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On the basis of Article 84, 87 and Article 90 of the Labour Relations
Act of the Republic of Macedonia (Official Gazette no.80/93, 3/94,
14/95, 53/97, 59/87, 21/98, 4/99, 102/98, 103/98, 112/98, 155/98,
25/2000, 34/2000, 3/2001) and Article 54 paragraph 1 of the General
Collective Agreement for the Economy of the Republic of Macedonia
(Official Gazette no.29/94, 45/2000) and in accordance with the
Branch Collective Agreement, the Trade Union of "Makedonski
Telekomunikacii" and the joint stock company for telecommunications-"Makedonski
Telekomunikacii" (hereinafter AD Makedonski Telekomunikacii)
conclude
COLLECTIVE AGREEMENT
of the joint stock company for telecommunications
Makedonski Telekomunikacii - Skopje
I. GENERAL PROVISIONS
II. ESTABLISHING LABOUR RELATION
III. EMPLOYEES' RIGHTS AND POSITION
IV. SALARY, SALARY COMPENSATIONS, OTHER EARNINGS AND
BENEFITS
V. SUBVENTIONS
VI. RELATIONS BETWEEN THE TRADE UNION AND THE EMPLOYER
VII. MATERIAL RESPONSIBILITY
VIII. TERMINATION OF EMPLOYMENT
IX. PROTECTION OF EMPLOYEES' RIGHTS
X. PARTICIPATION OF THE EMPLOYEES IN THE MANAGEMENT
XI. RESOLVING DISPUTES AND ARBITRAGE
XII. TRANSITIONAL AND FINAL PROVISIONS
I. GENERAL PROVISIONS
Article 1
This Collective Agreement (hereinafter: Agreement) shall regulate
(further regulate) in accordance with the Law, the General and Branch
Collective Agreement, the rights, duties and liabilities of the
employees who have established labour relation and AD Makedonski
Telekomunikacii (hereinafter "Employer"), as well as the
scope and the way of realization of the rights and duties and other
provisions regarding issues that are in the best interest of the
employees and the Employer, as well as the way and the procedure
for resolving mutual disputes.
1. The scope of the Collective Agreement
Article 2
The provisions of this Agreement shall refer to all employees at
the employer.
In a managerial (special) contract concluded with employees of AD
Makedonski Telekomunikacii, the employer may define additional rights,
duties and liabilities to those defined with this Collective Agreement.
The employees from paragraph 2 of this article , after the expiration
of the effectiveness of the contract or in case of earlier termination
regardless of the party that has initiated it, should be assigned
to a job position which corresponds to the employees' degree of
education according to the provisions of this Collective Agreement.
Article 3
This Agreement shall refer to AD Makedonski Telekomunikacii and
to all its organizations (AD Makedonski Telekomunikacii organizations)
founded by AD Makedonski Telekomunikacii according to the Trade
Company Law, in case when AD Makedonski Telekomunikacii is absolute
or dominant owner of the capital, or if AD Makedonski Telekomunikacii
owns part of the capital that is less than 51%.
The separate specific characteristics of AD Makedonski Telekomunikacii
organizations - in the frameworks defined by the Collective Agreement
of AD Makedonski Telekomunikacii - should be defined with Annex,
prepared maximum 60 days from the beginning of the procedure.
If in some AD Makedonski Telekomunikacii organization Trade Union
organization is not established then all employees are involved
in the preparation of the Annex through selected representatives.
The provisions of this Annex cannot be contrary to the provisions
of this Collective Agreement.
The Annex is an integral part of this Collective Agreement.
2. Relations system between the contracting sides that are concluding
the Collective Agreement
Article 4
The employer at the end of January each year initiates talks with
the Trade Union with which the Collective Agreement was concluded
for harmonization of the interests.
During the collective bargaining both contracting sides can make
suggestions regarding the issues that shall be discussed up to 5
(five) days before the start of the talks.
During the talks for harmonization of the interests the issue regarding
the salary in AD Makedonski Telekomunikacii shall arise.
The subject of the Agreement regarding the salary on the level
of AD Makedonski Telekomunikacii shall be:
- The criteria for salary development
- Measures in the salary policy
- Criteria for defining the lowest - minimum salary
- Stipulation of the value of the point
- And other issues regarding the employees' salary
In the harmonization of the interests on the level of AD Makedonski
Telekomunikacii apart from the harmonization of the salaries also
some other issues of social character can be suggested on the agenda
with measures that shall refer to the current year.
During the negotiations for harmonization of the interests the employer
is obliged to provide written information in a period of 30 days
for the issues addressed by the Trade Union.
II. ESTABLISHING LABOUR RELATION
1. Conditions for establishing labour relation
Article 5
Labour relation may be established by each person who satisfies
the general conditions defined in the Labour Relations Act or in
other law and the special conditions defined in the Law, this agreement
and the general act of the employer ( Rulebook on systematization
of job positions).
Article 6
The special conditions may be provided for as condition for establishing
labour relation only if they are required for performance of activities
on a particular job position.
The special conditions for establishing labour relation are:
- type and level of education
- special know how and skills for performing appropriate activities
- working experience
- psycho-physical ability
- knowledge of foreign language
- computer literacy
The job positions that require special conditions for establishing
labour relation shall be defined in the employer's act ( Rulebook
on systematization of job positions).
2. Method of establishing labour relation
Article 7
The employer can satisfy the need of employees according to the
methods stated in the Labour Relations Act or in another law and
this Agreement.
Article 8
Decision for the need of establishing labour relation is adopted
by the Employer, the body or an authorized employee.
The Chief Executive Officer of AD Makedonski Telekomunikacii shall
sign the Decision for defining of the need for establishing labour
relation.
Article 9
Before acting upon Article 7 of this Agreement the Employer is
obliged to satisfy the need of employees by publishing an "internal
job advertisement".
The way of conducting the "internal job advertisement"
is defined in Annex No.1 to this Agreement.
Article 10
The labour relation is established by concluding Employment Contract
between the employee and the employer.
The Employment Contract shall be concluded in written after the
finalization of the decision for selection and it shall be verified
in the competent Office for employment mediation.
The Employment Contract shall be kept in the employer's premises.
The employer shall submit a specimen of the verified Employment
Contract to the employee.
Article 11
The employee may not commence with the work before the Employment
Contract is concluded and verified.
If the employee unjustifiably does not begin to work on the day
determined in the Employment Contract, it shall be considered that
the employee has not established labour relation.
Article 12
Before establishing of the labour relation the employer is obliged
to introduce the employee with the Employment Contract that directly
regulates his/her rights and duties that arise from the labour relation.
3. Giving advantage in the employment
Article 13
If the employee during the performance of his working tasks at
the working place suffers accident - death and if he/she was the
only employee (provider) of the family, then a member of his/her
closest family - spouse or child has priority in the employment
in the Company.
4. Examination of the working abilities
Article 14
The examination of the working abilities for performance of the
activities on the job position, if it is stipulated as a condition
for establishing of labour relation, shall be performed before the
adoption of the decision for selection.
The examination of the working abilities according to paragraph
1 shall be performed by the employer, i.e. the body authorized by
the employer.
The examination of the working abilities for performance of the
activities at the job position is conducted in the following way:
- testing and interview for the psycho-physical abilities
- examination of the professional knowledge by testing or interview,
etc.
The examination of the working abilities also refers to the employee
who applied to an internal job advertisement according to Article
9 of this Agreement.
5. Trainees
Article 15
The employer may establish a labour relation with an unemployed
person, as a trainee, for definite or indefinite period of time
in order to professionally train him/her for independent performance
of the activities of his/her scope of vocation.
The person with a status of a trainee must have at least fourth
level of education.
The duration of the internship is the following:
- 6 months of working experience for the employees assigned on a
job positions that require IV degree of education
- 8 months of working experience for the employees assigned on a
job positions that require V and VI degree of education
- 12 months of working experience for the employees assigned on
a job positions that require VII degree of education
The method of the professional development, the monitoring and
the assessment of the trainee shall be performed according to the
Plan and programme for professional development of the trainees,
adopted by AD Makedonski Telekomunikacii.
The trainee with the start of the work acquires all rights, duties
and liabilities that count for all other employees of AD Makedonski
Telekomunikacii in accordance with the provisions of this Agreement.
6. Labour relation for definite and indefinite period of time
Article 16
The labour relation is established for a period of time with duration
that is not previously determined (labour relation for indefinite
period of time).
Article 17
Labour relation may be established for a period of time with duration
that is previously determined (labour relation for definite period
of time), in particularly for:
- seasonal works, not more than nine months during one calendar
year:
- increased scope of work, not more than six months during one calendar
year:
- substitution of an absent employee, during the duration of the
employee's absence
- work on a specific project, until the completion of the project
In the cases under paragraph (1) of this article the employee has
same rights and obligations as the employees who have established
labour relation for indefinite period of time.
