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

Paid Educational Leave Convention, 1974 (No. 140) - Montenegro (Ratification: 2006)

Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid education leave. Application of the Convention in practice. The Committee notes the Government’s report, which includes information disaggregated by sex regarding participation in training seminars held in 2014 and 2015. The Committee further notes the observations of the Montenegrin Employers Federation (MEF) communicated together with the report, replying to observations made by the Union of Free Trade Unions of Montenegro (UFTUM) which were communicated together with the Government’s report in 2014. The MEF indicates that there is no precise data on how many enterprises in Montenegro invest in the professional development of their employees; however, an analysis of the training needs of small and medium-sized enterprises (SMEs) in the Western Balkans and Turkey, conducted by the South East European Centre for Entrepreneurial Learning (SEECEL) in 2011 concluded that 52 per cent of the surveyed enterprises in Montenegro had organized trainings internally, compared with 5 per cent of companies that hired experts from outside. According to employers surveyed, the trainings were organized with the objective of contributing to the competitiveness of enterprises. The MEF adds that, based on its internal data, large and medium enterprises invested significant resources into developing their human resources, primarily in four areas: information and communication technology (ICT); accounting and auditing; occupational safety; and language training (English and Russian). The MEF indicates that a review of the trainings it organized in 2014–15 showed that employers provide paid leave for their employees for training on union, general, social and civic education, in accordance with section 38 of the Montenegrin Labour Act. In this context, the Committee notes that section 38 of the Act does not address training for purposes of union, general, social and civic education, but requires employers to provide education, vocational training and development when required by the needs of the working process, the introduction of a new manner of work organization, and particularly when new methods in organization and technology of work are introduced and applied. The Committee notes that paragraphs 1 and 2 of section 38 could limit the right of employees to paid educational leave within the meaning of Article 2 of the Convention, as section 38 contemplates the provision of vocational training and development only in relation to the employee’s capacities and the needs of the working process. In this regard, the Committee recalls that Article 2 of the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purposes specified therein. The Committee therefore reiterates its request that the Government communicate information on the policy and measures taken or envisaged – in consultation with the representative employers’ and workers’ organizations – to promote the granting of paid educational leave for the purpose of occupational training at any level (Article 2(a)); general, social and civic education (Article 2(b)); and trade union education (Article 2(c)). The Committee also once again reiterates its request that the Government provide extracts of the relevant collective agreements together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers granted paid educational leave (Part V of the report form). It further requests the Government to indicate the authority or authorities responsible for ensuring the implementation and monitoring of the legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced (Part III of the report form).