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Petition to the Constitutional Court of the Republic of Macedonia regarding the changes in the Labour Law

This post is also available in: Македонски

A written pettion from the Macedonian Women’s Lobby and the National Council-Union for Gender Equality was send to the Constitutional Court on the occasion of the latest changes in the Labor Law regarding the maximum age limit for retirement of women.

Constitutional Court to initiate a procedure for assessing the constitutionality of:
- Paragraph 2 in part: “(men) or 65 years of age (women)” and
- Paragraph 4 in part: “(a man), or up to age 65 years (women).”
The above provisions of Article 5 of the Law Amending the Law on Labour legally establish discrimination between the sexes is not in accordance with the Constitution and international law.

Fundamental value of the constitutional order of the Republic are the basic rights and freedoms of citizen, recognized in international law and in the Constitution (Article 8, paragraph 1, item 1).
In the part of the civil liberties and rights as natural rights that man acquires at birth, states: “The citizens of Macedonia are equal in their rights and freedoms irrespective of sex, race, color, national and social origin, political and religious beliefs, property and social status. citizens before the law and the Constitution are equal “(article 9 of the Constitution).
In the part of economic and social rights and freedoms is ascertained: “Everyone has the right to work, to free choice of employment, protection at work and material assistance during temporary unemployment. Anyone, under equal conditions,has a access to each job (Article 32, paragraph 1 and 2 of the Constitution).
The Constitution prohibits any discrimination on grounds of sex, and Article 5 of the Law establishes the legal discrimination, although the Constitution provides that citizens are equal before the law.
Woman in Republic of Macedonia for decades suffered discrimination in the labor legislation in terms of gender and justify positive discrimination or privilege for women. Article 5 provides for the right of free choice of the employee to continue employment or not to continue on exhibition of a certain age. Woman have to decide whether they wants the privilege or equality with the other sex. For the right to free choice of continuation of employment on the basis of gender equality, women should decide whether to continue employment as well as a man or not. This is discriminatory attitude of the legislator which represent woman as less capable comparable to man to work and to decide on her working relationship.

With the article 5 of the Laboour Law in the Republic of Macedonia, discriminated half of the employed population, female employees. Apparently legislator considers women less capable and shows no concern with gender discrimination, that for the modern democratic state as it is Republic of Macedonia is undignified attitude towards woman.
We propose ;
The Constitutional Court, in an emergency procedure to annul these sections of Article 5, paragraph 2 and 4 of the Law on Amending the Law on Labour, to comply with constitutional provisions in order to achieve gender equality and equality of citizens before the law regarding the free choice of employees for continued employment, to be given the equal opportunity to woman to choose her retirement at 62 years or 67 years by her own choise.
The urgency of the procedure is required because the deadline for a decision on the continuation of employment, 31 August in the current year. Women which are this year 2014 eligible for pension, if the Constitutional Court annulled the discriminatory provisions of the labor will not be able to continue employment if they miss the legal deadline.