Decision U.No. 104/2016

A 65-year-old woman working in a state institution requested to continue her employment for two more years was denied on the basis that, according to Paragraphs 2 and 4 of Article 104 of the Labour Law of Macedonia (the “Contested Provisions”), the age limit to which women can work is 65 years of age, while this limit for men is 67 years of age. The Union-National Council for Gender Equality and the Macedonian Women’s Lobby initiated proceedings in the Constitutional Court of Macedonia (the “Court”) challenging the constitutionality of the Contested Provisions on grounds that they contravene Articles 9 and 32 of the Constitution. The Court held that the Contested Provisions are not in accordance with the established constitutional principle of equality of citizens on grounds of sex per Article 9 of the Constitution, on the basis that the Contest Provisions impose termination of employment of female employees under different conditions than male employees. The Contested Provisions are thereby repealed.