The employee who has established labour relation for definite period
of time for performing seasonal works - paragraph 1 item 1 and who
shall realize more than 40 hours in the working week during the
duration of the labour relation, shall have these working hours
calculated as full-time working days and the years of service shall
be calculated as well.
The labour relation for definite period of time shall be established
according to a way and a procedure defined for selection of an employee
for indefinite period of time.
7. Assignment of an employee
Article 18
The employee shall work on the job position for which he/she has
established the labour relation.
The employee may be assigned on each job position corresponding
to his/her education in the cases and in a way defined in this Agreement.
A Decision for assignment shall be adopted by the employer or by
an employee authorized by him/her.
Article 19
The employee may be assigned to another job position in accordance
with paragraph 2 of the previous article in the following cases:
- introduction of organizational, technological, structural and
similar changes in the Company or in part of the Company:
- changes in the systematization of the job positions at the employer:
- decrease of the scope of performance or nullification of the job
position:
- better utilization of the employee's working abilities;
- applying through internal job advertisement
- lack of ability to perform the activities on certain job position
and lack of satisfactory results of the work;
- decrease of the working abilities as a result of a certain level
of disability
- acquiring higher level of professional qualification;
- request by the employee
- re-qualification or completion of the qualification.
- project work
The procedure for assignment of the employee according to the cases
stated in paragraph 1 of this article is defined in Annex No.2 to
this Agreement.
Article 20
The employee, as a rule, performs the activities on the job position
in the working premises of the employer and depending on the nature
of the job, he/she can work at home.
Article 21
The employer may not reassign the employee from one working position
to another out of the Headquarters without his/her consent and contrary
to the Agreement and the Employment Contract, in the following cases:
- female employee during the pregnancy
- female employee- mother of a child up to 7 years of age
- single parent
- employee with labour disability
- parent of a child with severe disability
- employee who has 5 years of service until retirement
- health problems due to serious and chronic diseases, that impede
the performance of the working tasks
Article 22
The employee may be temporarily assigned on job position that requires
lower degree of education in the following cases:
- Force Majeure that occurred or it is about to occur (earthquake,
flood, fire, etc)
- Accident that happened or it is about to happen
- Danger of war, state of readiness and military drill
- Substitution in case of a sudden absence of an employee
- Increased scope of work for a temporary period of time
- Urgent repairs and other similar things
- Performance of activities that have deadline and seasonal works
that can not be postponed
- Sudden disasters
- Lack of raw materials, energy, intermediate goods, spare parts
and similar things that cause stoppage in the operation process.
The assignment of the employee according to paragraph 1 lasts till
the situation caused by the cases stated in the previous paragraph
is overcome.
The employee who is temporarily assigned to a job position that
requires lower degree of education according to paragraph 1 of this
article, shall keep the same salary from the job position where
he/she has been previously assigned.
The employer or an employee authorized by the employer is obliged
to adopt a decision for temporary assignment according to this article.
After overcoming of the condition caused by the cases for temporary
assignment according to paragraph 1 of this article, the employer
is obliged to adopt a decision for returning the employee to the
job position where he/she was previously assigned.
Article 23
The employee may be assigned on a job position that requires higher
level of education than the existing one, but not more than one
degree of education if it is defined in the act of AD Makedonski
Telekomunikacii- Rulebook on systematization of job positions.
Article 24
The employee may be assigned to a job position, which is not situated
in the employer's headquarters in the following cases:
- Assignment to working place, which is less than 50 kilometers
far, and
- Assignment to working place, which is more than 50 kilometers
far.
A condition for assignment according to paragraph 1 item 1 is that
the employer should provide the employee with transportation to
and from work by means of the public transport or by employer's
vehicle.
A condition for assignment according to paragraph 1 item 2 is that
the employer should provide the employee with appropriate accommodation
and food.
If the employer is not able to provide the employee with appropriate
accommodation and food, he/she is obliged to provide transportation
to and from work.
The conditions for assignment according to paragraphs 3 and 4 of
this article are alternative, but with the given priority.
The possibility for assignment of the employee, the types of that
assignment according to paragraph 1 of this article, the conditions
when it can be applied must be defined and regulated in the Employment
Contract.
III. EMPLOYEES' RIGHTS AND POSITION
1. Working hours
Article 25
The working hours shall be 8 hours per day.
A Resolution for schedule of the working hours (the start and the
end) shall be adopted by the Chief Executive Officer after receiving
the opinion stated by the Trade Union of AD Makedonski Telekomunikacii.
The working hours in the working week is 40 hours (full-time).
The employer may establish working hours of less than 40 hours when
the work is organized in shifts, but not less than 32 hours for
the employees who work in shifts.
The rights of the employees who work on a job position according
to paragraphs 3 of this article are equal to the rights of the employees
who work 40 hours of the working week.
Article 26
As an exception, the working hours of the employee may be longer
than 40 hours in the working week, but not longer than 10 hours
per week in the cases stipulated in the Law.
The working hours stated in paragraph 1 may last as long as it is
necessary to eliminate the dangers i.e. to prevent harmful consequences.
The Chief Executive Officer or an authorized employee adopts a resolution
for the working hours stated in paragraph 1.
Article 27
The working hours longer than the full working time according to
article 26 of this Agreement shall be considered as overtime work.
The employee cannot be engaged overtime more than 40 hours during
the month.
The written order for overtime work should be submitted to the employee
up to the end of the working hours and no later than the day before
the overtime work is scheduled.
In extraordinary cases the overtime work may be ordered verbally,
by phone or telegram. The verbal order for overtime work should
be confirmed in written by the employer or a person authorized by
the employer within 24 hours.
Article 28
The working hours may be shorter than the full working hours in
the following cases:
- for performance of everyday activities with smaller scope: or
- when the nature or the need of the activity demands it.
The employee who has established labour relation according to paragraph
1 of this article has rights and duties that arise from the labour
relation and they are realized in the respective scope, depending
on the duration of the work and the labour results defined in the
Employment Contract.
Article 29
The job positions with working hours from 10pm to 6am the next
day shall be considered as night shift.
The working hours at night are a special working condition in the
definition of the employees' rights.
Article 30
The Chief Executive Officer shall adopt a resolution for reschedule
of the working hours if the nature of the activity demands it, i.e.
the nature of the tasks, the organization of the work, better labour
utilization, more rational utilization of the working hours and
performance of specific working tasks within defined time lines.
Article 31
The schedule of the working hours within the total annual working
hours shall be defined with a decision adopted by the Chief Executive
Officer i.e. by employee authorized by the CEO.
The Resolution refers to the following cases:
- state and religious holidays
- natural disasters
- state of war
- Force Majeure
- and other situations
2. Vacations and Leaves of Absence
Article 32
The employee is entitled to break during the daily work - daily
break - in duration of 30 minutes.
The break stipulated in paragraph (1) of this article is calculated
in the working hours.
The break stipulated in paragraph (1) of this article cannot be
used at the start or at the end of the working hours.
The break during the work is organized in a way that provides continuity
in the work, if:
- the nature of the work does not allow discontinuity
- work with clients.
The Chief Executive Officer or an authorized employee shall adopt
a resolution for defining of the start and the end of the daily
break.
Article 33
The employee is entitled to a break between two consecutive working
days in duration of minimum 12 hours continuously.
Article 34
The employee is entitled to a weekly vacation in duration of minimum
24 hours continuously, and if it is necessary to work during his/her
weekly vacation, then he/she must be provided with such vacation
during the next working week.
Article 35
The employee is entitled to annual vacation during one calendar
year in duration of minimum 18 and maximum 26 working days.
If the employee does not have one year of service in the calendar
year in which the labour relation was established then he/she is
entitled to annual vacation in duration of two working days for
each month spent at work, but not more than 18 working days.
Article 36
The duration of the annual vacation is defined by the Chief Executive
Officer with a decision based of the following criteria:
a) duration of the working experience
b) degree of the complexity of the work on the job position
c) working conditions
d) employees' health condition, and
e) single parent
a) On the basis of the duration of the working experience
- from 2 to 5 years 1 day
- from 5 to 10 years 2 days
- from 10 to 15 years 3 days
- from 15 to 20 years 4 days
- from 20 to 25 years 5 days
- over 25 years 6 days
b) on the basis of the degree of complexity of the work on the
job position
- from 1st to 3rd degree of complexity 1 day
- from 4th to 5th degree of complexity 2 days
c) on the basis of the working conditions
- for work in shifts 1 day
- for work at night 2 days
- for work in premises where there is
noise, ionic radiation and physical work 2 days
d) on the basis of the health condition of the employee
- serious and chronic diseases
proved by medical certificate 1 day
- employee with labour disability 2 days
e) on the basis of a single parent
- with one child 1 day
- with two children 2 days
Article 37
The annual vacation, as a rule, is used during a calendar year.
