Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Termination of Employment Convention, 1982 (No. 158) - Montenegro (Ratification: 2006)

The Committee notes the Government’s first report on the application of the Convention, received in November 2011. It also notes the amendments to the Labour Law adopted in November 2011 and the English version of the consolidated Labour Law kindly supplied by the Government to the ILO Office in Budapest. The Committee invites the Government to provide information on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the Agency for Peaceful Settlement of Labour Disputes and of the courts (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons (Parts IV and V of the report form). The Committee would also welcome receiving further clarification with respect to the application of the Convention, as detailed below.

Article 2(4) and (6) of the Convention. Exclusions. The Government indicates that foreigners with temporary residence in Montenegro who are employed for a specified period of time, in accordance with the Law on employment and work of foreigners, are exempted from the scope of the Convention. The Committee invites the Government to provide in its next report information on the number of workers excluded from the protection afforded by the Convention and any changes that may have occurred in law and practice regarding foreign workers with temporary residence in Montenegro.

Article 11. Serious misconduct. The Committee notes that, according to section 143 of the Labour Law, the employer may not respect the period of notice in case of the worker’s failure to comply with the employment obligations or the impossibility to continue working with the worker due to his/her conduct. The Committee invites the Government to provide information on cases where the worker was found guilty of serious misconduct.

[The Government is asked to reply in detail to the present comments in 2014.]