Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Articles 1 and 2 of the Convention. Addressing the gender pay gap. Further to its previous comments, the Committee notes the Government’s indication that the Gender Equality Index for Montenegro has been published for the second time, in 2023. It also notes the publication of a report entitled The Gender Pay Gap in Montenegro: A statistical update and policy implications (ILO, 2023), which contains detailed information and statistics about the gender pay gap in the country. The report finds that: (1) there are important gender gaps in employment in Montenegro, with women having substantially lower employment and labour force participation rates than men; (2) female wages are, on average, 20 per cent lower than male wages; and (3) most of the gender pay gap cannot be explained by differences in observable characteristics between men and women. Rather, the evidence points to the influence of other factors: (1) Women’s careers tend to be interrupted due to their higher share of care responsibilities for both children and other family members; (2) Women earn, on average, less than men even when employed in the same occupation and even if they have, on average, higher educational attainments; and (3) On average, male-dominated occupations are associated with higher wages. The report suggests possible areas of policy intervention with the aim of reducing the gender pay gap, including: (1) interventions to promote equal pay for work of equal value; and (2) policies to increase female labour force participation (promoting a more equal sharing of care responsibilities between men and women; improving the coverage and quality of childcare services). The Committee further notes the Government’s indication that the Labour Law will be amended to improve parental leave provisions and add a new paternity leave entitlement. The Committee also notes that the Decent Work Country Programme 2024–27 includes an outcome on new mechanisms to promote gender equality which refers to the provision of ILO technical advice to close the gender pay gap in areas such as gender-neutral job evaluations, collective bargaining and care policies for better work-life balance, in coordination with relevant national entities. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap in the country and on the results achieved to this end.

Minimum wages. Noting that a uniform national minimum wage system helps to raise the earnings of the lowest paid, where women predominate, and therefore has an influence on reducing the gender pay gap, the Committee welcomes the minimum wage increase of 2021 (from €250 beginning on 1 October 2021 to €450 beginning on 1 January 2022).

Collective agreements. The Committee notes the information provided by the Government on the sharp increase in the registration of individual collective bargaining agreements, as a result of a provision prescribing that individual collective bargaining be registered with the Ministry of Labour and Social Welfare (8 collective agreements were registered in 2021, 16 in 2022, and 38 in 2023). The Committee requests the Government to provide samples of clauses in registered agreements that would apply the principle of equal remuneration between women and men for work of equal value.

Enforcement. The Government reports that labour inspectors found irregularities regarding equal wages for work of equal value in three cases. However, no cases were recorded by the Agency for Peaceful Settlement of Labour Disputes, the Ombudsman, or the courts. The Committee notes that, in that regard, the Government indicates that intensive activities are currently being undertaken to improve the information system of the judiciary and that it is expected that future reports will be based on more reliable data. The Committee requests the Government: (i) to indicate the steps taken to raise awareness of the social partners and the general public concerning the relevant legislation; (ii) to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of unequal pay; and (iii) to ensure that the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please provide information on the measures taken in this regard.