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Paid Educational Leave Convention, 1974 (No. 140) - Montenegro (RATIFICATION: 2006)

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Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Application of the Convention in practice. In its report, the Government once again indicates that the application of labour law provisions governing the use of paid leave for the purpose of vocational education and training of employees is supervised by labour inspection. The Government further indicates that the new labour law is to be adapted to the requirements of European Union (EU) law, but that this has not yet been completed. The Committee notes that the new draft labour law stipulates that paid leave for educational purposes is determined through negotiations within the tripartite working group established under the legislation, and provides that the employee is required to be trained and skilled to work in accordance with his or her abilities and the needs of the work process. The costs of such training are borne by the employer. In this regard, the Committee recalls once again that Paragraph 14 of the Paid Educational Leave Recommendation, 1974 (No. 148), states that workers should be free to decide on the education or training programmes in which they wish to participate. The Government adds that the new draft labour law envisages that training be carried out, as a rule, during working hours, unless the employer and employee agree otherwise. The Committee recalls that, in its previous report, the Government indicated that the Union of Trade Unions of Montenegro, in article 48 of its articles of association, envisages the possibility of establishing an education committee charged with the implementation of the union training programme. The Committee notes that the Government has not provided the information requested with respect to the practical application of the Convention, nor has it provided information on the methods used by the labour inspection to monitor compliance with the labour law provisions governing the use of paid educational leave. The Committee therefore reiterates its hope that the Government will take adequate steps to align the new draft labour law with the Convention, particularly to ensure that paid educational leave for trade union education is available independent of programmes carried out by the trade unions. It once again requests the Government to provide a copy of the new draft labour law as soon as it is adopted, as well as to continue to communicate information on measures taken or envisaged – in consultation with the representative employers’ and workers’ organizations – to promote the granting of paid educational leave for the purpose of occupational training at any level (Article 2(a)); general, social and civic education (Article 2(b)); and trade union education (Article 2(c)). In addition, the Committee reiterates its request that the Government provide information on the methods by which labour inspection supervises and enforces the application of the labour law provisions governing the use of paid leave for the purposes contemplated in Article 2 of the Convention, and to provide information on the number of inspections, the violations detected and the sanctions imposed (Part III of the report form). The Committee also once again requests that the Government provide extracts of the relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave (Part V of the report form).

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Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid education leave. Application of the Convention in practice. In response to the Committee’s previous comments, the Government indicates that the implementation of education, vocational education and training of employees regulated by labour law, the general collective agreement and collective agreements referring to specific branches of activity, is supervised by labour inspection. It adds that the labour law contains a general provision on the granting of paid leave for vocational education, and that special collective agreements determine the manner in which the leave is granted and the manner in which it is used, depending on the training or educational activity. The Government indicates that it is formulating a new draft labour law to harmonize its labour legislation with European Union requirements and with the provisions of ILO Conventions ratified by Montenegro, as well as with ILO recommendations. The Committee notes that, to this end, a working group has been established, composed of representatives of the social partners (trade unions and associations of employers), the Ministry of Labour and Social Welfare, the Ministry of Finance, experts and the non-governmental organizations (NGOs). This working group developed a new draft law which stipulates, in article 88, that an employee shall be obliged, in accordance with his or her abilities and the needs of the working process, to be professionally trained and improve his or her work, and that the costs of vocational education and training shall be borne by the employer as well as by other sources, in accordance with the law and the relevant collective agreement. In this regard, the Committee recalls that paragraph 14 of the Paid Educational Leave Recommendation, 1974 (No. 148), states that workers should be free to decide on the education or training programmes in which they wish to participate. The Government adds that the proposal envisages that vocational training would be carried out, as a rule, during working hours, unless the employer and employee agree otherwise. It adds that the text of the new draft labour law was sent to the European Commission and the ILO for comments. In this context, the Committee notes that article 88 of the proposed draft does not address training for purposes of union, general, social and civic education, but calls for employers to provide vocational education and training when required by the needs of the working process. The Committee notes that this could limit the right of employees to paid educational leave within the meaning of Article 2 of the Convention. The Committee recalls that Article 2 of the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purposes specified therein. The Government further indicates that section 56(1) of the General Collective Agreement stipulates that the employer is required to grant paid leave to a representative of a trade union who does not pursue a full-time union activity on the basis of a written notice, at least three days prior to his/her absence, inter alia, for the purpose of attending trade union seminars and courses in the country and abroad. The Government adds that, considering the importance of education on union membership, the Union of Trade Unions of Montenegro, in article 48 of its articles of association, envisages the possibility of establishing an education committee charged with the implementation of the union training programme. Moreover, article 11(1)(5) stipulates that a trade union member has, inter alia, the right to union education and training. In this regard, in the autumn of 2000, the Union of Free Trade Unions of Montenegro put into operation a trade union school in Kotor, where the training of members will be carried out and which is one of its future priorities. The Committee hopes that the Government will take adequate steps to align the draft labour law with the Convention particularly to ensure that paid educational leave for trade union education is available independent of programmes carried out by the trade unions. It requests the Government to provide information on any developments and to provide a copy as soon as it is adopted. It requests the Government to continue to communicate information on measures taken or envisaged – in consultation with the representative employers’ and workers’ organizations – to promote the granting of paid educational leave for the purpose of occupational training at any level; general, social and civic education; and trade union education. The Committee once again reiterates its request that the Government provide extracts of the relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers granted paid educational leave. It further requests the Government to provide information on the impact of the measures adopted to promote paid educational leave for trade union education and to indicate by what methods the labour inspection supervises and enforces the implementation and monitoring of the legislation and administrative regulations.