The annual vacation may be used in two parts as follows:
- at least 12 working days during a calendar year;
- the second part, continually, until 30th June the following year.
The annual vacation that is, the first part of it that has been
stopped or has not been used due to illness or maternity leave during
a calendar year, the employee has a right to use it until 30th June
the following year provided that he/she has worked at least 6 months
during the previous year, which is before the year when he/she has
come back to work.
Article 38
The schedule for using of the annual vacation shall be stipulated
by the employer or the employee that shall be authorized by him,
in accordance with the provisions of this Agreement.
The employee must be informed about the schedule and the duration
of the annual vacation with a decision enacted by the CEO or by
an employee authorized by the CEO at least 30 days before he/she
uses the annual vacation according to the provisions of this Agreement.
The employee, if he/she wants to, has a right to use one day of
his/her annual vacation and he/she is obliged to inform the employer
or the immediate superior within the time line stipulated in this
Agreement.
When stipulating the duration of the annual vacation, the Saturdays
shall be considered as non-working days.
Article 39
The employer cannot give up of the right on paid daily, weekly
and annual vacation and that right cannot be canceled.
Article 40
The approved sick leave during the use of the annual vacation shall
not be calculated as annual vacation.
The employee is obliged to inform the immediate superior within
24 hours when he/she wants to use the annual vacation.
Article 41
The employee has a right on an absence from work with salary compensation
and other rights from the labour relation up to 7 working days during
the year in the following cases:
- in case of marriage ............................................................................................
3
- in case of marriage of a son or a daughter ........................................................
3
- in case of giving birth or adoption of a child ....................................................
2
- in case of death of a spouse or a child ...............................................................
5
- in case of death of a parent, brother, sister ........................................................
3
- in case of death of a spouse's parent .................................................................
2
- in case of death of a grandfather or a grandmother ...........................................
1
- in case of taking a professional or other exam for the needs of
the employer... 5
- in case of moving of the family from one place to another ...............................
3
- in case of moving of the family within the same town ......................................
2
- in case of natural disasters .................................................................................
3
A record shall be kept for absence from work from paragraph 1 of
this article.
If the employee is sent to professional training and development
by the employer, the absence from work from paragraph 1 of this
article can be in duration of more than 7 working days.
Article 42
A volunteer blood donor has right on two consecutive days off for
each donating of blood. The days off are considered as if the employee
was at work.
The employee may exercise the right mentioned in paragraph 1 of
this article by presenting a certification issued from a health
institution (Institution for blood transfusion), where the employee
has donated blood.
Article 43
The employee may be absent from work without salary compensation
for maximum three months during a calendar year in the following
cases:
- urgent personal matters;
- nursing of a family member;
- construction or house repair i.e. flat;
- medical treatment on personal account;
- participation on cultural and sport events;
- participation on congresses, conferences etc.
The employee may be absent from work without salary compensation
and longer than three months in the cases and under conditions stipulated
in the Law on Labour Relation.
The resolution for absence from work for the employee from paragraph
1 of this article shall be adopted by the employer or a person authorized
by him in accordance with the needs of the working process.
During the unpaid absence from work the rights and duties of the
employee from the labour relation shall be in repose.
3. Protection of the employees at work
Article 44
The employee is provided with protection at work in accordance
with the prescribed measures and normative for protection at work
in accordance with a Law and this Collective Agreement.
The employer is obliged to provide the necessary conditions for
protection at work in accordance with the Law and this Collective
Agreement.
The necessary conditions for protection at work from paragraph
2 of this article shall be regulated with Rulebook on Protection
at work, that is an integral part of this Agreement.
Article 45
The employee is obliged to follow the prescribed measures for protection
at work and to perform the activities on the working position with
the necessary precaution in order to protect his/her life and health,
as well as the life and health of the other employees.
Article 46
The Trade Union shall submit written request to the employer for
the purpose of undertaking the necessary measures and means for
employees protection at work.
If the employer does not act upon the request, the Trade Union shall
initiate a procedure in front of competent bodies.
Article 47
For constant application of the regulations on protection at work
as well as for correct realization of the prescribed measures and
normative, a representative of the employees for protection at work
shall be selected in accordance with the Law on Protection at Work
and this Agreement.
Article 48
The representative of the employees for protection at work shall
have a separate training on protection at work by attending courses,
seminars, counseling and using expert literature.
Article 49
The representative of the employees for protection at work shall
have the same special protection of the labour relation as the representative
of the Trade Union in accordance with a law and this Agreement.
Article 50
The employer is obliged to enable the representative of the employees
for protection at work to perform his/her function.
Article 51
The representative of the employees for protection at work who
is negligently performing the delegated function may be earlier
dismissed.
Article 52
The way of selection, the scope of work, the rights and duties
of the representative of the employees for protection at work in
the course of performing of the function are defined in Annex No.
3 that is an integral part of this Agreement.
Article 53
The competencies of the Trade Union in AD Makedonski Telekomunikacii
in the carrying out and in the providing of the protection at work
are the following:
1. To participate in the planning, regulation and advancement of
the protection at work;
2. To give proposals and opinions about the introduction of new
technology in the working process;
3. To give opinion regarding the working conditions and the application
of the prescribed measures and normative for protection at work;
4. To be regularly informed about the condition regarding the application
of the measures and the exercise of the rights of the employees
for protection at work;
5. To co-operate with the representative of the employees for protection
at work in the exercising of the employees' rights in the field
of protection at work;
6. Other rights in accordance with a law and this Agreement.
Article 54
The employer is obliged to insure the employees of the company
in case of permanent disability or death that occurred as a result
of injury during the work.
The costs for the insurance shall be covered by AD Makedonski Telekomunikacii.
The amount of the insurance from paragraph 1 of this article shall
be defined by the employer, after receiving an opinion from the
Trade Union.
4. Special Protection of women, youth and disabled employees
Article 55
The female employee is provided with special protection at work
in accordance with the provisions of the Law on Labour Relation
or other law.
Article 56
A male employee who is under 18 years of age and a female employee
cannot work on a working position on which are performed hard physical
activities, underground or under water activities, nor some other
activities that can harm and put into increased risk their health
and life.
Hard, physical activities or activities that are performed under
difficult conditions and are harmful for the health and life of
the employee from paragraph 1 of this article are:
- activities on certain heights with thin air;
- field work under difficult weather and geographic conditions.
Article 57
An employee who is under 18 years of age shall have annual vacation
according to the basis and measures that stipulate the duration
of the annual vacation of other employees, increased for seven (7)
working days.
The employee who is under 18 years of age cannot work longer that
the full working hours.
The employee from paragraph 1 of this article can be assigned on
a working position with shorter working hours than the working positions
defined in the employer's act ( Rulebook on systematization of jobs).
The employee with labour disability is entitled to shortened working
hours, assignment i.e. employment in other appropriate place, re-qualification
or completion of the qualification, as well as right to a suitable
monetary compensation regarding the execution of these rights in
accordance with the regulations for pension and disability insurance.
The employee with decreased working ability and the employee who
works on a place where there is a danger of an occurrence of disability
are entitled to an assignment to appropriate job position.
The employer is obliged to assign the employee from paragraph 1
of this article on an appropriate working position within 15 days
after the effectuation of the decision.
5. Professional development and education of the employees
Article 58
The employee has a right on professional development and education
depending on the working process and the development of the company.
The employee is obliged to undergo professional development and
education if required by the employer.
The employer is obliged to create material, organizational and
other conditions for professional development and education of the
employees.
Article 59
If the professional development and education are organized during
the working hours, the time spend on these activities is considered
as regular working hours, so the employee has the same rights as
if he/she has been at work.
The professional development and education may be organized as
follows:
- at the place of residence of the employee;
- at the place other than the place of residence of the employee,
but in RM;
- abroad.
The professional development and education of the employees is
performed in accordance with the Plan and the Program for professional
development and education of the employees and in accordance with
needs of the working process of the company.
The rights and duties of the company and the employee who is sent
on a professional development and education are defined by mutual
agreement, in accordance with the provisions of this Agreement and
the Rulebook for professional development of the company.
Article 60
The employee who has been on a professional development and education
should be assigned on a working position for which he/she has been
professionally developed and educated.
The employer cannot assign another employee in the organizational
part or working position if there is already an employee who has
been sent on professional development and education for performing
working tasks for that working position.
6. Right on information of the employees
Article 61
The employer is obliged to provide regular and timely information
of the Trade Union and the employees regarding:
- annual and long term development plans;
- organizational changes;
- important business and development plans that influence the economic
and social condition of the employees;
- planning of the work force;
- Program for professional development and education of the employees;
- Drafts, proposal acts and decisions that regulate issues from
the scope of work of AD Makedonski Telekomunikacii, and that will
cause certain changes in the rights and duties of the employees
stipulated in this Agreement.
