Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Montenegro (Ratification: 2006)

Article 3(1) of the Convention. Duration of annual holiday with pay. The Committee notes the latest amendments that were introduced to the Labour Law in 2011 (Official Gazette No. 59/2011 of 14 December 2011), in particular section 65(1) which now provides for an annual paid leave of not less than 20 working days.

Article 7(2). Payment of holiday pay in advance. The Committee notes the Government’s reference to section 82 of the Labour Law and section 21 of the General Collective Agreement which provide that an employee is entitled to 100 per cent of his/her remuneration in cash, during his/her annual paid holidays. However, as the Committee has pointed out in its previous comment, there is no provision specifying that the holiday remuneration must be paid in advance, as required by Article 7(2). The Committee therefore once again requests the Government to take appropriate steps in order to give full effect to this requirement of the Convention.

Article 11. Right to annual holiday in case of termination of the employment contract. The Committee notes that section 70 of the Labour Law provides for the right to an annual holiday for an employee whose contract of employment has been terminated due to a transfer to another employer or due to retirement. The Committee also notes that section 71(1) provides that an employee who did not use the right to an annual holiday or used it partially due to an employer’s fault is entitled to compensation for damage. The Committee wishes to recall, in this respect, that Article 11 seeks to guarantee that holiday rights are acquired irrespective of the grounds on which the employment relationship may have been terminated. The Committee therefore requests once again the Government to clarify how it is ensured, in law and in practice, that an employed person receives in all cases of termination of employment – and not just in the case of termination due to retirement, transfer to another employer, or an employer’s fault – a holiday with pay proportionate to the length of service, or monetary compensation, or holiday credit, as prescribed by Article 11 of the Convention.