EMPLOYMENT CONTRACT

MACEDONIAN/TURKEY LABOR
LAW

Asst. Prof. Dr. Fjolla Kaprolli Ismaili

FACULTY OF LAW
INTERNATIONAL BALKAN UNIVERSITY
MACEDONIAN LABOR LAW
 EMPLOYMENT CONTRACT IS THE ONLY LEGAL
BASE FOR STARTING EMPLOYMENT
 EMPLOYMENT CONTRACT IS ALWAYS IN
WRITTEN FORM
 IT IS KEPT IN THE EPLOYER OFFICE IN CASE OF
INSPECTIONS
 WHEN THE WORKER STARTS THE WORK HE IS
PUT IN THE SYSTEM OF THE AGENCY OF
EMPLOYMENT AND HE HAS HEALTH AND
PENSION INSURANCE
DEFINITION OF EMPLOYMENT
CONTRACT
 EMPLOYMENT CONTRACT IS DEFINED AS TWO
SIDE CONTRACT BETWEEN THE EMPLOYER AND
EMPLOYEE. The employee is recruited by employer for
salary
 This definition has three elements:

 Element for work to be performed by employee

 Element for payment for the work performed by

employee
 Element of subordination
EMPLOYMENT CONTRACT BY LABOR
LAW
 General conditions for signing the agreement
- 15 years old

- - good health conditions

- Specific conditions for work

- - Depends from the job that is performed by the

employee so the employer can make tests for the
candidates to prove if they are ready for the job
WHAT SHOULD THE CONTRACT AGREEMENT
CONTAIN
 1) Informations for the parties of the contract, the residence or
adress;
 2) the starting date for work

 3) job position and description of the job position

 4)obligation for the employer to explain the special health

rules and risks for the employee
 5) duration of the work agreement

 6) article for full time agreement or parttime

 8) article for work time duration, daily, weekly, monthly

 9) salary
 10) other payments for the workers regarding the law,
like travel payments ect
 11) articles for vacation, yearly, weekly, daily

 12) legal acts of the employer and other informations for

the rights and obligation of the worker regarding the law
and collective agreements
 Special forms of employment contracts
 Employment contract on part time

 Employment contract on part time with more employers

 Employment contract for home working

 Employment contract for home workers

 Employment contract for managers

LEGAL SANCTIONS FOR THE
EMPLOYER
 Up to 7000 euros fine for the employer who has not signed
contract agreement with the worker or the worker is not health
or pension insured

 Up to 3000 euros for the employer who is not keeping copy of

the employment agreement or has not given copy to the
employee of the employment contract
 If the employer signed contract agreement with worker who has
not turn 15 years
 If the contract is not in compliance with the Labor Law articles
 If the employer signs employment contract WITH
FOREIGNER not in compliance with Labor Law and the Law
for employment of foreigners
OBLIGATION FOR THE WORKER TO KEEP THE
BUSINESS SECRET
 The worker regarding the Labor Law is obligated to keep the
business secret
 Definition of business secret:

 All the documents and informations that the workers is getting

in the process of working and it is obligated to keep as business
secret

 Concurrent clause in the employment contracts- it should be in

written to be obligatory for the workers, it means that the
workers should not work in company with the same goals after
ending the employment contract. Otherwise the employer can
sue for compensation after finding if the worker broke the
concurrent clause
SPECIAL EMPLOYMENT CONTRACTS
 PART TIME EMPLOYMENT CONTRACTS
- Benefits for the worker

- Rights for the workers proportionally regarding the

working time
- PART TIME EMPLOYMENT CONTRACT WITH
MORE EMPLOYERS

-- The workers can work part time at two or more places

but not more then the legally set working hours, for
example the professor can teach in more schools,
universities
EMPLOYMENT CONTRACTS FOR
WORKING FROM HOME
 Benefits for the workers:
- Flexible in working hours

- No financial costs for coming for work

- No interruption from the colleges

- Time spend for coming and going to work it can be use

for other activities

- Question:

- Think which professions are suitable for this kind of

work
 Negative aspects from working from home
- No socialization for the workers

- No opportunities for career upgrades since the worker is

not informed for the daily work of the company
- In the era of globalization more people decide to work
from home with foreign companies
 Employment contracts for home helpers
Special form of agreement regarding the work performed
but very usual just oral contract

Question
How employer avoid signing employment contracts with
house helpers?
MANAGERIAL CONTRACTS
 If the contract is signed with manager of the company
then the managerial contract can contain different
articles regarding:
 1) working time

 2) vacation time;

 3) salary

 4) ending of the employment contract and other

POSTED WORKERS EMPLOYMENT
CONTRACT
 Special articles regarding
 1) working period in the foreign state

 2) holidays and free days

 3) min vacation period

 4) salary and the currency

 5) additional payments

 6) conditions for posting back

SPECIAL CONTRACT WITH CHILDREN
UNDER AGE OF 15
 The children can participate in sports, music and other
activities or ads for certain reimbursement
 Additional consent by the parents or legal advocate of
the children
 Special protection under law
EMPLOYMENT CONTRACT ON
PROBATION
 The employer can sigh employment contract on
probation time with the worker. Regarding Macedonian
Labor Law this probation time is up to 6 months.
 After this period the employer will sign contract with the
employee or not!

 Question
 Think how the employers can abuse this in practice
TRAINEE AND VOLUNTEERS
 The trainee can sign employment contract up to one year
to learn the work…trainee period
 The trainee usually signs contract on fixed term but
sometimes the employer can offer him a long term
contract if he needs the worker
 After the trainee period the trainee should pass the tests
to provide that he is ready for the work
 During this period he receives salary partly
VOLUNTEERS
 Volunteer contract which does not mean employment
contract
 Volunteer period is important for the future career of the
worker
 It is in written