Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 educational leave. Application of the Convention in practice. In its report, the Government once again indicates that the application of labour law provisions governing the use of paid leave for the purpose of vocational education and training of employees is supervised by labour inspection. The Government further indicates that the new labour law is to be adapted to the requirements of European Union (EU) law, but that this has not yet been completed. The Committee notes that the new draft labour law stipulates that paid leave for educational purposes is determined through negotiations within the tripartite working group established under the legislation, and provides that the employee is required to be trained and skilled to work in accordance with his or her abilities and the needs of the work process. The costs of such training are borne by the employer. In this regard, the Committee recalls once again 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 new draft labour law envisages that training be carried out, as a rule, during working hours, unless the employer and employee agree otherwise. The Committee recalls that, in its previous report, the Government indicated that 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. The Committee notes that the Government has not provided the information requested with respect to the practical application of the Convention, nor has it provided information on the methods used by the labour inspection to monitor compliance with the labour law provisions governing the use of paid educational leave. The Committee therefore reiterates its hope that the Government will take adequate steps to align the new 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 once again requests the Government to provide a copy of the new draft labour law as soon as it is adopted, as well as 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 (Article 2(a)); general, social and civic education (Article 2(b)); and trade union education (Article 2(c)). In addition, the Committee reiterates its request that the Government provide information on the methods by which labour inspection supervises and enforces the application of the labour law provisions governing the use of paid leave for the purposes contemplated in Article 2 of the Convention, and to provide information on the number of inspections, the violations detected and the sanctions imposed (Part III of the report form). The Committee also once again requests 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, disaggregated by sex and age, on the number of workers granted paid educational leave (Part V of the report form).