Insight view

THE COUNTRY: HUMAN RIGHTS
The violation of workers’ rights has become the rule, not the exception, with irregular payment
of salaries and contributions for social insurance, illegal introduction of overtime, and illegal
work at the time of national and religious holidays, thus violating the institution of modifying employment
contracts and stultifying the institution of temporarily transferring employees through
the agency. An insufficiently developed culture of social dialogue at the bipartite level contributes
to negative atmosphere at the labour market.
Jointly with violation of labour rights, drastic violations of trade unions’ rights to organize and
act are present in Montenegro. Besides national regulations, freedom of trade union organizing
is guaranteed by a number of international regulations.
Examples of jeopardizing trade union rights
Without disciplinary proceeding, President of the Trade Union organization Steel Factory Nikšić received
the decision about termination of work because he allegedly “presented inaccurate data
about the work and business activities of the Steel factory, and data that were described as confidential,”
whereas the Employer did not mention legal grounds (rulebook about the business secrets
that has been breached).
There is a characteristic example of long-term deprivation of rights on trade union activities and ignoring
of members of Trade union organization of the Army of Montenegro by employers, who at
the same time give privilege and logistic support to members of another trade union organization
(Trade union of Army MNE) for membership of employees in that trade union.
One of the most drastic examples of violation of labor and trade union rights is the example of bankrupted
Aluminum Plant Podgorica (KAP). In the concrete case, president of the only representative
trade union in KAP was dismissed, despite the fact that national and international documents guarantee
protection from dismissals of representatives of workers at the time of doing their functions
and at least six months after termination of duties. Besides, the president of this trade union found
out about the decision of the management on her dismissal via media. In an attempt to resolve the
problem before competent institutions, Union of Free Trade Unions of Montenegro came to a very
serious conclusion that competent institutions in Montenegro employees, employed according to
the Labor Contract, who are engaged in bankruptcy procedure, do not have the same rights as other
employees in Montenegro.
One more case of violating rights of trade unions is dismissal of the president of the Trade union of
Media of Montenegro. The court procedure also proved that dismissal was illegal, as the president
of this Trade union was returned to her job position by the final decision of the court.
Prevention of trade union activities and its organizing is also reflected in preventing of attempts of
employees in Ericson a.b. Stockholm (part of the foreign company in Montenegro) to freely decide
on membership in trade union they choose (in the concrete case – their joining to the Trade Union
of Telekom Montenegro). Even in this case, institutions of the system, despite obligations and universal
rights prescribed by international regulations, prohibit formal exercising of the freely expressed
will of employees, which is the precondition for the trade union operating.
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