The information is proceeded via internal newspaper of the company,
in written to the Trade Union or verbally, or on the notice board.
7. Right on strike
Article 62
The employees have a right on strike in accordance with the Law
in order to realize their economic and social rights from the labour
relation.
The strike is an organized interruption of the work of the employees.
The right on strike at the employer shall be realized under conditions
defined with the Law, the Strike Regulations and this Agreement,
if the justified demands of the employees are not resolved with
the following means and methods:
- Negotiations with the managing bodies
- Mediation for realization of the demands and
- Collective bargaining
The employees are free to decide on their participation in the
strike.
The strike in AD Makedonski Telekomunikacii shall be organized and
led by the Trade Union.
The employer is obliged to prescribe minimum activities that has
to be performed during the strike for the purpose of providing the
vital functions of the operation process and the safety of the people
and the property.
The rules and the way of the realization of the right on strike
are defined in Annex no.4 as an integral part of this Agreement.
Article 63
The strike organizers that is, the participants in the strike shall
have protection stipulated with a law and this agreement and cannot
be held responsible for the organization and participation in the
strike if it is organized in accordance with article 62 of this
Agreement.
Article 64
The strike in the company may be organized on the level of organizational
units or on the level of the company (general strike).
IV. SALARY, SALARY COMPENSATIONS, OTHER
EARNINGS AND BENEFITS
A. Salary
Article 65
The employee is entitled to salary.
The salary of the employee shall be provided from the funds of
the employer proportionally to the job performed, as well as proportionally
to the employees' contribution in the generation of the profit.
Article 66
The salary of the employee at the employer for full-time work can
not be lower than the lowest salary according to the degrees of
complexity that are defined with this Agreement.
Article 67
The salary shall be calculated and reimbursed at least once a month.
The salary of the employee for the current month shall be paid in
a monetary amount.
The salary contributions and taxes shall be paid by the employer
with the reimbursement of the salary.
Article 68
The lowest salary for the lowest degree of complexity is the salary
with the lowest number of points and it is 2200 points.
a) Basic Salary
Article 69
The basic salary is the lowest salary for certain degrees of complexity.
The basic salary for each job position shall be calculated by multiplying
the number of points for the respective job position with the value
of the point.
The value of the point shall be defined by the Chief Executive Officer,
and on the day of the signing the value of the point is 4.2 denars.
Article 70
The job positions at the employer shall be classified in complexity
groups with subgroups, valorized in points.
The valorization of the job positions shall be defined on the basis
of:
- education and qualification
- complexity of work
- responsibility
- organization and management of the performance
- working conditions
The job positions shall be classified in 5 groups according to the
complexity and they shall be defined in Annex no.5.
The tabular survey of the number of points per job positions is
an integral part of this Agreement
In case when the employee is assigned on a job position that requires
higher degree of education than the employee's education, the basic
salary shall be decreased, as follows:
- from I to III complexity group 5%
- from IV to V complexity group 10%
b) Salary supplements
Article 71
The employee is entitled to a supplement to the basic salary in
amount of 0,5 % for each year of working experience, but not more
than 20%.
c) Variable part of the salary
Article 72
The employee is also entitled to variable part of the salary.
The amount of the funds for the variable part of the salary is
defined by the Chief Executive Officer, each month up to 20% of
the salary funds.
Article 73
The Chief Executive Officer allocates 75% of the amount defined
with the previous article, with a decision. This amount is allocated
proportionally to the amount of the basic salary of the employees
increased for the amount for the working experience.
Article 74
The allocation of part of the funds (25%) from the amount intended
for the variable part of the salary is made by the Chief Executive
Officer of the Company per organizational units, groups or individuals
when the CEO considers that in this way these employees should be
specially rewarded for their contribution in the work.
Article 75
Each future change in the allocation of the funds for the variable
part of the salary defined in article 73 and 74 of this Agreement
shall be defined with a Rule Book (Guideline) on the criteria and
the way of allocation adopted by the employer after receiving an
opinion from the Trade Union and it is an integral part of this
Agreement.
Article 76
The variable part of the salary is reimbursed also to the trainees
according to the same criterion.
Article 77
The employee who with an agreement is temporarily assigned at another
employer on a job position which corresponds to his/her degree of
education, can not receive lower salary than the salary he/she received
before the assignment.
Article 78
The employee with decreased working ability (employee with labour
disability) that occurred at the employer, and who is assigned to
another job position under the disability condition, can not receive
lower salary than the salary he/she received before the assignment.
Article 79
The employee with decreased working ability caused by old age and
exhaustiveness and who has 5 years till retirement and is assigned
to less valued job position, shall receive a salary in amount of
the salary from the previous job position valorized by the current
increase of the salaries at the employer.
Article 80
The salary of the employee may be subject to court execution according
to the law
B. Salary Compensations
Article 81
The value of the working hour in the basic salary of the employee
is increased for:
- work longer than the full working time 35%
- work at night time (between 22,00 and 6,00 the next day) 35%
- work during a holiday which is defined with the Law on Holidays
50%
- work in three shifts - turnus (three shifts in two days continuously)
5%
The employee is entitled to salary increase based upon work longer
than the full working time, but not longer than 40 hours during
the month.
The salary increase according to the basis defined in paragraph
1 of this article does not mutually exclude the bases, except for
Sunday and holiday.
Article 82
The employee has right to salary compensations, as follows:
1. Absence from work according to article 41 of this Agreement
2. Annual vacation
3. Holidays defined with the law or with other regulations
4. Pregnancy and maternity leave
5. Nursing of a child
6. Professional training and pre-qualification i.e. completion of
the qualification according to the employer's need
7. Military drill
8. Participation in defense training
9. Responding to invitations from organs and institutions which
is not employee's fault
10. Participation at work operation competitions, exhibitions of
innovations and other types of creativity
11. Performing functions in the Trade Union and other syndicate
activities
12. Absence for the purpose of looking for a new job during the
dismissal notice period .
For the cases stipulated in items 10 and 11 a notification with
explanation to the Chief Executive Officer or a person authorized
by the CEO is necessary.
The salary compensation for the employee in the cases stipulated
in the law and in this agreement and if it is paid from the employer's
funds, is defined in the amount of the employee's salary.
The salary compensation from paragraph 1, item 6 of this article
is valorized with the average salary growth at the Employer.
Article 83
During temporary incapacity for work (sick leave):
- up to 7 days, the employee is entitled to salary compensation
in amount of 70%
- up to 15 days starting from the first day of the sick leave, 80%,
and
- up to 60 days for all days - 90% of the employee's basic salary
For professional diseases and injuries during the work and for
other cases stipulated in the law, the compensation is defined in
amount of 100% of the employee's basic salary.
Article 84
During an imprisonment the employee is entitled to a salary compensation
in amount of one third of the basic salary realized in the previous
month and if the employee supports a family in amount of one half.
If the employee is released from the accusation or the accusation
is overruled, then he/she is entitled to a pay difference up to
the amount of the salary that would have been realized if the employee
had worked. The salary compensation is paid by the organ who ordered
the imprisonment.
Article 85
During the temporary absence from AD Makedonski Telekomunikacii
(suspension) the employee has a right on compensation in amount
of one half of the basic salary, and if he/she is supporting the
family the compensation shall be in amount of two thirds of the
basic salary.
If the employee is released from responsibility he/she has a right
on a salary difference that he/she would have earned if he/she had
worked.
Article 86
The employee, when working as a substitute to an absent employee,
shall receive the salary for the working position at which he/she
is working as a substitute, if that is more convenient for him/her
as long as the employee is substituting the colleague.
Article 87
If due to a Force Majeure the employee has been assigned to another
working position with less value points than the working position
of the employee, he/she shall keep the salary from his/her working
position.
Article 88
The amount of the compensation to the basic salary in case of a
lay off shall be determined in amount of 80% of the basic salary
of the employee.
The employer is obliged to pay the salary contributions and taxes
stipulated by Law for the salary determined in paragraph 1 of this
Article.
During the temporary lay off the employee shall not be entitled
to recourse for annual vacation, recourse for food and travel costs.
Article 89
The employee has a right on salary compensation during the interruption
of the work that was not upon his responsibility, in amount of 100%
of the salary for an interruption up to 8 hours, from one day to
30 days - 80%, and for more than 30 days - 70% of the salary for
the respective working position.
The compensation shall be paid if it is not possible to make up
for the lost full working hours.
During the interruption of the work that was not upon employee's
responsibility, he/she shall not be entitled to recourse for food
and travel costs.
