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 19 – Social Policy and Employment Bilateral screening: Chapter 19 PRESENTATION OF MONTENEGRO Brussels, 11-23 March 2013

2. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT SOCIAL DIALOGUE Nataša Vukašinović Secretary of Social Council of Montenegro Social Council of Montenegro scmne@mrs.gov.me

3. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT CONTENTS:  Social Council of Montenegro  Informing and consulting of employees

4. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Institutional Framework The Constitution of Montenegro, Article 65: "The social status of employees shall be adjusted in the Social Council. Social Council consists of representatives of trade unions, employers and the Government. " 2007. Law on Social Council (’’Official Gazette of MNE’’ No.16/07) 2010. Law on the Representativeness of Trade Unions (Draft Law on the Amendments to the Law on the Representativeness of Trade Unions is in parliamentary procedure) 2011. Law on the Amendments to the Law on Social Council ("Official Gazette of Montenegro" No.20/11)

5. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Purpose of Establishing Social Council was established to set up and develop social dialogue on important issues for realization of economic and social status of employees and employers and conditions of their life and work, for development of a culture of dialogue, encouragement to the peaceful settlement of individual and collective labor disputes and other issues arising from international documents, which relate to the economic and social status of employees and employers.

6. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Scope of Work Development and improvement of collective negotiation The impact of economic policy and measures for its implementation in the social development and stability of employment policy, wages and prices, competitiveness and productivities, privatizations and other issues of structural adjustment; Protection of the working and living environment Education and professional training Health and social care and safety Demographic trends, and Other important issues for the realization and improvement of economic and social policy

7. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT - Social Council of Montenegro 11 representatives of the Government of Montenegro 11 representatives of the representative trade union organizations 11 representativs of the representative employers’ federations

8. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT REQUIREMENTS FOR DETERMINATION OF REPRESENTATIVENESS GENERAL REQUIREMENTS: - Registration - Independence with regard to the state, employer and political parties - Financial independence SPECIAL REQUIREMENTS: AT THE EMPLOYER: at least 20% of the total number of employees (at the employer): AT THE BRANCH LEVEL: at least 15% of the total number of employees in the branch of activity, group or sub-group activity. AT THE STATE LAVEL: - At least five unions at the level of activity, group or sub-group activity; - That it consists of at least 10% of the total number of employees in MNE

9. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Trade Unions Representativeness Law on the Representativeness of Trade Unions (Amendments to the Law - in parliamentary procedure) Article 5: “Trade union with determined representativeness, in accordance with this Law, has rights as follows: 1.collective negotiation and conclusion of collective agreements at the appropriate level; 2.participation in the settlement of collective labor disputes; 3.participation in the work of Social Council and other tripartite and multipartite entities at the appropriate level; 4.participation in the work of the management of the Pension and Disability Insurance Fund of Montenegro, Health Insurance Fund of Montenegro and the Employment Agency of Montenegro; 5.other rights, which are provided by special laws for authorized union organization. The Ministry of Labour and Social Welfare keeps the Register of trade unions

10. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Employers’ Federations Representativeness Labour Law, Article 161, “The association of employers, as referred to in this Law, shall be considered as representative if its members employ at least 25% of employees in the economy of Montenegro and participate in the gross domestic product of Montenegro with at least 25%. Employers’ federations shall file an application with the Ministry for the purpose of registration. The Ministry shall regulate the method and procedure of registering employers' federations and closer criteria for determining of employers’ federations representativeness. If none of the employers' federations meet the requirements referred to in Paragraph 1 of this Article, the employers may make an agreement on participation in conclusion of collective agreement.”

11. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT COLLECTIVE NEGOTIATION Labour Law Articles 147-153 -Subject matter and application of collective agreements -Types of collective agreements -Content of collective agreements -Participants in conclusion of collective agreements -Negotiation and signing of collective agreements -Period in which collective agreements are concluded -Extended application of an employer’s collective agreement

12. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT INFORMING AND CONSULTING OF TRADE UNIONS/REPRESENTATIVES OF EMPLOYEES Labour Law Article 90 Previous informing of representative trade union / employees about the change of employer Articles 92 and 93 Obligation of informing and consulting the trade unions or representatives of employees when the employer determines that, due to technological, economic and restructuring changes, redundant employees with a contract of employment for an indefinite period will occur

13. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Article 158 (1) An employer shall inform a trade union organization, at least once a year about: 1) the results of operations; 2) development plans and their influence to the status of employees, trends and changes in the salary policy; 3) measures for improvement of working conditions, security and safety at work and other issues relevant to the financial and social status of employees. (2) An employer shall inform a trade union organization about: 1) security and safety at work measures; 2) introduction of new technology and organizational changes; 3) schedule of working hours, night work and overtime; 4) adoption of the program on the introduction of technological, economic and restructuring changes and program for exercise of the rights of redundant employees; 5) time and method of payment of salaries. (3) An employer shall timely inform and deliver acts to the trade union organization for the purpose of attending meetings of employer where initiatives and proposals of employer shall be discussed. (4) A trade union organization representative shall be entitled to participate in a discussion before relevant employer’s authorities.

14. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT PROPOSAL OF GENERAL COLLECTIVE AGREEMENT Article 54 “The employer shall seek and consider the opinions and proposals of trade unions before making a decision of great importance for the professional and economic interests of employees, layoffs due to the technological and economic, restructuring and other changes, the job descriptions and others.”

15. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT PROPOSAL OF GENERAL COLLECTIVE AGREEMENT Article 55 An employer shall, once a year, inform a trade union, at appropriate level, about: achieved business and financial results of operations on an annual basis; development plans, their influence on the status of employees and expected changes in the salary policy; planned introduction of technological, economic and restructuring changes and program on exercise of rights of redundant employees; list of employees, their employment status and qualification structure; calculated total gross and net salaries paid, including contributions for obliged social insurance and amount of average earnings with the employer; recorded accidents at work and taken security and safety at work measures; actual overtime work.

16. Thank you for your attention. QUESTIONS