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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Montenegro (Ratification: 2006)

Article 1 of the Convention. Legislation. The Committee notes with interest the adoption of the Law on the prohibition of discrimination (Anti-Discrimination Law) on 28 July 2010, which defines and prohibits direct and indirect discrimination on the grounds of race, colour, national affiliation, social or ethnic origin, affiliation to a national minority, language, religion, political opinion, gender, gender identity, sexual orientation, health status, disability, age, financial status, marital or family status, membership of a group or assumed membership of a group, political party or other organization, as well as other personal characteristics (section 2), thus covering all the grounds enumerated in Article 1(1)(a) of the Convention, as well as a number of additional grounds pursuant to Article 1(1)(b). According to section 16, discrimination in employment includes, in addition to the cases stipulated under the laws governing labour and employment, payment of unequal wages or remuneration for work of equal value based on any of the grounds referred to in section 2. Section 20 establishes a category of “grave forms of discrimination”, which include multiple discrimination and repeated and extended discrimination. The Anti-Discrimination Law also contains provisions on court proceedings and the role of inspection, and establishes penalties for acts of discrimination. The Committee notes further that the 2010 Law broadens the scope of the competencies of the Protector of Human Rights and Freedoms (Ombudsperson), and that the Ombudsperson’s mandate is further regulated by a specific law, adopted on 24 July 2011. The Committee asks the Government to provide information on the application in practice of the Anti-Discrimination Law of 2010, and on the measures taken, in cooperation with the social partners, to promote and ensure the observance of the national legislation on non-discrimination, and to promote equality in employment and occupation.

Restrictions on women’s employment. The Committee recalls its previous comments in which it noted that section 104 of Labour Law No. 49/08, which provides that “an employed woman … shall not work in a job position with prevailing hard physical labour, works under ground or water, or a job involving tasks that can have detrimental effect on and an increased risk for [her] health and life”, may give rise to violations of the principle of equality of opportunity and treatment. The Committee draws the Government’s attention to the fact that protective measures for women should be limited to the protection of maternity in the strict sense, and that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraphs 838–840). The Committee once again asks the Government to take the necessary measures to revise section 104 of Labour Law No. 49/08 with a view to ensuring that restrictions on women’s employment are limited to maternity in the strict sense, and to provide information on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.