Article 90
During the internship the employee is entitled to compensation
in amount of 80% of the lowest salary provided for the working position
that he/she is trained for.
The trainee has a right on salary compensation for working conditions
that are harder than the normal working conditions and for which
he/she is trained as well as right on other compensations provided
for with this Agreement according to conditions and cases that count
for the other employees.
Article 91
During a strike the employee shall realize the rights from the
labour relation according to the Law, the General Collective Agreement
in the field of economy and the Collective Agreement on branch level.
During the strike the employee shall not be entitled to compensation
for food and travel costs.
C. Other earnings
Article 92
The employee has a right on other earnings in amount stipulated
with this Agreement.
The basic amount for calculation of the other earnings of the employees
is the average monthly salary in the country that has been paid
in the last three months.
The amount of each earning shall be stipulated in a percentage
from the basic amount as follows:
" 25% for recourse for food, if the food is not provided;
" 100% recourse for annual vacation;
" 8% for daily allowances for business trips in the country,
and for abroad, in the amount prescribed with a decree for the employees
in the administrative bodies.
" 70% for temporary separation from the family;
" three times of the amount of the basic salary when going
to retirement;
" travel costs for the local public transport to and from work
in amount of 15% per month for above 2km only in case when there
is no transport provided by the employer;
" for compensation of the costs for official use of private
vehicle in amount of 30% of the fuel price per litre per past km
with a travel order;
" in case of moving for official purposes in amount of the
moving costs;
" 70% for Christmas and New Year respectively according to
the financial results
" jubilee rewards such as:
- for 15 years of service at the same employer in amount of up
to 100% of the basic amount from paragraph 2 of this article
- for 30 years of service at the same employer in amount of up to
150% of the basic amount from paragraph 2 of this article
- and according to other bases defined between the employer and
the Trade Union
Article 93
The daily allowance is calculated from the hour of departure of
the employee on a business trip until the hour of arrival with the
transport vehicle.
The total daily allowance shall be reimbursed for every 24 hours
spent on a business trip as well as for the rest of the time longer
than 12 hours. As an exception, the total daily allowance shall
be reimbursed for business trip in duration of more than 6 hours
if the whole trip has been during the night.
70% of the daily allowance shall be reimbursed for business trip
in duration of over 12 hours and less than 24 hours.
Half of the daily allowance shall be reimbursed for business trip
in duration of 8 to 12 hours.
The number of daily allowances when the employee every day is coming
back home shall be stipulated by collecting the total hours and
dividing the amount with 24, taking into consideration only the
trips longer than 8 hours.
Article 94
The lump sum daily allowance for business trip is in amount of
70% of the total daily allowance. For calculation of the lump sum
daily allowances shall also be considered all the trips made by
order that are above 50km. The Managing body shall stipulate the
working positions for which a lump sum daily allowance shall be
reimbursed.
Article 95
The employees who are using motor bikes for performing of their
tasks are obliged to independently maintain them up to 3 that is,
5 years from the day when they have been given for their disposal,
depending on the configuration of the terrain and the scope of work
that shall be decided by the Director of the organisational unit.
The costs for fuel and registration until the expiration of the
time limit of 3 that is, 5 years shall be covered by the organisational
units.
After the expiration of the time limit of 3 that is, 5 years, the
motor bike shall remain in ownership of the employee. This is defined
with a special Resolution and an Agreement.
Article 96
The employee has a right on compensation of the costs for using
taxi if that is necessary for performing of his/her working tasks.
The usage of the compensation mentioned in the previous paragraph
shall be made with a special order by the immediate responsible
employer.
Article 97
The business trip shall be made only after prior travel order signed
by the immediate responsible employee or a director. In the travel
order there should be separate data about the destination, the time,
the mean of transport and the way of covering of the costs.
After the business trip the employee is obliged to regulate the
bills with the travel costs within 3 days. The employee should also
submit the order for the business trip, the travel tickets, the
bill for the night accommodation and other bills for the costs made
by the employee during the work he/she has performed at the business
trip.
Article 98
The costs for the night accommodation shall be recognised in full
amount according to the submitted bill according to the procedure
defined by the body of AD Makedonski Telekomunikacii or by a person
authorized by the body of AD Makedonski Telekomunikacii.
For the places where AD Makedonski Telekomunikacii has its own holiday
resorts, only the bills from the holiday resorts shall be recognised
except in July and August when other facilities can be used.
Article 99
The amount of the daily allowance as well as the other costs of
the employee for business trip abroad shall be defined based on
the provisions from the Decree on expenditures for business trips
and migrations abroad that for the administrative bodies are recognised
as running costs and based on the Decision for the highest amounts
of the daily allowances for business trips and migrations abroad
that for the administrative bodies are recognised as running costs.
Article 100
The employee is entitled to compensation for fieldwork (terrain
supplement) if the work is in duration of more than 3 days and at
one place that is more than 35km far from the place of residence
that is, the place of his permanent employment and the work is performed
by at least two employees.
The daily amount of the terrain supplement is stipulated depending
on the conditions provided for the employees at the terrain (accommodation
and food) and it is in amount of 45% of the daily allowance for
business trip in the country.
The terrain supplement is decreased for 10% if the food is provided.
The terrain supplement is increased as follows:
" 25% for hardly accessible and rarely populated places;
" 10% for the first 15 days if there is no free of charge accommodation
and food provided.
Article 101
The employees who are working on an active radio-relay stations
with accommodation provided and with conditions for self-preparing
of food shall receive a terrain supplement in amount of 45% of the
daily allowance.
Article 102
The daily allowances for business trips, the recourse for food
and the terrain supplement are mutually excluded.
The earnings for separate life and terrain supplement are mutually
excluded.
D. Benefits
Article 103
The employer can reimburse single financial benefit stipulated
in the Agreement to the employees whose labour relation shall be
terminated by written agreement.
The benefit stipulated with the Agreement shall be reimbursed with
the decision of the CEO.
V. SUBVENTIONS
Article 104
The employer provides the employees with the following social subventions:
- through providing uniforms and formal outfit;
- through providing privileged vacation approved by the employer;
- through allocation of funds for residential needs;
- through material and financial aid;
- through subventions when using the telephone traffic
- sport activities.
1. Uniforms and Formal Outfit
Article 105
The employees who are performing activities that can cause spoiling
or more frequent usage of the outfit from the day they have been
employed, should be provided with uniforms or formal outfit with
proper measurements and quality.
The formal outfit as a uniform - is a suit which presents the appearance
of the employer and it is for special purposes.
The employees who are in direct connection with customers and business
partners during the course of work that is, who are representing
the AD Makedonski Telekomunikacii as an employer, it is preferably
to be provided with formal outfit with proper measurements and quality
from the day they have been employed.
The employee, who is entitled to uniform- formal outfit and who
is provided with it, is obliged to wear clean formal outfit that
is prescribed for him/her.
The above stated right and duty represent the content element of
the Employment Contract and its breach shall be qualified as violation
of the duty that arises from the labour relation and it initiates
disciplinary liability.
The rules referring to the right on uniform-formal outfit, its wearing,
keeping and maintaining are stipulated in the Rulebook on uniform
and formal outfit adopted by the Managing body of the AD Makedonski
Telekomunikacii..
2. Privileged vacation approved by the employer
Article 106
The employer provides its employees with privileged vacation.
The right to privileged vacation may be used by:
- employees
- members of their families (spouse and children);
- grandparents with grandchildren- the employee's children;
- retired employees of the Company - alone or with their grandchildren.
The employer provides the privileged vacation in the holiday resorts
owned by the AD Makedonski Telekomunikacii or in the rented resorts
in the country or abroad.
The detailed conditions for vacation, the amount of the paid compensation
and the schedule for using of the vacation are defined in the Rulebook
on vacation, adopted with a resolution by the employer after receiving
an opinion from the Trade Union.
The Rulebook on vacation mentioned in paragraph 4 of this article
is prepared by the Commission and it is an integral part of this
Agreement.
The Rulebook on vacation is harmonized annually, if both sides consider
it necessary.
3. Material and financial aid
Article 107
The employer allocates material and financial aid to the employees
who need it.
The detailed conditions and criteria for allocating material and
financial aid are defined in the Rulebook on allocation of material
and financial aid adopted with a resolution by the employer after
receiving an opinion from the Trade Union.
The Rulebook on material and financial aid mentioned in paragraph
2 of this article is prepared by a Commission and it is an integral
part of this Agreement.
4. Allocating funds for the purpose of providing place of residence
Article 108
The employer with a joint decision with the Trade Union assists
its employees in buying, building and redesigning of a house or
a flat by allocating funds for the purpose of providing place of
residence i.e. credits for the employees of AD Makedonski Telekomunikacii.
