6 February 2014
Screening report
Montenegro
Chapter 19 – Social policy and employment
Date of screening meetings:
Explanatory meeting: 23–25 January 2013
Bilateral meeting: 11–13 March 2013
Montenegro: chapter 19 – Social policy and employment
1
I.
CHAPTER CONTENT
On the basis of Article 153 of the Treaty on the Functioning of the European Union (TFEU), the
Union supports and complements the activities of the Member States in the area of social policy.
The
acquis in the social policy field includes minimum standards in areas such as labour law,
equal treatment of women and men in employment and social security, as well as health and
safety at work. Specific binding rules have also been developed with respect to non-
discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or
sexual orientation (Article 19 of TFEU).
The European Social Fund (ESF) is the main financial tool through which the EU supports the
implementation of its Employment Strategy and contributes to social inclusion efforts
(implementation rules are covered under Chapter 22 “Regional policy and coordination of
structural instruments” which deals with all structural instruments).
The Member States participate in EU policy processes in the areas of employment policy, social
inclusion and social protection. The social partners from the Member States participate in social
dialogue at the European level.
In the field of disability, the EU has adopted a strategy aimed at mainstreaming disability issues
into relevant Union policies and at enhancing the integration of people with disabilities.
International agreements related to employment, labour and social issues, such as the relevant
ILO Conventions or the UN Convention on the Rights of People with disabilities, need to be
taken into consideration.
In relation to chapter 23 “Judiciary and Fundamental Rights”, it should be noted that trade union
rights are essentially covered by chapter 19. As regards anti-discrimination and equal
opportunities, these issues are essentially covered by chapter 19 with a specific focus on
employment aspects, whereas chapter 23 covers cultural and minority rights as well as violence
against women.
II. COUNTRY ALIGNMENT AND IMPLEMENTATION CAPACITY
This part summarises both the information provided by Montenegro and the discussion at the
screening meeting. Montenegro indicated that it can accept the
acquis regarding social policy
and employment and that it does not expect any difficulties to implement the
acquis by the date
of accession.
II.a. Labour law
Montenegro stated that provisions in this area are regulated by the Labour Law adopted
in 2008, last amended in December 2011. New amendments are currently in the
parliamentary procedure, aiming at regulating the rights of employees in the case of a
bankruptcy. Also the General Collective Agreement guarantees minimum legal protection to
the employee.
As regards working time, the Labour Law applies to both public and private sectors, except
for the employment of workers in public administration which is prescribed by the Law on
Civil Servants and State Employees. Full working time equals 40 hours per working week;
part-time work is minimum ¼ of full-time working hours; shorter working hours (due to
Montenegro: chapter 19 – Social policy and employment
2
harder working conditions) are up to 36 hours a week. Daily breaks and daily rest are
regulated, as required by the
acquis. Daily breaks must last at least 30 minutes (for full-time
employees), daily rest at least 12 consecutive hours and weekly rest at least 24 consecutive
hours (used on Sunday, as a rule). Annual leave is at least 20 working days in a calendar
year.1
Montenegro indicated that working hours for workers engaged in interoperable cross-border
traffic in the railway sector are regulated by the Law on Safety, Organisation and Efficiency
of the Railway Transport; it entered into force in January 2014. According to Montenegro,
working hours for mobile workers in civil aviation are regulated in an accompanying
Rulebook to the Law on Air Transport adopted in 2012. Montenegro indicated that working
hours for seafarers and workers on board fishing vessels are regulated by the Law on Safety
of Maritime Navigation; it was adopted by the Parliament in December 2013 and is foreseen
to be completed by accompanying by-laws by 2015.
As regards working conditions (other than working time), Montenegro stated that
employment is established by a written labour contract which is usually concluded for an
indefinite period. As an exception, fixed-term contracts may be concluded where there is an
objective reason. One or more successive fixed-term contracts cannot be concluded with the
same employee for a period longer than 24 months (continuously or with interruptions).
However, an employer may deviate from this rule if it is necessary for the purpose of
substituting a temporary employee, for seasonal jobs or work on a specific project. Labour
contracts may be concluded for full time or part-time work. There is a general prohibition to
employ a person younger than 15, as required by the
acquis. Overtime work and night work
are prohibited for minors, except in cases of
force majeure. Annual leave for minors is at
least 24 working days and weekly rest period is two consecutive days, one of which has to
be Sunday. Temporary agency work is regulated in Montenegro according to the information
presented by Montenegro. Eight Agencies for Temporary Assignment of Employees are in
place for this purpose.
