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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. 17
10 YEARS OF INDEPENDENCE - INSIGHT VIEW AMNESTY PROCLAIMED BY THE PRESIDENT OF MONTENEGRO Vujanović misused its competences 310 337 Source: www.predsjednik.me 142 137 130 91 Election year 49 23 11 2011 2012 2013 2014 2015 total number of requests approved Photo: www.podgorica.me 10.08 Majority of amnesties, Vujanović approved in election year 18 1.53 0.32 2000 - 2014 2004 - 2012 2011 - 2015 Annual average of amnesties in comparison with 100.000 people
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Page 4 and 5: Table of contents INTRODUCTION ....
Page 6 and 7: Introduction Dear Madam/Sir, This p
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Page 30 and 31: THE COUNTRY: HUMAN RIGHTS LEGAL FRA
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Page 34 and 35: THE COUNTRY: HUMAN RIGHTS JOURNALIS
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Page 38 and 39: THE COUNTRY: HUMAN RIGHTS EUROPEAN
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THE COUNTRY: ECONOMIC POLICY Expect
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THE COUNTRY: ECONOMIC POLICY Before
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THE COUNTRY: PUBLIC GOODS NATIONAL
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THE COUNTRY: PUBLIC GOODS CONFUSING
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