual employment relations, while the second one (Directive 2002/14/EC of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community) can be subsumed within the field of collective employment relations. Finally, the authors illustrate the advantages and disadvantages of the Macedonian labour legislation in the process of harmonization with the relevant EU directives, indicating the possible areas for improvement of the quality of the labour regulations governing the individual and collective employment relations.

  • Issue Year: LIII/2014
  • Issue No: 68
  • Page Range: 109-128
  • Page Count: 20
  • Language: Serbian
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