Montenegro indicated that there is currently no Montenegrin legislation aligning with the
acquis on posting of workers. This is foreseen to be remedied through the Law on
Foreigners.
Montenegro indicated that legislation has been adopted with regard to information and
consultation of workers, notably in the cases of collective redundancies and transfers of
undertakings. Employees’ rights remain the same in the event of the termination of a labour
contract individually and termination in collective dismissal. There are three categories of
employees that cannot be made redundant: single parents, parents of children with
disabilities and parents exercising the right to parental leave. In the case of transfer of
undertakings the new employer needs to assume all obligations arising from the employment
contracts of the transferred workers. As regards employer’s insolvency, a Labour Fund was
set up in 2010 to serve as the Guarantee Fund required by the
acquis.
There is no Montenegrin legislation regulating either the establishment of European works
councils nor the involvement of workers in European companies and European cooperative
societies.
As regards administrative capacity, the main administrative body is the Ministry of Labour
and Social Welfare (MLSW) and its Department for Labour Relations. In the Administration
1 Directive 2003/88/EC concerning certain aspects of the organisation of the working time provides for a paid
annual leave of at least four weeks.
Montenegro: chapter 19 – Social policy and employment
3
for Inspection Affairs, Department for Labour Inspection, established in 2012 25 out of
35 labour inspectors are in charge of supervision of labour relations. The Administration for
Inspection Affairs has 15 offices throughout Montenegro. There are no specialised labour
courts in Montenegro. A Law on Peaceful Settlement of Labour Disputes adopted in 2007
prescribes the manner and procedure for the alternative resolution of collective and
individual industrial disputes and the appointment of conciliators and mediators. Also an
Agency for Peaceful Settlement of Labour Disputes is in place.
II.b. Health and safety at work
Montenegro stated that this area is regulated by a Law on Safety and Health at Work adopted
in December 2004, subsequently amended in April 2010, as well as 41 Regulations (by-laws,
Ordinances). According to Montenegro, the Law covers both public and private sectors and
contains preventive measures for enabling safety at the workplace. Montenegro also stated
that, further to this Law, the employer is responsible for the organisation and implementation
of safety at work measures in all situations and notably, that a risk assessment needs to be
adopted for determining
inter alia the way and measures to remove risks, as required by the
acquis. Moreover, Montenegro indicated that training in the area of health and safety at work
as well as medical check-ups of employees is provided for by the Law. Also, according to
Montenegro, trade unions have the right to participate in discussions on all matters related to
health and safety at work. Finally, Montenegro stated that representatives of employees can
also form a board of employees for safety at the workplace which must include at least one
representative of the employer.
Montenegro stated that the Law on Safety and Health at Work is currently under revision
and foreseen to be amended by mid-2014. Montenegro also indicated that a major overhaul
of all the legislation related to health and safety at work is ongoing in order to align with the
acquis in this area. 23 by-laws are foreseen to be successively adopted over a period of three
years after the adoption by the Parliament of the Law on Safety and Health at Work. In
relation to minimum requirements for work on board fishing vessels, Montenegro indicated
that these are regulated in the Law on Safety of Maritime Navigation; it was adopted by the
Parliament in December 2013 and is foreseen to be completed by accompanying by-laws
by 2015.
Also, Montenegro indicated that a Strategy for Improvement of Health of Employees and
Safety at Work in Montenegro
2010–2014 was adopted by the Government in
November 2010 accompanied by an Action plan for its implementation. According to
Montenegro, a new strategy for 2013–2020 is currently under preparation in line with the EU
Strategy on Health and Safety at Work. Montenegro indicated that the highest risk sector in
this area is the construction sector.
As regards administrative capacity, a Department for Safety at Work has been established in
the MLSW. Montenegro stated that in the Administration for Inspection Affairs, Department
for Labour Inspection, nine labour inspectors out of 35 inspectors are in charge of
supervision of safety at work. Plans exist for increasing the number of labour inspectors in
this area, especially for the municipalities of Bar and Ulcinj. Funding is foreseen to be
provided for an IT system for Labour Inspection. According to Montenegro, labour
inspectors have also been trained in some areas of the
acquis in the past. Other institutions
responsible for health and safety at work are the Ministry of Health, the Ministry of
Economy, the Ministry of Sustainable Development and Tourism and the Ministry of
Transport and Maritime Affairs.
