1. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 2– Freedom of Movement for Workers Bilateral screening: Chapter 2 PRESENTATION OF MONTENEGRO Brussels, 7 June 2013

2. Chapter 2: Freedom of Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS EQUAL TREATMENT FOR EU NATIONALS WHILE EMPLOYED IN MONTENEGRO AND THEIR EXERCISE OF THE LABOUR LIGHTS Slavica Vučurović Independent Advisor for Labour Market and Employment Ministry of Labour and Social Welfare slavica.vucurovic @ gov.me

3. Chapter 2: Freedom of Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS CONTENT: 3.1. Equal treatment, the conditions of work, hiring and dismissal, professional education and other rights 3.2. Employment in public administration 3.3. Availability of housing 3.4. Access to education for migrant children 3.5. Knowledge of Montenegrin language 3.6. Membership in labour unions 3.7. The right to tax and social benefits

4. Chapter 2: Freedom of Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM OF MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS Relevant acquis Treaty on the Functioning of the EU (Article 45) EU Regulation 492/2011 on freedom of movement for workers within the Union Montenegrin legislative framework The Constitution of Montenegro ("Official Gazette of Montenegro", no. 1/2007); Employment Law and Rights of unemployment insurance ("Official Gazette of Montenegro", No. 14/10 and 45/12); The Law on Employment and Work of Foreigners ("Official Gazette of Montenegro", No.22/08, 32/11); Foreigners Law(Official Gazette of Montenegro No.82/08, 72/09, 32/11, 53/11); Labour Law ("Official Gazette of Montenegro", No.49/2008, 26/2009 and 59/2011); Adult Education Law("Official Gazette of Montenegro No.20/11

5. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS The Constitution of Montenegro - General prohibition of discrimination Employment Law and Rights of Unemployment Insurance - is based on the following principles: 1) freedom of choice of occupation and workplace; 2) non-discrimination; 3) gender equality; 4) affirmative action aimed at disadvantaged persons; 5) the impartiality of the leading factor of employment; 6) employment gratuity.

6. Chapter 2: Freedom of Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM OF MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS The right to benefits from unemployment refers to Montenegrin citizens and foreigners with a personal work permit (approval of permanent residence). The law is partially harmonized with the EU acquis as it relates to Montenegrin citizens and foreigners with permanent residence. To comply with this Agreement Montenegro by the date of accession to the EU is to make the necessary changes and amendments of the Employment Law and prepare provisions that will apply to EU citizens.

7. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS The Labour Law prohibits direct and indirect discrimination of persons seeking employment or employees in respect of sex, origin, language, race, religion, colour, age, pregnancy, medical condition, disability, ethnicity, marital status, family commitments, sexual orientation, political or other opinion, social origin, property, membership in political and trade union organizations or other personal characteristics. It also applies to employees foreign citizens and stateless persons who work for the employer in the territory of Montenegro.

8. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS Labour Law - prohibition of discrimination in relation to: terms of employment and selection of candidates for a specific job; conditions and all employment rights; education, training and development; promotion; termination of employment. The provisions of the labour contract defining discrimination are invalid. A person seeking employment, or an employee, may institute proceedings in a competent court in cases of discrimination against them.

9. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS A foreigner or a stateless person may conclude a labour contract if it meets the requirements set by the Labour Law, a special law and international conventions; Conditions of employment of foreigners are regulated by a separate law - the Law on Employment and Work of Foreigners; A work permit needs to be obtained first The quota system for the employment of foreigners Legally employed staff member has all rights from the employment as Montenegrin national s.

10. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS Legally employed foreigners: Equal status in the labour market in relation to nationals of Montenegro. The right to fair remuneration, safety and protection of life and health, vocational training and other rights in accordance with the law and the collective agreement The right of association, participation in negotiations for the conclusion of collective agreements, peaceful resolution of collective and individual labour disputes. Entitled to severance pay (staff foreigners employed under indefinite period of time).

11. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS The employer is required to provide education, training and development to employee as required by the needs of the labour market; Funds for the education and professional training are provided by the employer.

12. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.1. EQUAL TREATMENT, THE CONDITIONS OF WORK, HIRING AND DISMISSAL, PROFESSIONAL EDUCATION AND OTHER RIGHTS In Montenegro, there is a prohibition of any discrimination (direct and indirect) against legally employed migrant workers, so in that sense it is not necessary to change the labour law. Abolishing the requirement of issuing work permits to nationals of EU Member States that are planned with amendments to the Law on Employment and Work of Foreigners and the Foreigners Law to the accession date to the EU, will fully ensure equal access to employment.

13. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.2. Employment in public administration Relevant acquis communautaire Article 45 TFEU Regulation 492/11 Montenegrin legislative framework The Constitution of Montenegro ("Official Gazette of Montenegro", no. 1/2007); The Law on Civil Servants and State Employees ("Official Gazette of Montenegro", no. 39/11, 50/11 and 66/12); The Law on Employment and Work of Foreigners ("Official Gazette of Montenegro" No.22/08, 32/11); The Law on Salaries of Civil Servants and State Employees ("Official Gazette of Montenegro", No.14/12)

14. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.2. Employment in public administration State Authority shall be: ministries, administration body, office of the President of Montenegro, the Montenegrin Parliament, the Government of Montenegro, the Constitutional Court, the courts and prosecutor's office; The law applies to employees of the Pension and Disability Insurance Fund of Montenegro, Health Insurance Fund of Montenegro, Employment Agency of Montenegro, the Labour Fund and Agency for the peaceful settlement of labour disputes.

15. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.2. Employment in public administration A civil servant: a) performs tasks for achieving the scope of authority of state organs; b) performs IT, financial, accounting and other administrative business. State Employee - performs administrative-support duties. Complied with the recommendations of the EU and created a system of recruitment and career development for civil servants; Professional competence, knowledge, skills assessment;

16. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.2. Employment in public administration Statutory conditions for employment in government agencies: -Montenegrin citizen; -Full age; -To be medically fit; - To have the required level of education qualifications; -Has not been convicted of a crime that renders him unfit to work in the state authority; -No criminal proceedings for a criminal offense is prosecuted ex officio; -Other conditions depending on the activity of organs.

17. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.2. Employment in public administration A foreign national or a stateless person may be given employment in public bodies as a state employee, under the conditions stipulated by a special law and international conventions. State Employee is employed for an indefinite period of time; Employment for a specified time: replacement of the absent state employee; performance of project tasks for the duration of the project; temporarily increased workload; apprentice training.

18. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.2. Employment in public administration Abolishing the requirement of issuing work permits to nationals of EU Member States that are planned with the amendments to the Law on Employment and Work of Foreigners and the Foreigners Law until the accession to the EU will fully ensure equal access to vacancies, for state employees. Civil servants - Montenegrin citizenship in accordance with the EU Regulation.

19. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.3. Availability of housing Relevant acquis communautaire Treaty on the Functioning of the EU (Article 45) EU Regulation 492/2011 on freedom of movement for workers within the Union Montenegrin legislative framework The Constitution of Montenegro Law of Property Relations ("Official Gazette of Montenegro", No.19/09); State Property Law ("Official Gazette of Montenegro", No.21/09); The decision to address the housing needs of civil servants and state employees ("Official Gazette of Montenegro", No.69/08).

20. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.3. Availability of housing 3.3.1. The right of foreign nationals to housing in Montenegro The draft law on social housing is in the adoption procedure at the Parliament of Montenegro. The right to social housing can be achieved by: -Montenegrin citizen residing in the territory of Montenegro; -Foreign citizen or stateless person whose status is solved in accordance with law and international agreement. - FOREIGNERS ARE EQUAL TO MONTENEGRIN CITIZENS IN TERMS OF THE RIGHT TO SOCIAL HOUSING, EXCEPT IN THE EVENT OF THE ALLOCATION OF BUILDING LAND.

21. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.3. Availability of housing 3.3.2. The right of foreign nationals to rent an apartment Article 61 of the Constitution stipulates that a foreign person may be subject to ownership rights under the law. Foreign nationals are equal to Montenegrin citizens in terms of tenancy Under Chapter XII (Rights of foreigners) of the Property Relations Law, the general provision in Article 412 stipulates that the provisions of this Law shall apply to foreign persons, unless the law or an international treaty provide otherwise.

22. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.3. Availability of housing 3.3.3. The right to buy an apartment – Regulations Article 61 of the Constitution stipulates that a foreign person may be subject to ownership rights under the law. Foreign nationals are equal to Montenegrin citizens in relation to the purchase of the apartment Under Chapter XII (Rights of foreigners) of the Property Relations Law, the general provision in Article 412 stipulates that the provisions of this Law shall apply to foreign persons, unless the law or an international treaty provide otherwise. Especially defined is the acquiring of title to real estate by a foreign natural person by inheritance, and Article 414 of the Property Relations Law provides that the foreign individual may acquire ownership of real estate in Montenegro by inheritance same as a citizen of Montenegro. Foreign nationals are equal to Montenegrin citizens in relation to the right to acquire property, the right to lease and the right to housing under the Proposal law on social housing

23. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.4. Access to education for migrant children Relevant acquis communautaire Article. 45 TFEU Regulation 492/11 Montenegrin legislative framework General Law on Education Law on Pre-School Education Law on Primary Education Law on High School The Law on Vocational Education The Adult Education Law The Law on the recognition of foreign educational certificates and Equalization of qualifications The law on the recognition of foreign qualifications to perform the regulated professions The Law on the National Qualifications Framework The Law on Higher Education

24. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.4. Access to education for migrant children 3.4.1. The right to education of children of foreign nationals, migrant workers Primary education - free and compulsory for all children aged six to fifteen years. Children of migrant workers as foreign citizens have an equal right to basic education as Montenegrin citizens Secondary education - attend secondary school on a competitive basis as a Montenegrin citizen and pay no tuition The classes are organized in the Montenegrin language, and the language of minorities in areas where the majority or a significant portion of the population are members of those minorities Higher education - citizens are eligible for admission to degree programs at public institutions of higher education in Montenegro under the same conditions as Montenegrin citizens who pay tuition and are entitled to the recognition of documents. Student, regardless of whether financed from the budget, or a self-financed student has the right to accommodation and meals at home, student loans, scholarships for the best students, subsidized transport in urban and intercity transport, professional training, health care

25. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.4. Access to education for migrant children 3.4.2. Recognition of foreign education qualifications for employment Regulated by the Law on the recognition of foreign qualifications to perform the regulated professions (Official Gazette of Montenegro ", No. 18/11), the conditions for recognition are equal for citizens of Montenegro and the EU Recognition of foreign education qualifications in the exercise of regulated professions Regulated by the Law on the recognition of foreign qualifications to perform the regulated professions It is necessary to adopt a regulation that will determine the list of regulated professions in Montenegro, as well as the relevant professional bodies in the process of recognition of foreign qualifications to perform the regulated professions The law comes into force on the date of accession of Montenegro to the EU

26. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.5. Knowledge of Montenegrin language Relevant acquis communautaire Article. 45 TFEU Regulation 492/11 Montenegrin legislative framework General Law on Education ("Off. Gazette of Montenegro", No.64/2002, 31/2005 and 49/2007, 45/2010 and 45/2011); Health Protection Law ("Official Gazette of RM", No.39/04 and "Official Gazette of Montenegro", No.14/10); Rules on issuance, renewal and revocation of licenses ("Official Gazette of Montenegro", No.51/2011;

27. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.5. Knowledge of Montenegrin language 3.5.1. Teaching staff Classes in educational institutions shall be in Montenegrin. A teacher is eligible to establish a working relationship that, in addition to the general requirements laid down in the Labour Law, aslo has: 1) An appropriate education in accordance with the law and the curriculum; 2) Montenegrin citizenship; 3) Passed professional exam to work in educational institutions. Classes can be held in a foreign language with the prior approval of the Ministry of Education.

28. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.5. Knowledge of Montenegrin language 3.5.2. Medical Doctors, dentists - foreign nationals Certificate of knowledge of the official language in Montenegro JUSTIFIABLE REASONS Nature of business The necessary communication

29. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.6. Membership in labour unions Relevant acquis communautaire Article. 45 TFEU Regulation 492/11 Montenegrin legislative framework The Constitution of Montenegro Labour Law Law of Union Representation Collective agreements (general, branch, employer)

30. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.6. Membership in labour unions Union organizing Montenegrin Constitution guarantees the right of employees to freedom of association and action, without prior approval, subject to registration with the competent authority; Employed persons, directly or through their representatives, have the right of association, participation in negotiations (Labour Law); Trade union organizations may choose a union representative to represent them (Art 157 Labour Law); The employer shall provide the employee to freely exercise trade union rights; The representative of trade union organization and representative of employees in the performance of union activities and six months after the termination of trade union activities cannot be held responsible, if they act in accordance with the law and the collective agreement; The employer cannot put in a more or less favourable position a representative of trade union.

31. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.6. Membership in labour unions Legally employed foreigners: Equal status to union organizing in respect of nationals of Montenegro, and in that sense it is not necessary to change the laws and regulations relating to trade union organization. By abolishing the requirement of issuing work permits to nationals of EU Member States that are planned through amendments to the Law on Employment and Work of Foreigners and the Foreigners Law until the accession to the EU, it is to be fully ensured equal access to vacancies for EU citizens, in accordance with the law, and thus union organizing.

32. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.7. The right to tax and social benefits Relevant acquis communautaire Article. 45 TFEU Regulation 492/11 Montenegrin legislative framework Law on Corporate Income Tax ("Official Gazette of RM", No.65/01, 37/04 and 78/06, and "Official. Gazette of Montenegro" No.86/09, 14/12 to 6/13); Law on Social and Child Protection ("Official Gazette of Montenegro", No.78/05); Law on professional rehabilitation and employment of disabled persons (Decree on subsidies for the employment of certain categories of unemployed persons ("Official Gazette of Montenegro", No.11/12); Law on Travel Benefits for Persons with Disabilities ("Official Gazette of Montenegro", No.80/08).

33. Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3.7. The right to tax and social benefits The individuals’ obligation to pay taxes; Taxpayer for personal income is a resident or non-resident person Income exempt from taxation; Montenegrin citizens and foreigners with permanent residence in Montenegro.

34. Thank you for your attention. QUESTIONS