Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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. In response to the Committee’s previous comments, the Government indicates that the implementation of education, vocational education and training of employees regulated by labour law, the general collective agreement and collective agreements referring to specific branches of activity, is supervised by labour inspection. It adds that the labour law contains a general provision on the granting of paid leave for vocational education, and that special collective agreements determine the manner in which the leave is granted and the manner in which it is used, depending on the training or educational activity. The Government indicates that it is formulating a new draft labour law to harmonize its labour legislation with European Union requirements and with the provisions of ILO Conventions ratified by Montenegro, as well as with ILO recommendations. The Committee notes that, to this end, a working group has been established, composed of representatives of the social partners (trade unions and associations of employers), the Ministry of Labour and Social Welfare, the Ministry of Finance, experts and the non-governmental organizations (NGOs). This working group developed a new draft law which stipulates, in article 88, that an employee shall be obliged, in accordance with his or her abilities and the needs of the working process, to be professionally trained and improve his or her work, and that the costs of vocational education and training shall be borne by the employer as well as by other sources, in accordance with the law and the relevant collective agreement. In this regard, the Committee recalls that paragraph 14 of the Paid Educational Leave Recommendation, 1974 (No. 148), states that workers should be free to decide on the education or training programmes in which they wish to participate. The Government adds that the proposal envisages that vocational training would be carried out, as a rule, during working hours, unless the employer and employee agree otherwise. It adds that the text of the new draft labour law was sent to the European Commission and the ILO for comments. In this context, the Committee notes that article 88 of the proposed draft does not address training for purposes of union, general, social and civic education, but calls for employers to provide vocational education and training when required by the needs of the working process. The Committee notes that this could limit the right of employees to paid educational leave within the meaning of Article 2 of the Convention. 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 Government further indicates that section 56(1) of the General Collective Agreement stipulates that the employer is required to grant paid leave to a representative of a trade union who does not pursue a full-time union activity on the basis of a written notice, at least three days prior to his/her absence, inter alia, for the purpose of attending trade union seminars and courses in the country and abroad. The Government adds that, considering the importance of education on union membership, the Union of Trade Unions of Montenegro, in article 48 of its articles of association, envisages the possibility of establishing an education committee charged with the implementation of the union training programme. Moreover, article 11(1)(5) stipulates that a trade union member has, inter alia, the right to union education and training. In this regard, in the autumn of 2000, the Union of Free Trade Unions of Montenegro put into operation a trade union school in Kotor, where the training of members will be carried out and which is one of its future priorities. The Committee hopes that the Government will take adequate steps to align the draft labour law with the Convention particularly to ensure that paid educational leave for trade union education is available independent of programmes carried out by the trade unions. It requests the Government to provide information on any developments and to provide a copy as soon as it is adopted. It requests the Government to continue to communicate information on 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; general, social and civic education; and trade union education. The Committee 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. It further requests the Government to provide information on the impact of the measures adopted to promote paid educational leave for trade union education and to indicate by what methods the labour inspection supervises and enforces the implementation and monitoring of the legislation and administrative regulations.