Montenegro: chapter 19 – Social policy and employment
4
II.c. Social dialogue
Social dialogue takes place mainly at tripartite level in the framework of the Social Council
(SC). The SC was established in June 2008 as a consultative body with the task of
monitoring, encouraging and analysing social and economic activities in Montenegro. It
comprises 11 representatives of the Government and 11 representatives of workers and
employers’ associations, respectively, and works with seven commissions covering different
socio-economic areas. Amendments to the 2007 Law on Social Council were adopted by the
Government in December 2013 and entered into force in January 2014 in view of
establishing the SC Secretariat. Budget has been provided for development of the technical
and administrative capacities of the SC secretariat.
Montenegro indicated that the General Collective Agreement expired at the end of 2011;
negotiations on a new general tripartite collective agreement are in the final phase. 19 branch
collective agreements have been concluded over the years.
Amendments to the Law on trade union representation were adopted in July 2013 to increase
transparency of trade union pluralism. On the basis of this Law, as of 31 October 2013,
1 655 trade union organisations and 470 representative trade union organisations were
registered in Montenegro.
The most prominent trade union organisations are the Confederation of Trade Unions of
Montenegro (CTUM) and the Union of Free Trade Unions of Montenegro (UFTUM), which
split from CTUM in 2008. CTUM is a member of the International Trade Union
Confederation (ITUC) and an observer in the European Trade Union Confederation (ETUC).
Employers in Montenegro are represented by the Montenegrin Employers Federation (MEF),
a voluntary organisation established in 2002. The MEF is a member of the International
Organisation of Employers (IOE) since 2005 and a member within BusinessEurope.
An Agency for Peaceful Settlement of Labour Disputes was established in April 2010, with a
tripartite steering committee as governing body. It is the first body of this kind in
Montenegro.
II.d. Employment policy
A National Employment and Human Resources Development Strategy for the period 2012–
2015 aims at contributing to the achievement of Europe 2020 objectives. An Action plan for
Employment and Human resource development for 2013 was adopted in December 2012. It
focuses on measures and activities directed particularly at young people and the long-term
unemployed. The same focus, along with promotion of seasonal work, will remain in the
Action Plan on Employment and Human resource development for 2014 adopted by the
Government in December 2013. Their implementation is monitored by a new National
Employment and Resource Development Council established in June 2013 consisting of
representatives from different ministries and institutions as well as of the social partners and
NGOs. Local employment and human resource development strategies for the period 2011–
2015 have been also developed in four northern municipalities of Montenegro (Pljevlja,
Berane, Bijelo Polje and Mojkovac).
As regards the labour market situation, activity and employment rates slightly increased in
2012 to 50% and 40.1% respectively as compared with 48.7% and 39.1% in 2011.
Unemployment contracted marginally, but still remained high at 19.7% on average in 2012
(2011: 20%) according to the EU Labour Force Survey. According to the Employment
Montenegro: chapter 19 – Social policy and employment
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agency of Montenegro, the registered unemployment rate was 13.5% at the end of 2012, but
climbed to 14.2% in the first quarter of 2013 (compared with 13.6% a year before). A
working group has been established between Monstat and the Employment Office to study
the problem of discrepancy between LFS and registered unemployment rates. An EU
Member State expert will also provide assistance in this respect. According to Montenegro,
current challenges on the labour market are long-term unemployment, youth unemployment,
regional disparities in employment as well as unemployment rate.
Especially youth unemployment among the high-skilled (or graduates) has dramatically
increased between 2012 and 2013 (from 20.6% to 27.16%). An Action Plan on youth
employment for 2014 was adopted by the Government in November 2013, and several
projects have been implemented in the past to tackle the issue. For example, a project
“Internship for graduates” has succeeded in providing traineeships for over 4 000 college
graduates since January 2012. This project is scheduled to continue also in 2014. Moreover,
a Law on Professional training of persons who acquired higher education was adopted
in 2012. On the basis of this Law, professional training lasts for nine months and is
recognised as professional experience of 12 months.
In general, Montenegro stated that funds for active labour market measures have contracted
drastically (from € 12 million in 2008 to € 4.3 million in 2012). The Action plan for
Employment and Human resource development for 2013 foresees the setting up of a system
for monitoring and measuring efficiency of implemented labour market measures. A
programme on self-employment loans is in place since 1999 for unemployed, small-sized
enterprises and entrepreneurs, with specific incentives for women entrepreneurs, as well as
for the development of entrepreneurship in underdeveloped local self-governments.
