Conditions for retirement – discrepancy between the legal provision

The amendments to the Law on Labor Relations published on 06.07.2021 in the “Official Gazette of the Republic of North Macedonia” no. 151/21 regulate mandatory retirement with 64 years of age and 15 years of pension experience, unless otherwise regulated by another law.

Employees who want to extend the length of service and who have applied for an extension to the employer until August 31, 2021, can extend the length of service until June 30, 2022.

From the mandatory retirement at the age of 64, there are exceptions for defined staff in the field of public health and higher education. Healthcare workers will be able to retire at age 67, but with the prior approval of the director of the institution where they work and with a positive opinion from the Ministry of Health that staff is needed and there is no replacement. Higher education employees are also required to remain able to work for up to 67 years, subject to the conditions set out in the Law on Higher Education.

An exception is the Article 18 of the Law on Pension and Disability Insurance, which stipulates that the insured person acquires the right to an old-age pension when he turns 64 (man), i.e. 62 (woman) and at least 15 years of pension service.

Although this Article as well as other provisions of the Law on Pension and Disability Insurance are considered as an exception in practice, it is necessary to harmonize this law with the Law on Labor Relations in order to avoid confusion and abuse of the rights of employers and workers.

With the Amendments to the Law on Labor Relations published on 06.07.2021 in the “Official Gazette of the Republic of North Macedonia” no. 151/21, the legislator failed to harmonize the misdemeanor provisions, whihc gives rise to different interpretation.

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