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L A B O U R   L A W

(consolidated text)

published in “Official Gazette of Montenegro“, 49/2008, 26/2009, 59/2011 and 66/2012

Prohibition of discrimination

[…]

Article 5

Direct or indirect discrimination of a person seeking employment and an employed person, on the grounds of gender, birth, language, race, religion, colour of skin, age, pregnancy, health condition, or disability, nationality, marital status, family responsibilities, sexual orientation, political or other belief, social background, financial status, membership in political and trade union organizations or any other personal feature shall be prohibited.

[…]

Article 63

(1)  An employee shall be entitled to an annual leave.

(2) Duration of annual leave shall be determined in proportion to the time spent at work.

(3)  An employee shall be entitled to 1/12 of the annual leave for each month of work with an employer if his/her employment commences or terminates during that calendar year.

(4) A temporary working disability due to illness, paid leave, maturity leave, recess during official and religious holidays and absence due to responding to requests of state or military entities shall be considered as time spent at work for the purpose of achieving the right to an annual leave.

(5) An employee may not waive the right to annual leave, and that right may not be denied to an employee.

Absence from work due to public and religious holidays

[…]

Article 74

(1)  An employee shall be entitled absence from work during public and religious holidays in accordance with the law.

(2)  If an employee works during the holidays referred to in paragraph 1 of this Article due to work process needs, he/she shall be entitled to increased salary in accordance with collective agreement and contract of employment.

Gross salary and salary increase

[…]

Article 78

(1) Salary realized by an employee for the work performed and time spent at work, wage compensation and other earnings determined by collective agreement and contract of employment shall comprise the gross salary under this Law.

(2) Salary shall be increased in accordance with collective agreement and contract of employment in case of: overtime work, nigh-time work, service period, work on public and religious holidays determined in accordance with the law as non-working days and in other cases determined by collective agreement and contract of employment.

Wage compensation

[…]

Article 82

(1)  An employee shall be entitled to a wage compensation in the amount determined by collective agreement and contract of employment during: public and religious holidays which are non-working days; annual leave; paid leave; responding to a summon from public authorities; professional improvement upon an order from the employer, temporary incapacity during inability to work in accordance with the health insurance regulations and during maternity, or parental leave and leave for the purpose of providing care to child, in accordance with this Law; termination of work occurring without employee’s fault; refusal to work if prescribed measures of protection at work are not implemented; absence from work based on previously agreed participation in work of an employer’s body or trade union body; during retraining, additional training and training for work on other positions and in other cases determined by the law, collective agreement and contract of employment.

What is considered as justified grounds for termination of a contract of employment

[…]

Article  143 a

The following shall not constitute justified grounds for termination of a contract of employment, as referred to in Article 143 of this Law:

1)    temporary absence from work due to illness, accident at work or professional disease;

2)    maternity, or parental, leave, absence from work for child care and absence from work due to special child care;

3)    membership in a political organization, trade union, difference according to a personal trait of an employee (gender, language, ethnicity, social status, religion, political or other beliefs or other personal traits of the employee;

4)    acting as a representative of employees, in accordance with the law;

5)    in case when an employee addresses trade unions or competent authorities for protection of employment rights in accordance with the law and contract of employment;

6)    in case when an employee addresses the competent public authorities for justified suspicion of corruption or filing a complaint of such suspicion in good faith.

7)     in case when an employee addresses or points out to compromising of environment connected to the employer’s operations to the employer or the relevant public authorities. 

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