As regards administrative capacity, the Employment Agency of Montenegro is organised
through a Head Office, seven regional employment centres and 14 employment offices. It
has 335 employees in total. Services to the unemployed and employment mediation services
are provided free of charge. Furthermore, Montenegro indicated that Centres for Information
and Professional counselling have been established in eight Montenegrin cities (Podgorica,
Bar, Herceg Novi, Nikšić, Berane, Bijelo Polje, Mojkovac and Pljevlja), covering 73 % of
Montenegrin citizens, as well as in the University of Montenegro. Their main purpose is to
provide conditions for career development for school pupils, students, employed and
unemployed persons.
A Strategy for Adult Education (2005–2015) is in place. There were 12 000 participants
through public funds in 2011. However, Montenegro indicated that there is no systematic
promotion of adult education or lifelong learning in Montenegro, although an adult
education fair is organised yearly. For example, the private sector hardly invests in adult
education. Montenegro stated that more efforts are needed to develop a network of education
providers.
Montenegro stated that there are no reliable and precise data as regards
undeclared work in
Montenegro. According to ILO Report “Global Employment Trends in 2013”, undeclared
work in Montenegro increased from 17% to 19% of GDP in 2000–2010. A Law on the
Prevention of Illegal Businesses was adopted in June 2013 to remedy the problem. A
coordination team for combating the grey economy, a governmental body, was set up in
April 2012 and an Action plan for 2013 was adopted by the Government in March 2013.
Operational teams have been formed in seven municipalities in order to exchange and
analyse data on undeclared work. Fines between € 500 and € 20 000 are foreseen by law for
not signing a labour contract. A campaign “Stop Grey Economy” with support of ILO is
Montenegro: chapter 19 – Social policy and employment
6
being carried out since 2008. According to Montenegro, fight against undeclared work has
been significantly intensified compared to 2012.
II.e. European Social Fund (ESF)
Montenegro’s strategic coherence framework was endorsed by the Commission in
December 2012 and an Operational Programme for Human Resources Development 2012–
2013 was adopted in October 2012. Montenegro indicated that an Operating structure was
established in July 2011 with the overall responsibility by the MLSW. A new section for
programming and implementing EU funds was set up in March 2013 as an independent unit
within the MLSW. Members of the Operating structure have had a series of training sessions
to improve their capacity in the field of programming. Montenegro indicated that
administrative capacity needs to be strengthened in this area, especially as from 2014. IPA I
assistance is ongoing in this respect since September 2013. The main challenge in the future,
according to Montenegro, will be ensuring the readiness of the Operating structure. In
addition, the country is undergoing an accreditation process of its structures in order to be
granted a conferral of management powers from the European Commission, which will
allow implementation of IPA IV funds. Also, Montenegro stated that the principles of
partnership should be strengthened, and potential grant applicants should be motivated to
prepare project proposals in order to absorb relevant funds.
II.f. Social inclusion
Montenegro stated that the absolute poverty line was set at € 175.25 monthly in 2011. 9.3 %
of the population were living below this poverty line in 2011. The rural population is much
more at risk of poverty than the urban population. The largest share of socially excluded
households are situated in the northern region; their biggest obstacles are inadequate access
to health care services and insufficient income. The Roma, Ashkali and Egyptian (RAE)
population is the only highly vulnerable ethnic group in Montenegro.
Montenegro stated that a number of strategies are in place in the area of social inclusion. The
first Strategy on Social Exclusion 2007–2011 was adopted by the Government in 2007
defining the notion of social exclusion for the first time. A Strategy for improving the
position of Roma, Ashkali and Egyptian population 2012–2016 was adopted by the
Government in April 2012, accompanied by a yearly Action plan. A Strategy for Social and
Child Welfare 2013–2017 and a Strategy for social protection of the elderly 2013–2017 were
adopted in June 2013. Also a new Law on Social and Child Protection was adopted by the
Parliament in May 2013 providing minimum standards for the provision of social services
and child protection.
Social and child care is financed from the State budget. IPA assistance is ongoing to reform
the social and child welfare system and improve social inclusion in Montenegro. In six
municipalities, local social inclusion plans have been adopted, and they are being prepared in
nine other municipalities. Policies have also been developed to improve the status of the
RAE population. Training has notably been provided in the field of education and care for
vulnerable children (the RAE population and children with disabilities). The number of
Roma and Egyptian children in primary education has steadily increased over the years.
Guidelines were also adopted for their inclusion into the mainstream education system. Also,
on average, between 50 and 100 unemployed RAE population are included yearly in active
labour market programmes.
