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Montenegro - Voies de recours et procédure contentieuse en cas de litiges individuels


Voies de recours et procédure contentieuse en cas de litiges individuels - Montenegro - 2017    

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Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • New in Dec. 2011: While there were no provisions on compensation in the 2008 LL, the amendments passed in December 2011 introduced new rules on compensation to be awarded to an employee in the event of unfair and unlawful dismissal (Art. 143(4)(5)(6) LL. (see below)

Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie) :
In the event of unlawful or unjustified dismissal, the employee shall be entitled to a compensation of financial and non-financial damage in addition to reinstatement, as follows:
- Compensation for financial damages amounts to the lost wages and other income the employee would have received if she/he had been employed and the contributions for mandatory social insurance. Earnings realized by the employee based on the employment contract upon termination of employment shall be deducted by the aforementioned amount for mandatory social insurance.
- In addition, the Court may award compensation for non-pecuniary damages if its rules that dismissal resulted in violation of the employee's rights of personality, honour, reputation and dignity, the amount of which shall be freely determined by the Court.

Remarks:
  • Article 143d(3)(4)(5) LL. Those articles have been introduced into the Labour Law by the amendments adopted in December 2011.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 143d LL
    New in Dec. 2011: While there was no statutory provision on reinstatement in the 2008 labour law, the 2011 amendments introduced reinstatement as the primary remedy for reinstatement. According to article 143d(3) LL "if the competent body determines that the dismissal was carried out without legal or justifiable grounds, whether prescribed by an act of the employer or agreed by the employer in the contract of employment, the employee shall be entitled to return to work, as well as to a compensation of financial and non-financial damage in a procedure prescribed by the law".

Conciliation préalable obligatoire: Non

Courts ou tribunaux compétents : juridiction ordinaire

Remarks:
  • Art. 143d LL:
    Within 15 days from the date of the receipt of the dismissal decision, an employee may challenge that decision before the competent. Alternatively, he/she can challenge it before the Agency for Amicable Settlement of Labour Disputes.
    There are no specialised labour courts in Montenegro; labour disputes are heard by ordinary courts.

    Note: following the 2011 amendments, with regard to the competent court, the relevant article number has changed but not its content (with the exception of the inclusion in this article of the possibility to submit the dispute to the Agency for Amicable Settlement of Labour Disputes (see below under arbitration)

    With respect to the burden of the proof in dismissal disputes, there was no provision in the 2008 LL. The 2011 amendments introduced a new, the 2011 amendment introduced a new provision (art. 143d(2) according to which the burden of proving that the grounds of dismissal are justified and lawful rests on the employer.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • Art. 143d LL (new in December 2011):
    Within 15 days from the date of the receipt of the dismissal decision, an employee may challenge that decision before the competent. Alternatively, he/she can challenge it before the Agency for Amicable Settlement of Labour Disputes.

    [New in 2011: The possibility to settle dismissal disputes through the Agency for amicable settlement of labour disputes has been introduced in December 2011. In the 2008, there was only a reference in art. 121(1) LL to the possibility of submitting individual labour disputes to an arbitrator.]