Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Montenegro (Ratification: 2006)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee welcomes the copies of the Law on the Social Council and the Law on the Representativeness of Trade Unions, both adopted in 2018 and transmitted by the Government together with its report. According to section 2 of the Law on the Social Council, the main functions of the tripartite Social Council include the establishment and development of social dialogue on issues of importance for the improvement of the economic and social position of employees and employers and their working and living conditions as well as on other issues arising from international instruments. Moreover, section 7 provides that the Social Council considers and takes positions on, inter alia, issues related to the International Labour Organization (section 7). Section 12 provides that the Social Council holds sessions as needed, and at least once every two months. The Committee further notes the information provided by the Government concerning the tripartite consultations held on matters related to international labour standards during the reporting period. The Government indicates that, following tripartite consultations held within the tripartite Social Council of Montenegro, it issued a recommendation to the Ministry of Economic Development regarding the possibility of initiating the procedure for ratification of the Violence and Harassment Convention, 2019 (No. 190). Accordingly, the Ministry of Economic Development included the preparation of a Bill on the Ratification of Convention No. 190 in its Work Program for 2021. The Government indicates that, in accordance with section 15 of the Law on the Social Council, the draft Bill will be sent for opinion to the Social Council of Montenegro. Moreover, the Government indicates that the Social Council will also be reviewing an analysis made concerning the compatibility of the national legislation with the provisions of the Collective Bargaining Convention, 1981 (No. 154). The Committee notes that the analysis was developed through the project "Improving Labour Market Governance through Effective Social Dialogue through Labour Reforms", in cooperation with the ILO. Lastly, the Committee notes the Government’s indication that tripartite consultations have been held with respect to the questionnaires on Conference agenda items (Article 5(1)(a)); and reports to be presented to the ILO in relation to the application of ratified Conventions (Article 5(1)(d)). The Committee requests the Government to continue to provide updated detailed information on the frequency, content and outcome of tripartite consultations held on all matters concerning international labour standards covered by Article 5(1) of the Convention.

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

Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that, in 2018, Montenegro amended the 2007 Law on the Social Council, aligning it with the Law on the Representativeness of Trade Unions, which regulates the procedure for determining the representativeness of trade unions at all levels in the area of social dialogue. The new Law on the Social Council was adopted in July 2018 by the Montenegrin Parliament and published in the “Official Gazette of the Republic of Montenegro”, No. 44/18. The amendments to the Law are geared toward achieving greater autonomy in the development of social dialogue and tripartism, as well as to strengthening social cohesion in Montenegro. The Government indicates that it aims to fulfil the principles of representativeness, independence, autonomy and non-interference in internal issues of trade unions and employers’ organizations in conformity with, inter alia, ILO labour standards. It adds that the Law on the Social Council also regulates in more detail the work and composition of the Social Council of Montenegro and social councils in municipalities. The Committee welcomes the information provided and requests the Government to provide a copy of the new Law on the Social Council. It nevertheless recalls that the purpose of the procedures required under the Convention are effective tripartite consultations on the matters relating to international labour standards set out in Article 5. The Committee therefore requests the Government to provide updated detailed information concerning the content and outcome of tripartite discussions held in social councils on the matters related to international labour standards within the scope of Article 5(1) of the Convention, specifically relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government provides in its report a detailed description of the different tripartite consultations held in the Social Council of Montenegro regarding international labour standards and other matters. The Committee notes that the Social Council has given a positive opinion on the draft laws for the ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Safety and Health in Construction Convention, 1988 (No. 167). In addition, the ratification of the Maritime Labour Convention (MLC, 2006), was registered on 3 February 2015. The Committee also notes the document “Decent Work Programme for Montenegro for the period 2015–16”, which outlines a strategy of cooperation between the ILO, the Ministry of Labour and Social Affairs and representatives of the social partners in the field of social dialogue, employment, health and safety at work and working conditions. The Committee requests the Government to continue providing information on the content and outcomes of the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report received in August 2012, which includes detailed replies to issues raised in the 2010 direct request. In its previous comments, the Committee noted that the Social Council discussed the perspectives of ratifying the Maternity Protection Convention, 2000 (No. 183), and the Labour Relations (Public Service) Convention, 1978 (No. 151). The Committee notes with interest that the ratification of Convention No. 183 by Montenegro was registered in April 2012. With regard to Convention No. 151, the Government indicates that the Social Council gave a positive opinion to its ratification and forwarded its proposal to the Ministry of Interior, i.e. the Ministry responsible for the matters covered by the Convention, for further evaluation. The Committee invites the Government to continue to provide information on the content and outcome of the tripartite consultations held by the Ministry of Labour and Social Welfare and in the framework of the Social Council on each of the matters listed in Article 5(1) of the Convention.