As regards deinstitutionalisation, a Master Plan of Transformation of “Komanski Most”
institution was finalised in December 2013, and the Master Plan of Transformation of the
Montenegro: chapter 19 – Social policy and employment
7
children’s institution in Bijela is expected to be finalised in early 2014. The overall objective
is to reduce the number of children in the residential institutions for social and child
protection by 30 %, develop foster care (there should be no children aged from 0–3 in
residential institutions by 2017) and open more day-care centres for children and adults in
addition to the seven existing ones for children with disabilities. The existing two institutions
are foreseen to be reformed, and inspections strengthened.
Montenegro stated that the share of
people with disabilities in Montenegro is around 10–
11 %. Montenegro ratified the UN Convention on the Rights of people with disabilities
(UNCRPD) in July 2009. An Initial Report on the Implementation of the UNCRPD was
adopted by the Government in January 2014. A Law on Prohibiting Discrimination of
Persons with Disabilities was adopted in 2011. It is foreseen to be amended by the end of
2014 in order to bring it in line with the
acquis. Montenegro also indicated that IPA
assistance is foreseen to harmonise the Montenegrin legislation with the UNCRPD. A
Strategy for Integration of people with disabilities 2008–2016, with a respective Action plan,
was adopted in 2007. The Strategy envisages the adoption of Action plans in this area every
two years. Amendments to the Law on spatial development, adopted in July 2013, foresee
some measures to improve accessibility. Also an Action Plan for Adapting facilities for the
access of persons with reduced movability and people with disabilities for 2014 was adopted
by the Government in October 2013. Awareness raising activities have also been carried out
on accessibility. On the basis of the Law on Vocational Rehabilitation and Employment of
Persons with Disabilities (2008), special subsidies may be granted to employers for hiring
people with disabilities. Also a quota system for the employment of people with disabilities
was introduced in May 2009. However, most companies concerned prefer to pay a non-
compliance fee for not employing people with disabilities. Montenegro also indicated that it
tries to encourage self-employment of people with disabilities. As regards institutional
structures, a Council for the Care of Persons with Disabilities has been established. It is
chaired by the MLSW and it consists of representatives of six different Ministries, of the
Employment Agency and of five NGOs. Local councils for taking care of people with
disabilities have been established in several municipalities and they include representatives
of the local organisations of people with disabilities. In general, Montenegro pointed out to
the significant media coverage of events related to people with disabilities in Montenegro.
II.g. Social protection
A compulsory health insurance is in place in Montenegro. 80 % of health care services are
paid by the State. The health insurance reaches out to a large number of vulnerable groups.
The Government and the UNDP cooperate since May 2012 within a project “Social Card”.
The first phase of introduction of the Social Card / Social Welfare Information System in
Montenegro (SWIS) has started. The objective is to improve the capacity of the Government
to plan and monitor, track and manage social protection payments and services, as within the
current ‘social database’ it is not possible to see how many employees are beneficiaries of
social assistance. The project aims at relieving significantly the administrative burden for
social workers. In order to help disadvantaged population groups, two programmes are being
implemented in Montenegro: a) programme of subsidising electricity bills to the most
vulnerable groups, and b) programme to provide free textbooks at schools. A large number of
training courses on planning, development, delivery and sustainability of social services have
been provided.
The Montenegrin pension insurance system was reformed in 2011 and consists of a mixed
public and private pension insurance system based on the first and third pillars. The
compulsory pension and disability insurance (I pillar) is regulated by the Law on Pension and
Montenegro: chapter 19 – Social policy and employment
8
Disability Insurance while the voluntary pension insurance based on individual capitalised
savings (III pillar) is regulated by the Law on Voluntary Pension Funds since 2006. Two
voluntary pension funds have been established. The Government has not yet decided whether
it will establish a compulsory pension insurance based on individual capitalised savings
(II pillar). The objective is also to equalise pensionable age for women and men and to
increase the statutory retirement age from 65 to 67 (in 2025 for men and in 2041 for women).
II.h. Anti-discrimination
The Constitution of Montenegro prohibits discrimination ‘on any ground’ and a
comprehensive Anti-discrimination Law was adopted in July 2010, banning discrimination
on any grounds, including sexual orientation, birth and gender identity. The Law includes
provisions on the “Protector of human rights and freedoms” (Ombudsman) designating this
institution as an equality body with competences corresponding to those set out in related EU
directives. Montenegro stated that the Anti-discrimination Law is foreseen to be amended in
the first half of 2014 to bring it in line with the
acquis. Several other laws, including the
Labour Law, also contain provisions prohibiting discrimination on a number of specific
grounds covered by EU legislation.
