Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous request, the Committee noted that, while the Labour Law 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. The Committee notes the adoption of the new Labour Law in 2020 and that section 99 provides for the principle of equal remuneration for work of the same value. However, the Committee notes with regret that sections 99(1) and 99(2) have the same wording as the previous sections 77(1) and 77(2) of the Labour Law 2011. The Committee therefore once again recalls 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 (see General Survey on the fundamental Conventions, 2012, paragraphs 673, 675, and 677). The Committee urges the Government to take the necessary steps to amend the Labour Law of 2020 in order to give full legislative expression to the principle of the Convention, and to ensure that comparison between the value of jobs or occupations can involve different employers and also different types of skills, responsibilities or working conditions that nevertheless are of equal value. 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.