The conditions for assisting for the purpose of providing place
of residence stipulated in paragraph 1 of this article are defined
in the Rulebook for allocation of funds for the purpose of providing
place of residence - credit of AD Makedonski Telekomunikacii.
The Rulebook on allocation of funds for the purpose of providing
place of residence -credit mentioned in paragraph 2 of this article
is prepared by a Commission and it is an integral part of this Agreement.
5. Subventions for using the telephone traffic
Article 109
1. Privileges in establishing subscriber's relation:
a) Establishment of subscriber's relation in public commutation
telephone network - PCTN.
The employee during the establishment of the subscriber's relation
in public commutation telephone network - PCTN, uses a privileged
amount calculated as a total amount of the contract for subscriber's
relation, communications line adapter fee and additional installation
costs.
The privilege refers to one communications line adapter only.
b) Establishment of subscriber's relation in integrated digital
network- ISDN.
The employee during the establishment of the subscriber's relation
in integrated digital network- ISDN, uses a privileged amount calculated
as total amount of contract for subscriber's relation, communications
line adapter fee for basic access and other installation costs.
The privilege refers to one ISDN communications line adapter only.
2. Privileges for subscription fee and turnover
a) Privileges for subscription fee
The subscription fee privilege refers to one communications line
adapter only, as follows:
- subscription fee in public commutation telephone network - PCTN
- subscription fee in integrated digital network - ISDN
b) Privileges for the turnover
The turnover privilege refers to one communications line adapter
only.
3. Subscription fee privileges on the basis of additional services
Subscription fee privileges on the basis of additional services
refer to one communications line adapter only, as follows:
- Call waiting
- Conference Call
- Identification of Calls (DTMF)
- Report on the realized calls
The amount of the benefits defined in this article shall be defined
by an Annex number.6, that is an integral part of this agreement.
6.Sport activities
Article 110
The employer is obliged to provide the employees with conditions
for performing sport activities.
The way of providing the conditions from paragraph 1 of this article
shall be defined in Annex no.7 that is an integral part of this
Agreement.
VI. RELATIONS BETWEEN THE TRADE UNION AND
THE EMPLOYER
1. Working conditions for the Trade Union
Article 111
The employer is obliged to create conditions for the activities
of the Trade Union regarding the protection of the employees' rights
stipulated with a law and this agreement.
The activities of the Trade Union in accordance with paragraph
1 of this article cannot be impeded with an act of the employer.
Article 112
The employer shall deliver data and information to the Trade Union
on its request regarding issues that have an immediate influence
on the material and the social condition of the employees, it shall
consider the proposals and the solutions that have a significant
impact on the material and the social condition of the employees
that is, on the exercise of their rights from the labour relation.
The representative of the Trade Union shall be provided with unobstructed
communication with the employer or with a person authorized by him/her,
when it is necessary for realization of the functions and activities
of the Trade Union.
Article 113
The representative of the Trade Union has a right to participate
at the meetings of the Managing body or the bodies established by
the respective body on which decisions are made about the rights
and duties of the employees.
The employer shall deliver to the Trade Union representative invitations
together with the materials for the meetings of the bodies on which
decisions are made about the rights of the employees.
The competent body is obliged to consider the attitudes of the
Trade Union submitted at the meeting or before it and to take them
into consideration when reaching the decision.
Article 114
The employer is obliged to provide expert, administrative-technical
conditions, premises and other working conditions for the Trade
Union in order to realize the syndicate functions regarding the
protection of the rights of the employees stipulated with a law
and this agreement, as well as the conditions for calculation and
payment of the syndicate fee.
The conditions from paragraph 1 of this Article are defined in
Annex No. 8 as an integral part of this agreement.
Article 115
The representative of the Trade Union, besides the special protection
stipulated with a law and in order to perform the syndicate activities
in accordance with a law and this agreement cannot:
" be assigned on another working position if it is less advantageous
than the previous one;
" be made redundant;
" be held responsible and dismissed.
The special protection of the representative of the Trade Union
shall be in duration of his/her mandate and two more years.
Article 116
The representative of the Trade Union (the President) is professionally
performing his/her function on the level of AD Makedonski Telekomunikacii.
In the Company there may be more professional syndicate representatives.
The rights from the labour relation of the representative(s) of
the Trade Union for professional performance of the Trade Union
activities in AD Makedonski Telekomunikacii shall be realized according
to the Labour Relations Law and this Agreement and they shall be
provided by the Employer.
The number of the professional syndicate representatives, the rights
and duties arising from the professional performance of the syndicate
activities in the Company are defined in Annex No.9 of this agreement.
Article 117
The representative of the Trade Union who is unprofessionally performing
the syndicate functions shall be released from the working duties
for performing of the syndicate activities, with prior notification
to the superior.
The employer shall enable the representative of the Trade Union
to have an absence from work for the purpose of professional development
for performing syndicate activities as well as participation on
congresses, seminars, counseling and courses for realization of
the syndicate activities and for so-operation with the Trade Unions
of other countries and international syndicate organizations.
Article 118
A member of the Trade Union who was selected or appointed in the
Trade Union bodies or higher syndicate institutions where, in order
to perform these functions, he/she has to temporary terminate his/her
job for the employer and has a right to return to the employer on
the working position corresponding to his/her qualifications after
the termination of the function he/she was performing and therefore
should made a separate contract with the employer.
VII. MATERIAL RESPONSIBILITY
Article 119
The employee is obliged to perform the working tasks on the job
position on which the employee is assigned on a timely, disciplined
and quality basis, to comply with the business ethics, the rules
for the expert and professional responsibility, to keep the resources
of AD Makedonski Telekomunikacii and to dispose and use the resources
in a responsible manner.
The behavior that is contrary to the provisions from the previous
paragraph shall impose material responsibility according to the
Law and this Agreement.
Article 120
The employee is obliged to indemnify the damage he/she has caused
in the operating process, i.e. regarding the activities.
Committing damage to the Company means the following:
- decreasing of the value of the funds i.e. the value of the company's
property
- avoiding their increase (the so-called lost profit)
- damage committed in or out of the scope of the employees' working
tasks
- damage committed while using a motor vehicle that is owned by
AD Makedonski Telekomunikacii
- damage committed to the inventory owned by AD Makedonski Telekomunikacii
If the damage is caused by more employees, then each of them is
responsible for the part of the damage he/she committed
If the part of the damage caused by each employee can not be defined,
then all employees are equally responsible and they compensate the
damage in equal parts.
If more employees have committed a premeditated criminal act, then
they are all equally responsible for the damage.
Article 121
The Chief Executive Officer of the Company initiates a procedure
for defining and payment of the damage.
If the damage can not be defined according to the price list of
AD Makedonski Telekomunikacii, then the damage is defined by a Commission.
The Commission mentioned in paragraph 2 of this article is established
by the Chief Executive Officer . The Commission consists of President
and two members.
The Commission should determine the occurrence of the damage and
the circumstances under which it occurred as well as its amount.
Article 122
The Commission defines the presence of the damage and its amount
as well as the responsibility for the committing on the basis of
hearing of employee and the witnesses, expertise and presentation
of evidence.
The amount of the damage is defined on the basis of a price list
of the bookkeeping value of the damaged object and if this is not
possible, then the Commission evaluates the damage by using professional
assistance.
The Commission is obliged to provide the employee, against whom
there is a procedure for compensation of the damage, with possibility
to state all facts and circumstances that are of relevant influence
for defining his/her material responsibility.
If the Commission proves that the employee is materially responsible,
then it adopts a Decision for the amount of the damage.
If the Commission proves that the employee didn't cause the damage
or the employee against whom there is a procedure for defining the
material responsibility is not responsible for it, then the Commission
adopts a Resolution for releasing him/her from the responsibility.
Article 123
The employee has a right to complaint to the Resolution for compensation
of the damage to the Commission for Labour Relations in AD Makedonski
Telekomunikacii in a period of 8 (eight) days from the day of the
submission of the Resolution.
If the employee, within a period of 3(three) months after the final
Resolution, does not compensate the damage defined with Resolution
by the Commission, the Chief Executive Officer initiates proceedings
at the Authorized Court.
Article 124
The Chief Executive Officer or the Commission may due to justifiable
reasons release the employee from payment of the whole compensation
of the damage or part of it.
Article 125
The employer is responsible for the damage caused by the employee
to individuals or to legal entities in the course of the work or
related to the work.
The employer is entitled to ask the employee to compensate the
payment that has been done, in case if the employee committed the
damage on purpose or out of extreme negligence.
Article 126
If the employee suffers damage at work or in relation with the
activity, the employer is obliged to compensate the damage according
to the general regulations for responsibility for damage.
If in a period of 15 days from the final Resolution the employer
and the employee don't agree upon the compensation of the damage,
the employer is entitled to ask for compensation of the damage in
front of Authorized Court.