A Plan for the Implementation of anti-discrimination legislation has also been adopted
in 2011, which includes a Plan of education in the field of protection from discrimination and
a Plan of promotion of anti-discriminatory behaviour and practise. In this context, several
trainings have been carried out aimed at raising awareness of representatives of the State
administration, police, judiciary, NGOs, as well as representatives of local self-government,
all regional police units and representatives of inspection services in Montenegro. A wide-
ranging media campaign in this area was also carried out throughout 2011, and in 2012, the
media campaign focused on LGBTI people, people with disabilities and women. A Rulebook
on the contents and manner of keeping records of cases of reported discrimination was
adopted by the Ministry of Human and Minority Rights in April 2011. The reported cases of
discrimination are included in the special report on discrimination submitted to the
Parliament of Montenegro by the Ombudsman. Fines, ranging from € 500 to € 20 000, are
stipulated by law for the violations of certain provisions of the Anti-discrimination Law.
Montenegro stated that the strongest discrimination is faced by Roma, people with
disabilities and women.
Apart from the Ombudsman, the main State actors in this area are the Ministry of Labour and
Social Welfare, the Ministry for the Protection of Human and Minority Rights and the
Ministry of Justice. An Anti-Discrimination Council has been established which is composed
of the Prime Minister and seven (line) ministers. NGOs are also involved in the work of the
Council. Since August 2011, the Prime Minister’s Cabinet includes an adviser for human
rights and anti-discrimination. There are currently four deputy Ombudsmen with 26 staff in
total.
II.i. Equal opportunities
Montenegro is a party to a number of relevant international conventions, including the UN
Convention on the elimination of all forms of discrimination against women (CEDAW).
According to the Constitution, the State shall guarantee the equality of women and men and
shall develop the policy of equal opportunities. Discrimination on grounds of sex in relation
to employment is also prohibited by the Labour Law and the Gender Equality Act (2007), to
mention the principal instruments. A second Action Plan for the Achievement of gender
equality for the period 2013–2017 was adopted in January 2013. It foresees
inter alia to raise
the employment rate of women, introduce gender-sensitive education at all levels of
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9
education, suppress gender stereotypes and introduce gender equality in media and culture.
NGOs participate in the drafting of the Action Plan and in its monitoring. Action plans for
gender equality have also been adopted at local level.
Montenegro stated that equal pay is regulated in the Labour Law. Self-employed women
account for 10% of the total number of self-employed; this is encouraged through
advantageous loans specifically for women. As regards access to employment, vocational
training and promotion, and working conditions, prohibition of discrimination and definition
of direct and indirect discrimination are regulated by the Labour Law. Job vacancies must be
advertised in such a way that persons of both genders may apply. According to Montenegro,
women are protected especially during pregnancy and motherhood. Harassment and sexual
harassment are defined by law. In cases of discrimination based on sex, the burden of proof
falls on the employer. Courts determine the amount of damages and compensation.
As regards pregnant workers, maternity leave (may be used for 45 days, and obligatorily
28 calendar days prior to delivery2) is regulated by the Montenegrin legislation. An employer
cannot refuse a woman for reasons of pregnancy, cancel her employment contract or transfer
her to other jobs. Night-time and overtime work during pregnancy and for a woman with a
child under three years of age is prohibited. Parental leave is granted on a transferable basis.
Either mother or father may use it for 365 days from the birth of the child with a full
compensation of pay. The parents retain the right to return to the same or to an adequate
working position after parental leave with at least the same salary.
The State administration body responsible for tasks related to gender equality is the Ministry
of Human and Minority Rights. An Office for Gender Equality was established by the
Government in March 2003. It operates as the Department of Gender Equality at the
Ministry. Offices for gender equality have also been established in four municipalities
(Niksic, Cetinje, Pljevlja and Bijelo Polje). Gender equality training sessions have been
carried out by the Office for Gender Equality targeting different groups, such as head
teachers from primary schools, rural women, lawyers, employees of local State
administration, etc.
III. ASSESSMENT OF THE DEGREE OF ALIGNMENT AND IMPLEMENTING CAPACITY
Overall, Montenegrin legislation is partially aligned with the
acquis in the field of social policy
and employment. Legislative work is currently being carried out in this area in view of aligning
with the
acquis. Resolute action is needed in order to advance in legal alignment and to address
also the critical labour market situation. Efforts should be stepped up as regards poverty
reduction, improving the inclusion of the RAE population, people with disabilities and other
vulnerable groups. Due functioning and transparency of social dialogue need to be ensured. In
general, planning of the work ahead in the area of social policy and employment as well as
Montenegro’s implementation and enforcement capacity will require sustained attention, as the
administrative capacity will need to be strengthened across all the sectors if the
acquis is to be
properly applied. Also, sufficient funding should be ensured, for example in the field of health
and safety at work.
