Social Strategy of the European Union for the Protection of Non-Standard Workers: European Law’s Direct Influence on Macedonian Labour Law

Abstract

From the outset, the need to establish the Treaty of Rome emerged due to economic demands, as well as the need to enable the free movement of production and factors of production (goods, services, labour and capital). It was proven that the European Community needed to unite the economic forces of the European countries. Yet, a key question arose: Should the European Union have a social strategy and what will be its evolution? The answer, clearly affirmative, underscores the need for effective social protections for non-standard workers, which should be equivalent to those provided to workers employed under traditional full-time, permanent contracts. This paper examines the application of the Labour Relations Law. The provisions that provide legal protection to non-standard workers are precisely determined – cases that we increasingly encounter in practice. Insufficient awareness can lead to falling into the so-called legal mazes, that is, ambiguous legal solutions that employers use in order to protect themselves at the expense of the employee. This paper seeks to explain the mechanisms of functional legal protection that workers enjoy during the employment relationship and after the termination of the employment contract, as well as which institutions in North Macedonia are responsible for protecting workers’ rights through the application of European and domestic law, all with the aim of enabling better social protection for non-standard workers. Since its independence, the Macedonian labour market has been characterized by high unemployment and low rates of employment and activity. Nevertheless, in the last decade, there has been significant progress in all major labour market indicators.