Article 3. Choosing representatives of employers and workers. In reply to the Committee’s comments, the Government indicates that the Law on trade union representativeness was adopted in 2010. At the moment, requirements for representativeness at the national level are met by the Confederation of Trade Unions and the Association of Free Trade Unions of Montenegro. In accordance with the Law on trade union representativeness and the Law on the Social Council, both trade unions participate in the Social Council. Social partners appoint their representatives in the Social Council in accordance with their acts. The Government further indicates that the only representative of employers is the Employers’ Federation of Montenegro.

Article 6. Working of the consultative procedures. The Government indicates that, after the establishment of the new convocation of the Social Council, harmonization of the necessary by-laws in the field of work of the Council was carried out. In its continued work within the new convocation during 2011, the Council signed the Memorandum of Understanding and Cooperation with the Social and Economic Council of the Republic of Serbia with the aim of strengthening cooperation and sharing experiences in the region. The Committee invites the Government to include in its next report information on the activities of the Social Council on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report received in August 2010, including detailed replies to issues raised in the 2008 direct request (arrangements made to provide training through the ILO Subregional Office for Central and Eastern Europe in accordance with Article 4(2) of the Convention). The Committee also notes the comments supplied by the Union of Free Trade Unions of Montenegro in September 2009 on which the Government commented in December 2009. The Government refers to the activities of the tripartite Social Council which includes the signature, in April 2009, of a memorandum on social partnership in the circumstance of the global economic crisis. The Committee notes that the Ministry of Labour and Social Welfare coordinates the preparation and participation of the national tripartite delegation to the sessions of the International Labour Conference and is charged with replying to questionnaires and the preparation of reports on the application of Conventions. The Committee notes with interest that, at its fifth regular session held in September 2009, the Social Council discussed the perspectives of ratifying the Maternity Protection Convention, 2000 (No. 183), and the Labour Relations (Public Service) Convention, 1978 (No. 151). The Committee invites the Government to continue to provide information on the content and outcome of the tripartite consultations held through the Ministry of Labour and Social Welfare and in the Social Council on each of the subjects listed in Article 5(1) of the Convention, and particularly on the perspectives of ratifying Conventions Nos 183 and 151 (Article 5(1)(c)).

Article 3. Choosing representatives of employers and workers. In reply to the 2008 direct request, the Government indicates that a representative labour organization has not yet been designated. The Committee invites the Government to continue to provide information on the manner in which the representatives of workers are chosen (Article 3(1)).

Article 6. Working of the consultative procedures. In reply to the 2008 direct request, the Government indicates that the first integral report on the activities of the Social Council has not yet been drawn up. A short overview of the matters discussed at each of its sessions as well as proposals and opinions in respect to the agenda are made available after each session of the Council. The Committee invites the Government to continue to provide information on the reports made by the Social Council on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. Article 2 of the Convention. Effective tripartite consultations. The Committee notes the information supplied in the Government’s first report on the application of the Convention received in September 2008. The Government refers to discussions amongst the social partners in the context of the Social Council, which is composed of representatives of the Government of Montenegro, authorized trade union organizations and authorized association of employers. The Committee notes that, by article 2 of the Law on the Social Council, the Social Council was founded to, inter alia, encourage engagement in issues derived from the international documents that relate to the economic and social status of the employees and employers. The Committee requests the Government to provide further information in its next report on the operation of the tripartite consultations on international labour standards including further details of the activities of the Social Council on matters covered by the Convention.

2. Article 5. Tripartite consultations required by the Convention. The Government indicates in its report that following its acceptance of the ILO Constitution on 14 July 2006, the Government has initiated intensive activities aimed at identifying the needs of Montenegro in respect of the ratification of the ILO Conventions. The Government indicates that following a series of meetings and workshops with representatives of the social partners, an agreement was reached to assume, by means of succession, 69 Conventions, including all fundamental and priority Conventions. The Committee invites the Government to indicate how effect is given to the tripartite consultation required on the questionnaires concerning items on the agenda of the International Labour Conference, the proposals on the instruments adopted by the Conference to be submitted to the competent authorities and the reports to be provided on the application of ratified Conventions as required under Article 5, paragraph 1(a), (b) and (d), of the Convention. Please also indicate the frequency of consultations held in this regard and the nature of any reports or recommendations made as a result thereof (Article 5, paragraph 2, of the Convention).

3. Article 4, paragraph 2. Training. The Committee asks the Government to provide information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures.

4. Article 6. Working of the consultative procedures. The Committee asks the Government to indicate whether consultations have been held, with the representative organizations, on “the working of the procedures” provided for under the Convention and, if so, to give particulars of the decisions adopted. Please supply copies of any reports issued by the Social Council on the matters covered by the Convention.