III.a. Labour law
Some of the basic principles laid down by the EU labour law
acquis appear to be in place. A
significant number of important adjustments to the national legislation in this area will be
2 EU
acquis requires 14 weeks of leave.
Montenegro: chapter 19 – Social policy and employment
10
necessary in order to prepare for complete legal alignment in this area. Due implementation
and enforcement of the legislation needs to be ensured. Administrative capacity needs to be
substantially strengthened, including through the provision of adequate training.
III.b. Health and safety at work
Due to obsolete legislation adopted well before the time of the current
acquis in force in the
area of health and safety at work, substantial part of legislation aiming at transposing the
acquis in this area is currently under preparation. Due attention needs to be paid particularly
to legal alignment and enforcement of the Framework Directive 89/391/EEC on the
introduction of measures to encourage improvements in the safety and health of workers at
work, as it contains the general principles regarding prevention, employers’ responsibility,
risk assessment, training, consultation and participation of workers as well as the obligation
to designate workers regarding the protection and prevention of occupational risks.
The capacity of the Directorate for Inspection Affairs, including the labour inspectorate, is
not adequate due to limited financial resources and the lack of an adequate IT system. In
general terms, the structure, faculties and human resources of the Department for Labour
Inspection need to be improved so as to guarantee an efficient enforcement of the
acquis in
this area. Social partners as well as other public bodies, such as the Ministry of Health,
should be involved in the programming and planning of labour inspection activities. The
Department for Labour Inspection also needs to become more mobile.
III.c. Social dialogue
The institutional framework for social dialogue in Montenegro is in place. Amendments to
the Law on Trade union representation are a step in the right direction to increase
transparency. Legal basis has been created for the establishment of the Social Council
Secretariat. The Social Council has met regularly and provided opinions and
recommendations on a number of important pieces of draft legislation and issues, including
negotiations on the new general tripartite collective agreement after the previous agreement
expired in November 2011. These negotiations on a new General Collective Agreement
should be concluded. Bipartite and autonomous social dialogue remains rather weak,
especially in the private sector and at corporate level. Also, the capacity of social partners
needs to be improved.
III.d. Employment policy
The labour market situation in Montenegro remains critical due to low activity and
employment rates and high unemployment. The 2013 Action plan for Employment and
Human resource development focused on measures and activities directed particularly at
young people and the long-term unemployed, but it was not fully implemented due to
budgetary constraints. Resolute action is needed to address low activity and employment
rates and the mismatch between the skills available and needs, partly through increasing the
capacity of the public employment service to implement activation policies. Development
and employment gaps between the north and other parts of the country need also to be
addressed. In this respect, the impact of the economic and financial crisis on the
implementation of the active labour market measures is a concern. Sufficient attention
should also be paid to adult education and training. Within the public employment service,
the network of local employment offices should be sufficiently equipped and widespread so
as to be able to implement, in due course, the European Employment Strategy. Cooperation
between the employment offices and training institutions should be strengthened. Also
undeclared work continues to be an obstacle to increasing regular employment. Furthermore,
Montenegro: chapter 19 – Social policy and employment
11
developing reliable data and statistics remains an outstanding issue in several areas, in
particular for labour market analysis.
III.e. European Social Fund (ESF)
In terms of preparation for ESF, a large number of elements required by the
acquis in the
area of cohesion policy are not yet in place. Montenegro will have to adapt its legislation and
structures in order to be able to successfully manage, implement, monitor, audit and control
ESF-type measures. The administrative capacity of all authorities involved, mainly
government bodies, but also municipalities and education institutes, will need to be
strengthened. Good progress in the preparation and implementation of IPA component IV on
human resources development will be an indicator of capacity to manage ESF funds
efficiently upon accession.
III.f. Social inclusion
Implementation of the Strategy for improving the position of the Roma, Ashkali and
Egyptian population 2012–2016 has been slow, without clear funding resources and
sufficiently skilled staff. Substantial efforts are necessary to ensure the social inclusion of all
the socially and economically disadvantageous and vulnerable groups, such as Roma,
Ashkali and Egyptians, people with disabilities as well as the youth and elderly. A more
strategic approach to social benefit reforms appears necessary in order to provide more
effective support for the neediest parts of the population. Further improvements are needed
in the Law on Social and Child Protection the implementation of which should clearly reflect
the standards and requirements set out in the UN Convention on the Rights of the Child.
Related statistics will need to be improved and in particular a data base and indicators used
in the EU to monitor social inclusion and social protection will need to be developed.
