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2021, vol. 9, iss. 2, pp. 64-74
Harmonization of European legislation in the field of safety and health at work in the legal system of the Republic of North Macedonia
Faculty of Law at the University "Goce Delchev", Shtip, North Macedonia

emailandon.majhosev@ugd.edu.mk, kristijan.072096@student.ugd.edu.mk
Keywords: work safety and health; employer; employee; harmonization; directive
Abstract
Occupational safety and health is one of the most important international labor standards of ILO. This means that ILO member states should ensure encouraging and maintenance at the highest level of safe working conditions in order to avoid accidents and occupational diseases. Achieving this goal means that employers must make a continuous risk assessment at the workplace, and at the same time decide whether appropriate measures and activities are necessary in order to create the highest level of safety and health at work, i.e. to avoid side effects. In order to achieve this goal, a systematic approach is necessary in preventive action and connection of all entities that are bearers of certain obligations and activities at the national level, but also beyond the international institutions in this area. By application for membership of the Republic of Macedonia in the European Union on 22 of March 2004, the process of harmonization of the domestic with the European labor legislation begins, and thus inevitably harmonization of the domestic legislation for safety and health at work with the European. Thereby, this process takes place pursuant to article 32 of the Constitution of the Republic of Macedonia, according to which the protection of workers is of primary importance, i.e. health and safety at work is a constitutional-legal category and every individual has the right to work, free choice of employment and work protection. In the harmonization process the basic concept is the Framework Directive 389/391/EES for safety and health at work, according to which the national legislation on safety and health at work should be harmonized exactly according to the principles of this directive.
References
*** (1966) International pact for economic, social and cultural rights of UN
*** (2008) Methods of harmonization of the national legislation to the European Union law. Skopje: Macedonian Academy of Sciences and Arts, Book-2, 12
*** National Program for the Adoption of the Approximation of EU Legislation. Approached on 01.12.2020 https://www.mtsp.gov.mk/nacionalnaprograma-za-usvojuvanje-na-pravoto-naeu-npaa.nspx
*** International cooperation. Official site of the assembly of the republic of north Macedonia, Last time approached on 07.01.2020, https://www.sobranie.mk/usoglasuvanjena-zakonodavstvoto.nspx
*** (2007-2015) Law on occupational safety and health. Official gazette of Republic of Macedonia, Revised version, 92/07, 136/11, 23/13, 137/13, 164/13, 158/14, 15/15, 129/15, 30/15
*** Unique European act of 1986
*** (2005) Law on labor. Official gazette of RM, no.62
*** Reports on the progress of the Republic of Macedonia for the period 2006-2020
*** (1989) Charter of the Association for the Fundamental Social Rights of employees
*** (1948) Universal declaration of Human rights
Belovski, V., Majhoshev, A. (2017) Labor law. Shtip: University Goce Delchev
Benjamin, A. (2011) Basic principles of occupational safety and health. Skopje: MZZPR
Commission of the European Communities (1995) White Paper: Preparation of the Associated Countries of Central and Eastern Europe for Integration into the Internal Market of the Union. Luxemburg-Brussels: Office for Official Publications of the EC, COM(95) 163 final. Executives summary Vol.I, page 3-6
ILO The Philadelphia Declaration of 10 of June 1944
Majhosev, A., Paraklieva, V. (2019) Legal and institutional framework for safety and health at work in the Republic of North Macedonia. Journal of Process Management: New Technologies, vol. 7, br. 2, str. 44-53
Velkovski, T. (2018) Safety and health at work. Skopje: MZZPR
 

About

article language: English
document type: Professional Paper
DOI: 10.5937/jouproman9-31909
published in SCIndeks: 07/05/2021
peer review method: double-blind
Creative Commons License 4.0

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