THE SPECIAL LEGAL CAPACITY FOR ESTABLISHING AN EMPLOYMENT RELATIONSHIP (LABOR-LAW CAPACITY)
Shkurte KADRI
Abstract
The special legal capacity represents a subcategory of general legal capacity, which itself forms part of the fundamental institute of civil law known as legal subjectivity.
The capacity to establish an employment relationship (labor-legal capacity) is acquired by a natural person upon fulfillment of the conditions prescribed by law, thereby constituting a distinct form of legal capacity. This paper examines the special legal capacity for establishing employment relationship (labor-law capacity) pursuant to the labor law of the Republic of North Macedonia.
This capacity reflects the individual’s ability to enter into a legally valid employment contract once the statutory general and special conditions are fulfilled. The purpose of this paper is to analyze the general and special conditions required under the labor legislation of the Republic of North Macedonia for the establishment of an eployment relationship. As the paper will demonstrate, the cumulative fulfillment of the two general conditions, the attainment of the minimum age (18) and the possession of general health ability, constitutes what is defined in labor law theory as labor-legal capacity.
Through an analytical and comparative approach, the study examines how the Macedonian Labor Relations Act regulates this capacity, particularly regarding minimum age, general health cability and professional capacity. It further explores the extent to which these provisions are harmonized with international and European labor standards, including the ILO Minimum Age Convention (Geneva, 1973), the International Covenant on Economic, Social and Cultural Rights, Declaration of the Rights of the Child, and Charter of Fundamental Rights of the European Union.
Pages: 172 - 179