Awareness raising activities in this area should continue.
As regards people with disabilities, the Law on Prohibiting Discrimination of Persons with
Disabilities continues to present shortcomings, notably as regards definitions, sanctions and
the obligation of employers to provide reasonable accommodation. The financial support
paid to employers for employing people with disabilities is insufficiently protected against
misuse. Notwithstanding measures taken, overall access to buildings, including education
and medical facilities, by people with disabilities remains a concern. Attention should be
paid to the creation of community-based services as an alternative to institutionalisation.
Sufficient financial resources should be allocated in order to ensure due implementation of
the Strategy for Integration of people with disabilities. Developments in this field should be
monitored carefully.
III.g. Social protection
Montenegro has implemented a number of reforms in the field of social protection, notably
of pensions, e.g. increasing the retirement age. In order to face the demographic challenge of
an ageing population, efforts to promote employment of women and older workers need to
continue. Progress on administrative and fiscal decentralisation of social services continues
to be limited. Further measures are needed for improving the sustainability of the pension
system. In the health care sector, equal access to health care services need to be ensured, also
for representatives of socially disadvantaged groups, e.g. Roma, Ashkali and Egyptians and
internally displaced persons.
Montenegro: chapter 19 – Social policy and employment
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III.h. Anti-discrimination
The Anti-discrimination Law is broadly in line with the
acquis, but some aspects, such as the
scope of the prohibition of racial discrimination, the definition of segregation as well as the
sanctions for acts of discrimination, will need to be further aligned with the
acquis. The Law
includes provisions on the “Protector of human rights and freedoms” (Ombudsman)
designating this institution as an equality body with competences corresponding to those set
out in related EU directives. This will need to be complemented with further guarantees for
effective and independent functioning of the Ombudsman in the Law on Ombudsman.
Authorities generally show commitment towards anti-discrimination policies. However,
capacities of the Ombudsman’s Office still remain limited despite the appointment of new
staff. Also, the financial and administrative capacity of the Council for Protection against
Discrimination is not yet adequate. Public awareness in this field needs to continue to be
raised. Awareness among judges of the anti-discrimination
acquis is not widespread either.
Furthermore, attention should also be paid to the availability of sufficiently comprehensive
statistical data in order to allow adequate monitoring of discrimination on the basis of
different grounds. Generally, effective implementation of existing legislation and
strengthening of related administrative capacity is the main challenge. Developments in this
field need to be monitored carefully.
III.i. Equal opportunities
Basic legislation in this area is in place, comprising equal pay, access to employment and
maternity protection, including maternity leave. Further legal adjustments are, however,
necessary, e.g. aligning several definitions with those of the Anti-discrimination Law and
further bringing the legislation in line with the EU
acquis, notably on the questions of equal
pay and occupational social security schemes (Directive 2006/54/EC), of self-employed
activities (Directive
2010/41/EU) and of statutory social security schemes
(Directive 79/7/EEC). Legal alignment remains also to be completed in the areas of parental
leave (Directive 2010/18/EU) and maternity leave (Directive 92/85/EEC). Promotion of
gender equality and women’s rights has improved at the level of the national and local public
administration; capacities of the civil servants in this field have been strengthened. However,
enforcement of women’s rights is an issue of concern, as governmental gender mechanisms
remain under-staffed and under-funded by the State budget. Further efforts to raise awareness
on gender equality are necessary, particularly in rural areas. Availability of gender-
segregated statistical indicators should be ensured. Generally, effective implementation of
existing legislation and strengthening of related administrative capacity is the main
challenge.
IV. CONCLUSIONS AND RECOMMENDATIONS
In view of the above, in particular the findings presented in Part III, Montenegro cannot be
considered to be sufficiently prepared for negotiations on this chapter. Therefore, the
Commission does not recommend, at this stage, the opening of accession negotiations with
Montenegro on chapter 19, Social policy and employment.
In view of the current situation as assessed above, it is recommended that this chapter be opened
for negotiations once the following benchmark is met:
• Provide the Commission with an action plan for the gradual transposition of the
acquis
(where necessary) and for building up the necessary capacity to implement and enforce
the
acquis in all areas covered by the Social Policy and Employment chapter. The plan
Montenegro: chapter 19 – Social policy and employment
13
should include: a) a timetable, b) the identification of the human resources allocated to
each task, c) the identification of the institutions involved, their mandate and role in the
accession negotiations, and d) the identification of accompanying support actions in the
pre-accession context (strengthening of administrative capacity).
Montenegro: chapter 19 – Social policy and employment
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Document Outline