Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Montenegro (Ratification: 2006)

Article 2 of the Convention. Right of employers and workers to establish organizations of their own choosing without previous authorization. Employers’ organizations. The Committee had previously requested the Government to indicate whether the Law on Strikes of 2015 referred to a specific organization of employers, such as the “Chamber of Commerce” or rather contained a neutral reference to the most representative employers’ organization. The Committee notes with interest that the Law, a copy of which has been provided with the Government’s report, does not refer to a specific organization and instead refers to the representative association of employers (sections 12, 23 and 31 of the Law).

Article 3. Right of workers’ and employers’ organizations to draw up their constitutions and rules. The Committee had previously requested the Government to specify any legislative or other provisions concerning the content of constitutions and rules of employers’ and workers’ organizations. The Committee notes that the Government refers to section 4 of the Rulebook on the registration of trade union organizations, which requires the submission of the statute or rules of the organization and its methods of work but does not prescribe the content of these documents.

Right of workers’ and employers’ organizations to elect their representatives in full freedom. The Committee had previously noted that section 157(2) of the Labour Law provides that a trade union may appoint or elect one trade union representative who will represent it, and requested the Government’s clarification in this respect. The Committee notes the Government’s indication that trade unions are regulated by by-laws that may provide, in addition to one trade union representative who is registered in the Register, for other trade union representatives. The Committee takes due note of this information.

Right to organize activities in full freedom. The Committee notes that section 18 of the Law on Strikes of 2015 provides that police, employees of state bodies and the public service can organize a strike in a way that will not endanger national security, safety of persons and property and the general interest of citizens, as well as the functioning of government authorities. In such occupations, minimum services, as determined by tripartite partners must be ensured (sections 22 and 23). Section 18 also provides that the assessment as to whether the organization of the strike endangers the general interest of citizens and functioning of government authorities shall be given by the state authority responsible for national security, within 24 hours of the announcement of the strike. In this respect, section 19 lists certain activities of public interest the interruption of which could endanger, among others, the general interest of citizens. The Committee notes that the listed services appear to be either essential services in the strict sense of the term or services of fundamental importance. Concerning the assessment by the state authority responsible for national security referred to in section 18, the Committee recalls that the responsibility for declaring a strike illegal should not lie with the Government authorities, but with an independent body that has the confidence of the parties involved. The Committee therefore requests the Government to take the necessary measures to amend the Law on Strikes in consultation with the social partners so as to ensure that responsibility for declaring a strike illegal rests with an independent body that has the confidence of the parties involved.

Article 4. Dissolution and suspension by administrative decision. The Committee had previously noted that pursuant to section 10(3) of the Rulebook on the registration of trade union organizations, a trade union organization shall be deleted from the register if the registration was based on inaccurate data from the applicant or on the application of an unauthorized person and requested the Government to indicate whether such decisions to cancel trade union registration are taken by an administrative authority, and if so, if an appeal can be lodged against such a decision. The Committee notes the Government’s indication that an appeal against the decision on the deletion of a trade union organization from the register may be made pursuant to the Law on General Administrative Procedure, and an administrative dispute may be initiated against this decision in Administrative Court within 30 days from the date of submission. The Committee requests the Government to indicate if an appeal, made pursuant to the Law on General Administrative Procedure, of a decision to delete a trade union organization from the register (pursuant to section 10(3) of the Rulebook on the registration of trade union organizations), has suspensive effect.