Maternity Protection Convention, 2000 (No. 183) - Montenegro (Ratification: 2012)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Health protection. Further to its previous request on the measures in place for the health protection of pregnant and breastfeeding women, the Committee notes the indication by the Government in its report that, pursuant to sections 14–17 of the Act on Health and Safety at Work of 2014, employers are required to take measures to prevent and eliminate workplace risks related to the safety and health of pregnant and breastfeeding women, including the assessment of workplace risks. The Committee further notes, and welcomes, the adoption in 2020 of the Rulebook on measures of safety and health at work that lists dangerous physical, biological, and chemical agents as well as working conditions to which pregnant and breastfeeding women shall not be exposed (section 8). The Committee takes due note of this information.

Article 6(2)(6). Adequate benefits out of social assistance funds. In its previous comments, the Committee requested the Government to provide information on the sufficiency of the benefits provided under the Act on Social and Child Protection to ensure the maintenance of the mother and her child in proper conditions of health and with a suitable standard of living.

The Committee observes from the information provided by the Government that the monthly amount of financial support for a family with two members is equal to EUR 76.20 and the monthly amount of child allowance is EUR 19 for a beneficiary of financial support (sections 31(2) and 44(1) of the Act on Social and Child Protection). In addition, according to the Government, a lump-sum payment of EUR 130.88 is provided for a new-born child to women with low or no income. The Committee therefore observes that the total amount of the benefits paid to women who do not qualify for social insurance maternity benefit during the statutory maternity leave of 14 weeks is equal to EUR 416.48 or EUR 138.82 per month. The Committee observes that this amount is below the national absolute poverty line, which corresponded to EUR 186.45 per person per month in 2013 (the latest available data, according to the Statistical Office of Montenegro). In view of the above, the Committee requests the Government to provide information on any additional cash benefits provided to women workers who do not qualify for social insurance maternity benefits, in case of maternity or in respect of their children, to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.

Article 6(7). Medical care benefits. Further to its previous request on maternity medical care benefits, the Committee takes due note of the Government’s indication that, pursuant to section 19(1)(2) of the Act on Compulsory Health Insurance, women are exempted from making co-payments during pregnancy, childbirth and one year after delivery.

Article 8(1). Burden of proof in case of illegal dismissal. Further to its previous request on the burden of proof in case of dismissal of pregnant and breastfeeding women, the Committee takes due note of the provisions of section 142(4) of the Labour Act, according to which the burden of proving the existence of a just cause for the termination of the employment contract shall rest with the employer.

Article 10(2). Breastfeeding breaks. Further to its previous request on nursing breaks, the Committee takes due note that, pursuant to section 129 of the Labour Act, an employed woman is entitled to nursing breaks for two hours per day until a child reaches the age of one year and that the nursing breaks count as working time.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Health protection. The Committee notes that the Government adopted the Proposal for a Law on Health and Safety at Work, which is currently before the Parliament and wishes to be informed of any further development in this respect.

Article 6(6). Adequate benefits out of social assistance funds. The Committee takes note of section 31 of the Law on Social and Child Protection which defines the monthly amount of financial support, as well as of section 44 which defines the monthly amount of child allowance to be paid to families (taking into account the composition of the family). The Committee requests the Government to indicate whether these amounts are sufficient to ensure the maintenance of the mother and her child in proper conditions of health and with a suitable standard of living.

Article 6(7). Medical benefits. The Committee requests the Government to confirm that medical benefits provided for in the 2004 law on health insurance are free of charge.

Article 8(1). Burden of proof in case of illegal dismissal. Please indicate the legal provision ensuring that the burden of proving that the reasons for dismissal are unrelated to pregnancy or childbirth and its consequences or nursing rests on the employer.

Article 10(2). Breastfeeding breaks counted as working time and remunerated accordingly. Please indicate the legal provision ensuring that the nursing breaks provided for by section 111(a)(2) of the Labour Code are counted as working time and remunerated accordingly.