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

Equal Remuneration Convention, 1951 (No. 100) - Montenegro (Ratification: 2006)

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous request, the Committee noted that, while the Law on Amendments to the Labour Act of 2011 explicitly provides, in section 77(2), for the principle of equal remuneration for work of equal value by guaranteeing each employed man or woman an equal wage for equal work or work of the same value performed with an employer, section 77(3) of the same Law continues to limit the concept of work of equal value to the same level of education, or professional qualifications, responsibility, skills, conditions and results of work. The Committee also drew the Government’s attention to the fact that the expression “with an employer” in section 77(2) of the Labour Law limits the application of the principle of equal remuneration to workers employed by the same employer. It had asked the Government to take the necessary steps so as to ensure that the legislation provides for equal remuneration not only between men and women workers undertaking the same or similar work, but also where men and women perform different work (including under different conditions and even in different establishments) that is nevertheless of equal value in its totality. In its report, the Government indicates that the Committee’s comments on the concept of work of equal value, in particular section 77 of the Labour Law, will be considered by the tripartite Working Group established for the revision of the new Labour Law, which is envisaged under the Action Plan for negotiating Chapter 19 on social policy and employment and scheduled for adoption in the last quarter of 2017. The Committee wishes to draw the Government’s attention to the fact that the concept of work of equal value entails comparing the relative value of jobs or occupations that may involve different types of skills, responsibilities or working conditions that nevertheless are of equal value in its totality (see General Survey on the fundamental Conventions, 2012, paragraphs 673, 675, and 677). Consequently, the Committee urges the Government to seize the opportunity presented by the current revision of the Labour Law to amend section 77 so as to give full legislative expression to the principle of the Convention. It also requests the Government to provide information on all measures taken to this end.

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