Montenegro - 2012

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Population: 631,000
Capital: Podgorica
Anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

 remains a serious problem, including dismissals of active trade union members. At least 11 workers were dismissed while on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . Military personnel, who have the right to organise, faced anti-union pressure.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)

reported violations - 2012

Documented violations - actual number of cases may be higher

Background

Five years after independence, the question of national identity and relations between citizens of Montenegrin and Serbian origin remained an issue. In August 2011, the opposition threatened to boycott boycott A collective refusal to buy or use the goods or services of an employer to express disapproval with its practices. Primary boycotts are used to put direct pressure on an employer, while a secondary boycott involves the refusal to deal with a neutral employer with the view of dissuading it from patronising the target employer. the parliament and conditioned its support for electoral reform, one of the conditions for further progress in EU accession, and granting the equal status to both the Montenegrin and Serbian languages. Parliament adopted a compromise by granting equal status to Montenegrin-Serbian, Croatian and Bosnian. In December, the European Council set June 2012 as a target date for opening accession negotiations with Montenegro, providing the country, among other conditions, achieves further progress in tackling corruption and organised crime.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 631,000
Capital: Podgorica

reported violations- 2012

Documented violations - actual number of cases may be higher

Trade union rights in law

Although the Labour Code provides for basic trade union rights, it contains excessive restrictions. The 2007 Constitution and 2008 Labour Law recognise the right to form and join trade unions, and the Law on Civil Servants and State Employees grants that right to said categories of workers.

Collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is hampered by the fact that only the most representative unions, that is unions with the largest membership, can be parties to collective agreements.

Furthermore, the law stipulates that the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike may be limited for persons employed in state bodies and public service on grounds of protecting the public interest. A minimum service minimum service The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.

See Guide to the ITUC international trade union rights framework must also be established in a number of services following consultations with representative trade unions. Albeit the 2005 Law on Strikes improved the situation, the employer can still decide on the minimum service minimum service The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.

See Guide to the ITUC international trade union rights framework unilaterally if negotiations with the union fail

Additional information regarding the legislation
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 631,000
Capital: Podgorica

reported violations - 2012

Documented violations - actual number of cases may be higher

In practice

Anti-union discrimination: Dismissals, demotions and discrimination of trade union activists are not uncommon. The right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is often limited in practice, and trade unionists face reprisals including threats of dismissals for their union activism. Restrictive laws on strikes and highly flexible employment relations amplify the problem. As a result, most of the strikes occur only after months of unpaid wages, usually in the companies already facing bankruptcy.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 631,000
Capital: Podgorica

reported violations - 2012

Documented violations - actual number of cases may be higher

Violations

Dismissed while on strike: In Tei Mont, in Nikšić, 11 out of 14 workers went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike on 8 November 2010 due to unlawful reduction in salaries up to 50%, in spite of company’s good financial performance. During the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , the employer dismissed five striking workers. On 4 February 2011, the company brought in two workers from Serbia to replace the workers on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . Although the Labour Inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. warned new workers they were not allowed to perform work for the company, they ignored the warning and continued to work for next three days. The dismissed workers sued the company. The court ruled that the employer should reinstate all workers and pay all unpaid salaries.
International union action against Deutsche Telekom: Workers at Crnogorski telekom, in Podgorica, a subsidiary of Deutsche Telekom, went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike on 15 March 2010 in protest at violations of their collective agreement. The employer unilaterally imposed a requirement for the majority of employees to work despite the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , prohibited them from wearing badges or other symbols of solidarity and brought in strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike breakers from two other companies. On 7 July 2011, the German union ver.di, Communication Workers of America and UNI Global Union filed a complaint with the OECD contact point, describing Deutsche Telekom’s anti-union activities in the US and Montenegro which violated the OECD Guidelines for Multinational Enterprises and company’s own published commitments to labour standards. The complaint stated that Crnogorski Telekom hindered the free exercise of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
and completely undermined the effectiveness of the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike during March 2010 events.
Anti-union discrimination in the Montenegran Army:

After changes to the Law on the Army which granted trade union rights to military personnel in December 2009, two military trade unions were founded in October and November 2010; namely the SOVCG and the SVCG.

SOVCG has reported that the Army began to exert anti-union pressure immediately after the union was founded, resulting in members leaving the union. According to SOVCG, the union was denied contact with their members during meal breaks, the contracts of army personnel who joined the union were not extended, and for one soldier appointment to a mission in Afghanistan depended on his leaving the union.

On 23 March, captain Rajko Bulatović, during a briefing on a patrol ship in Bar, accused the union of undermining the chain of command, stated that the army did not need a union and urged his subordinates to leave the union. The audio recording of the speech was later published in the media. Also in March, the Ministry of Defence initiated disciplinary proceedings against SOVCG President, Nenad Čobeljić, due to his media statements. The Ministry invoked the provision of the Law on the Army whereby army personnel are not allowed to speak in the media without the prior consent of a superior officer. Čobeljić argued he was as a union leader, pointing out the problems faced by military personnel, including trade union discrimination, and alleged malpractices in allocating military accommodation. On 29 November, Defence Minister Boro Vučinić ordered Čobeljić to be removed from his position as the Head of Department for Operations and Training in the Logistical Base of the Army of Montenegro.

Court orders not respected: The construction company Novi Prvoborac, in Herceg Novi, has refused to bargain collectively, violated the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike and unlawfully dismissed workers, including trade union leaders, since 2008. By the end of 2010, the courts had overruled a total of 71 dismissals on the grounds that they were unlawful. Some of the workers were eventually reinstated in 2011, but only on one-month contracts instead of the open-ended ones they previously had, and not in Novi Prvoborac but in a susidiary company Kamen Beton. Thirteen such workers went on hunger strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in June. On 30 July, the Basic Court in Herceg Novi ruled that the employer had to compensate unpaid salaries for 40 dismissed workers, for the period between the date of their unlawful dismissal and the court ruling against it, in total an amount of around 400,000 EUR. Given that the company filed for bankruptcy in October however, it remains unclear when, and where from, the workers will get their compensation.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 631,000
Capital: Podgorica

reported violations - 2012

Documented violations - actual number of cases may be higher
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