Labour Law Reform in Montenegro

Workshop to Discuss International Labour Standards and EU Law in Montenegro

Working Group members met to discuss ongoing Labour Law Reform in Montenegro in Kolasin on 9-10 May, 2017. Participants, including CEELex experts from Hungary and Romania, were looking into principles of related EU and ILO conventions. Tripartite discussions were also held concerning collective bargaining.

Press release | 20 June 2017
Representatives of the Working Group for the Labour Law Reform in Montenegro met in Kolasin for a workshop organized on 9-10 May, 2017. The aim of the gathering was to find solutions for controversial issues acceptable for all social partners concerned, aligning them with international labour standards and European law and practice. With the support of CEElex experts from Hungary and Romania, the WS participants were introduced to cases from these two countries in transposing European and international standards into the national context.

On the first day, participants had the opportunity to discuss principles of the EU Directive on Temporary Agency Work (TWA) and ILO Private Employment Agencies Convention no. 181 and the EU Directive on Fixed Term Work (FTW) and ILO Termination of Employment Convention no. 158. On the second day, potential legal solutions were explored for Montenegro. Tripartite discussions were also held regarding collective agreement: pros and cons were discussed in light of regional experiences as well as legal force, role and scope of employer’s internal regulations. Furthermore, the Protocol to the Labour Force Convention no. 29 was presented and discussed.

During the discussions, the benefits of the TWAs were explained, including facilitated administrative procedure, cost reduction, contract signing with the Agency, simplified dismissal and the like. Under C 181 TWAs can have 3 purposes – provide for TW Assignment, mediation and other services related to job seeking.

On the topic of fixed-term employment, the relevant Rec. 166 on Termination of Employment was presented and considered with a focus on limitations and rights (apprentice time, trainings, integration), as well as on protection with the use of one or more measures: objective reason for contract renewal, maximum duration of all contracts, number of renewals. The Member States decide the period between 2 contracts and the conditions for transformation in open-ended contract. The presumption is that the contract is open-ended, if not otherwise stated.

Coming to the issue of collective agreements, general enactment of employers was also raised. The ILO Specialist for Social Dialogue, Ms. Cristina Mihes stated: “ILO has three conventions on collective bargaining. ILO, as a tripartite organization, promotes bargaining as fundamental. The purpose of bargaining is to arrange the relations between Trade Unions and employers. The C151 on public sector bargaining, and C154, as fundamental, should guide the Government in promoting bargaining. However, employers’ acts exist all around the world and they do not jeopardize collective bargaining”.

Apart from these, additional issues were raised such as statute of limitations for labour-related claims, leaves and wages, on which the CEElex experts shared the experiences from their respective countries, thus helping participants to initiate the brainstorming and elaborate solutions for the Montenegrin context.

As a conclusion, the General Director in the Ministry of Labour and Social Welfare assessed the WS as helpful for the work of the working group, as it responded to many dilemmas they have encountered in their work so far. After the WS, the WG will try to reach a consensus on all the outstanding issues.

Ms. Mihes also expressed the hope that the ILO and CEELEX experts had provided the necessary inputs and encouraged the Government to share the draft Labour Law with the ILO HQ for possible comments and recommendations.