VIII. TERMINATION OF EMPLOYMENT
1.Termination of employment with an agreement
Article 127
The employee's labour relation shall terminate when the employer
and employee agree in written upon the termination.
The agreement mentioned in paragraph 1 of this article shall be
concluded between the employee and the employer.
2. Termination of employment established for definite period
of time
Article 128
The employment established for definite period of time shall terminate
with the expiration of the definite time period.
3. Termination of employment according to the law
Article 129
According to the law the employment shall terminate if:
- according to the way stipulated in the law it is defined that
the employee has lost the working ability - on the day of the submission
of the effective decision for determining the loss of the working
ability
- according to the provisions from the Law i.e. according to the
effective decision made by the court or by another organ the employee
is forbidden to perform certain activity and task and another task
can not be provided for the employee - on the day of the submission
of the effective decision
- due to imprisonment in duration longer than 6 months the employee
has to be dismissed from work on the day when the imprisonment commences
- the employee is stated security measure, correctional or protection
measure in duration longer than six months and due to this the employee
has to be dismissed from work - on the day of the application of
the measure
- a procedure for termination of the legal entity has been initiated
under the conditions and the way defined in the law
- the employee has 40 years of service or 65 years of age and at
least 15 years of insurance, and if the employer , in accordance
with the conditions defined in the law and in the General Collective
Agreement, doesn't decide the employee to remain in labour relation
The Decision for termination of employment, ,shall be adopted by
the employer.
Article 130
The employer may decide for the employee whose labour relation
terminates according to paragraph 1 item 6 of the previous article,
to remain in labour relation, if:
- the employee is involved in certain project that is important
for the employer until the completion of the project
- the need for establishment of labour relation is reported at the
office responsible for mediating during the employment and if this
office can not provide an employee who fulfills the conditions for
the job position
- the need for employee is announced through advertisement and an
employee who fulfills the necessary conditions can not be provided
In the case stated in paragraph 1 item 3 of this article the employer
is obliged to announce the need for employee publicly every 6 months.
The labour relation of the employee stated in paragraph 1 item 3
of this article shall terminate if a candidate who fulfills the
conditions for that job position applies on the announced public
advertisement, as well as if the employer doesn't announce a public
advertisement in accordance with paragraph 2 of this article.
4. Termination of employment with a dismissal notice
Article 131
The labour relation shall terminate with a dismissal notice
Given by the employee
Given by the employer under the conditions defined in the law and
this Agreement
- Dismissal notice given by the employee
Article 132
The labour relation shall terminate with a notice given by the
employee if the employee provides a written statement that he/she
wishes his/her employment to terminate.
The dismissal period stated in paragraph 1 of this article lasts
at least 30 days from the day of the submission of the request for
dismissal, if the employee and the employer do not agree differently.
- Dismissal notice given by the employer
Article 133
The labour relation of the employee shall terminate with a dismissal
notice given by the employer, if:
- the employee is not capable to perform the working tasks defined
with the law, this Agreement and the Employment Contract
. - the employee violates the working discipline and the working
order or the employee doesn't fulfill the obligations defined in
the law, this Agreement and the Employment Contract.
Article 134
The labour relation of the employee may terminate with a notice
given by the employer if the employee has been provided with the
necessary working conditions and appropriate instructions, directions
or written warnings regarding his/her performance from the employer
stating that the employer has not been satisfied with the manner
of performance of the working tasks, and if after the expiration
of 30 days after the day the directions, the instructions and the
warnings have been given, the employee does not improve his/her
performance.
Article 135
The inability to perform the working tasks from article 134 paragraph
1 item 1 is determined by a special Commission consisted of 3 (three)
members with at least same level of professional qualification as
the employee whose ability shall be determined, upon a notification
from the immediate superior.
The Commission stated in paragraph 1 of this article shall be appointed
by the Chief Executive Officer.
The employee shall receive a notification that the procedure for
determining his/her working ability has commenced.
The Trade Union has been notified in written form about the initiation
of the procedure for monitoring the employee's ability
The assessment of the employee's ability can be performed after
the expiration of at least 30 working days of monitoring the employee's
performance.
Article 136
The labour relation of the employee shall be terminated with a
notice by the employer due to violation of the working discipline,
working order or non-fulfillment of the duties stipulated by a law,
this Agreement and the Employment Contract, especially if:
(1) the employee does not follow the order and the discipline according
to the rules prescribed by the employer;
(2) the employee does not perform or negligently and untimely performs
the working duties;
(3) the employee does not follow the regulations that are in force
for performing of the tasks on the working position;
(4) the employee does not follow the schedule and the use of the
working hours;
(5) the employee does not ask for leave of absence or does not timely
inform the employee about the absence from work;
(6) due to illness or justifiable reasons, the employee is absent
from work and does not inform the employer within 24 hours;
(7) the employee does not handle conscientiously the working assets
or in accordance with the technical instructions for work;
(8) if a damage occurs or an error or a loss and the employee does
not inform the employer immediately about it;
(9) the employee is not using properly or is not maintaining the
assets and the equipment for protection at work and
(10) the employee makes illegal or unauthorized use of the assets
of the employer.
Article 137
Depending on the degree of responsibility of the employee, the
conditions under which the violation of the working duties was made,
the former work and behavior of the employee, the degree of violation
and the consequences, the employer may substitute the dismissal
notice with a fine that cannot be bigger than 15% of the monthly
salary of the employee in duration of one to six months.
Article 138
The resolution for termination of the labour relation of the employee
that is made by the employer should compulsory be given in written
form with an explanation about the reasons for the termination of
the employment.
The resolution for termination of the labour relation is adopted
by the CEO or an employee authorized by him.
Article 139
The employer is obliged to adopt the resolution for termination
of the labour relation of the employee within 1 (one) month from
the day when the violation of the working discipline, working order,
non-fulfillment of the duties and the incompetence for performing
of the working tasks as well as the identity of the doer were discovered
that is, within 3 (three) months from the day when the violate has
been done.
Article 140
Before terminating of the labour relation with a notice by the
employer, it is obligatory that the employee should state in written
the reasons for the termination of the employment.
Article 141
The duration of the notice period is:
- up to 15 years of service ...............................................................................
1 month
- up to 30 years of service ...............................................................................
2 months
- above 30 years of service ..............................................................................
3 months
During the notice period, the employee has the rights and duties
from the labour relation.
Article 142
The labour relation of the employee shall be terminated without
notice period in the case of violating of the working order and
discipline or in case of non-fulfillment of the working duties stipulated
by law, this Agreement and the Employment Contract, and especially
if:
1) the employee did not come to work for three consecutive working
days or five days non-consecutively during one year;
2) misuses the right on sick leave;
3) does not follow the regulations for protection from disease,
protection at work, fire, explosion, hazardous action of toxic and
other dangerous substances and violates the regulations for protection
of the environment.
4) the employee is under high spirits (drunk) or under narcotics;
(5) commits a theft or deliberately or from extreme negligence causes
a damage to the employer related to the work;
(6) misuses the given authorization
(7) reveals business, official or state secret.
(8) falsifying decisions, resolutions and Company's documents and
their usage for gaining material or any other benefit for the employee
who falsifies or for some other employee
(9) rejecting the working tasks or other working orders received
from the immediate superior
(10) installation of communication line adapters without having
an order from the immediate superior
(11) sleeping of the employees on the job position
(12) rejecting of an employee to undergo a medical check-up due
to discovering alcohol or drugs in his/her blood
(13) causing disorder and fight in the Company
(14) instigation of interruption of the work (strike)
(15) conscious providing of incorrect data or impeding the employee
to perform an insight in his/her documentation for the purpose of
obstructing the realization of his/her rights
(16) accepting bribe and other conveniences in relation with the
work which cause a damage to the Company
(17) keeping records and presentation of the performance results
in an incorrect way in order to create a basis for unjustifiable
usurpation of material benefit for him/her or for some other employee
(18) submission of incorrect reports and data to the employees or
to the Company's management bodies
(19) intentionally or out of extreme negligence loses confidential
or highly confidential documents
(20) impeding the employee to perform his/her working tasks
(21) avoiding search and control made by an authorized employee
at the entrance and the exit of the Company
(22) signing s contract that is harmful for the Company
(23) lack of measures or inappropriate measures for protection at
work taken by the responsible employee i.e. refusing to stick to
the prescribed measures for protection at work which caused serious
injuries of the employees
(24) rude, impolite behaviour at the job position with clients and
other employees
(25) the employee doesn't denunciate the damage caused by other
employee
(26) acting against the regulations and the provisions stipulated
in the separate rule books of the Company and contrary to the respective
guidelines
Article 143
As an exception to article 142 of this Agreement, after the adoption
of the decision for termination of the employment by written order
of the CEO that is, by an employee authorized by him, the employee
shall be removed from the working position or from the company if:
1) the life or the health of the employees or other persons is endangered
or the assets with a higher value are damaged;
2) his/her presence at work and his/her further working for the
employer shall be harmful for the work of the employer;
3) obstructs the determination of the liability for violation of
the working duties and
4) there is a criminal procedure against the employee for criminal
act committed at work or in connection with the work.
Article 144
The appeal against the resolution for termination of the labour
relation that is, against the removal from the working position
or the employer in the sense of articles 142 and 143 of this Agreement,
does not prevent the execution of the resolution for termination
of the employment that is, the written order for removal.
Article 145
During the notice period, the employer is obliged to allow the
employee an absence from work in duration of four hours during the
working week in order to seek new employment.
During the absence from work from paragraph 1 of this article,
the employee has a right on salary compensation in accordance with
the provisions of this Agreement.
Article 146
The employee has a right on an appeal (second instance) to the
Commission for labour relation, against the dismissal notice (resolution)
for termination of the labour relation.
The appeal is filed within 8 (eight) days from the day of the
receiving of the dismissal notice.
The resolution upon the appeal is adopted by the Commission for
labour relation within 15 days from the day of the filing of the
appeal.
The employee, who is not satisfied with the resolution adopted
by the Commission for labour relation after the appeal, has a right
to initiate a dispute in front of the competent court within the
next 15 days.
Article 147
The labour relation of the employee cannot be terminated with a
dismissal notice by the employer if there is no justifiable reason
related to his/her behavior or if the reason is not based on the
needs for function of the employer and if it is beyond the conditions
and cases provided for in item 4 of this Chapter of the Agreement.
Article 148
Justifiable reasons for termination of the labour relation with
dismissal notice by the employer are not the following:
1) membership in Trade Union or participation in trade union activities
in accordance with a law and collective agreement.
2) filing appeal or participation in a procedure against the employer
with reference to breaking of a law or other regulation or due to
addressing to a state government body;
3) absence from work during the maternity leave.
4) approved sick leave.
5) using of the approved absence from work and annual vacation.
6) service or completion of the service in the army or military
exercise.
7) professional development for the needs of the employer.
8) other cases of repose of the labour relation stipulated with
a law.
5. Termination of employment with dismissal notice due to economic,
technological, structural or similar changes
Article 149
The employee's labour relation may terminate with dismissal notice
due to economic, technological, structural or similar changes in
case when the employee tends to establish bigger changes in the
production, program, reorganization, structure and technology and
it will cause need of decrease of the headcount.
Article 150
Prior to the establishment of the changes mentioned in article
149 of this agreement, the employer is obliged to inform the employees
and the Trade Union on the type of the changes and their consequences
on the termination of the employment, the number and the structure
of the employees whose labour relation shall terminate, the measures
that need to be taken in order to avoid and to mitigate the consequences
of such changes and the employee's rights that shall be provided.
Article 151
The Managing Body of AD Makedonski Telekomunikacii shall determine
the need of establishment of economic, technological, structural
and similar changes.
If , due to the establishment of the changes, there is not a need
of the performance of certain number of employees, then the number
of such employees shall be determined (defined) with the Trade Union.
If the Managing Body defines the need for establishment of the changes
from paragraph 1 of this article, then the Managing Body shall be
obliged to adopt a Program which shall contain:
1. analysis of the current situation in the Company
2. analysis of the changes that shall be established with a special
attention paid on the reasons for the need of the changes
3. number and qualification structure of the employees for whose
work the need terminated (per type and degree of qualification)
4. measures that shall be taken for mitigating the negative consequences
from the termination of the employment,
5. the method of solving the rights of the employees for whose work
the need terminated according to the current legal regulations and
the special agreement between the employer and the Trade Union.
6. financial means that need to be provided for the rights defined
in the program and the dynamics of the provision of the funds
7. deadlines and bearers of the activities for realization of the
program
The program mentioned in paragraph 3 of this article must be harmonized
with the Trade Union before the adoption by AD Makedonski Telekomunikacii
Managing organ.
Article 152
Prior to defining the employees for whose work the need terminated,
the requests of the employees for termination with provision of
one of the rights stipulated by the program, shall be taken into
consideration.
Article 153
The Board of Directors shall adopt a Resolution for termination
of the need for work of the employees .
The Chief Executive Officer i.e. the employee authorized by the
CEO, is obliged to inform the employee whose labour relation terminates
due to economic, technological, structural and similar changes in
written form within the time period defined in the law.
Article 154
The utilized right to pay-off is registered by the employer in
the employee's employment booklet.
Article 155
This Collective Agreement on employer's level and the Program define
the points evaluation through which the priority for keeping the
job position is defined in accordance with the criteria of this
article, as follows:
1. the success in the performance
2. examination (determination) of the working abilities
3. the professional training and qualification
4. the working experience
5. years of age
6. total number of the years of service in the Company
7. health state- disability
8. economic-social state
Article 156
In case when the need for work terminated for certain number of
employees and on the job position two or more employees work, then
the employees who fulfill one of the conditions for retirement are
considered as surplus.
Article 157
If according to the criteria mentioned in article 155 of this agreement
the employees are in a same position, then the following employees
have advantage in keeping the job position:
1. employee (woman) during the pregnancy, maternity leave, leave
due to nursing of a child and parent of child up to 2 years of age
2. parent of disabled child
3. single parent i.e. parent who adopted a child up to 7 years
4. employee with labour disability and employee with professional
disease
5. one of the spouses employed in AD Makedonski Telekomunikacii
6. employee who has maximum 5 years till retirement
7. the only provider of the family who doesn't have other income
8. other cases defined with the Program
Article 158
The employee whose labour relation in AD Makedonski Telekomunikacii
terminated is entitled to a priority in the employment in AD Makedonski
Telekomunikacii, if within the period of two years after the termination
of the labour relation AD Makedonski Telekomunikacii has a need
of an employee with same education (qualification).
IX. PROTECTION OF EMPLOYEES' RIGHTS
Article 159
In the realization of the individual rights from the labour relation,
the employee is entitled to ask for protection from AD Makedonski
Telekomunikacii, in front of a competent court, Trade Union, inspection
organs, and other organs, in a procedure and timelines defined with
the law and this Agreement.
The employee has right to attend the procedure in front of the
competent organ that decides upon the submitted request or complaint
and in doing so to be represented by the Trade Union.
The employee who is absent from work due to the presence in the
procedure at the organ mentioned in paragraph 2 of this article,
is considered as he/she has been at work and according to this basis
the salary can not be decreased, and if the employee has made travel
costs during the procedure for protection of the rights from the
labour relation in front of AD Makedonski Telekomunikacii organ,
the costs are paid by AD Makedonski Telekomunikacii.
Article 160
The employee is entitled to submit a request for the realization
of his/her rights from the labour relation, as well as the right
to complaint against a resolution related to the rights, duties
and liabilities, to the Commission for Labour Relations, in a period
of 15 days from the day of the submission of the resolution for
violation of employee's right, i.e. from the day when the employee
found out about the violation of the right.
The submission of the request i.e. the complaint mentioned in paragraph
1 of this article delays the execution of the resolution until the
adoption of the final resolution at the employer, except in the
cases defined with the law and this Agreement.
Article 161
The Labour Relations Commission is obliged to adopt a resolution
in a period of 15 days from the day of the submission of the complaint
i.e. the request.
Article 162
When the Labour Relations Commission decides upon a complaint,
then the Commission may confirm, alter, cancel or revoke the resolution
of the first instance by means of issuing one of the following decisions:
1. the employee's complaint is refused as groundless, and the resolution
against which the complaint is submitted is confirmed if it is made
in accordance with the provisions from the law and this Agreement.
2. the employee's complaint is accepted and the resolution against
which the complaint is submitted is altered
3. the employee's complaint is accepted and the resolution against
which the complaint is submitted is canceled and the case is returned
to the first instance for retrial
4. the employee's complaint is accepted and the resolution against
which the complaint is submitted is revoked
5. the complaint is overruled as untimely or unallowable ( with
a Decision)
Article 163
The Labour Relations Commission as a second instance organ consists
of 5 members and 5 deputies.
The members of the Labour Relations Commission and their deputies
are assigned by AD Makedonski Telekomunikacii Managing organ and
2 of the members and their deputies are suggested by the Trade Union.
The President is elected from the members of the Labour Relations
Commission on its constitutional meeting.
The Labour Relations Commission shall adopt a Rules of Procedure.
Article 164
The employee is entitled to be present at the meeting of the Labour
Relations Commission on which his/her request i.e. complaint is
discussed and the employee has right to declare the facts that are
important for the adoption of the resolution.
Prior to the adoption of the resolution upon the employee's request
i.e. complaint, the Labour Relations Commission is obliged to ask
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