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Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid education leave. Application of the Convention in practice. The Committee notes the Government’s report, which includes information disaggregated by sex regarding participation in training seminars held in 2014 and 2015. The Committee further notes the observations of the Montenegrin Employers Federation (MEF) communicated together with the report, replying to observations made by the Union of Free Trade Unions of Montenegro (UFTUM) which were communicated together with the Government’s report in 2014. The MEF indicates that there is no precise data on how many enterprises in Montenegro invest in the professional development of their employees; however, an analysis of the training needs of small and medium-sized enterprises (SMEs) in the Western Balkans and Turkey, conducted by the South East European Centre for Entrepreneurial Learning (SEECEL) in 2011 concluded that 52 per cent of the surveyed enterprises in Montenegro had organized trainings internally, compared with 5 per cent of companies that hired experts from outside. According to employers surveyed, the trainings were organized with the objective of contributing to the competitiveness of enterprises. The MEF adds that, based on its internal data, large and medium enterprises invested significant resources into developing their human resources, primarily in four areas: information and communication technology (ICT); accounting and auditing; occupational safety; and language training (English and Russian). The MEF indicates that a review of the trainings it organized in 2014–15 showed that employers provide paid leave for their employees for training on union, general, social and civic education, in accordance with section 38 of the Montenegrin Labour Act. In this context, the Committee notes that section 38 of the Act does not address training for purposes of union, general, social and civic education, but requires employers to provide education, vocational training and development when required by the needs of the working process, the introduction of a new manner of work organization, and particularly when new methods in organization and technology of work are introduced and applied. The Committee notes that paragraphs 1 and 2 of section 38 could limit the right of employees to paid educational leave within the meaning of Article 2 of the Convention, as section 38 contemplates the provision of vocational training and development only in relation to the employee’s capacities and the needs of the working process. In this regard, the Committee recalls that Article 2 of the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purposes specified therein. The Committee therefore reiterates its request that the Government communicate information on the policy and measures taken or envisaged – in consultation with the representative employers’ and workers’ organizations – to promote the granting of paid educational leave for the purpose of occupational training at any level (Article 2(a)); general, social and civic education (Article 2(b)); and trade union education (Article 2(c)). The Committee also once again reiterates its request that the Government provide extracts of the relevant collective agreements together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers granted paid educational leave (Part V of the report form). It further requests the Government to indicate the authority or authorities responsible for ensuring the implementation and monitoring of the legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced (Part III of the report form).

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Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid education leave. The Committee notes the Government’s report which includes information on the number of civil servants who have obtained training under the Vocational Education and Professional Development Programme. The Committee also notes that the report includes detailed information provided by the Association of Employers of Montenegro concerning the number of training activities held in 2013 and participants thereof, and by the Confederation of Trade Unions of Montenegro indicating that professional education of its existing and potential members is a top priority. In this regard, the Confederation of Trade Unions of Montenegro adds that it has initiated the procedure of obtaining a certificate for the certified education provider to be delivered by the Ministry of Education and Sports. Moreover, in its observations transmitted by the Government, the Union of Free Trade Unions of Montenegro (UFTUM) indicates that employers who provide special, vocational training to employees, particularly in cases of adoption and application of new methods in work organization and technology, allow employees to take paid leave for this purpose. The UFTUM is of the view, however, that employers are under-investing in this type of education and training of employees, and allocate insufficient resources for this purpose, except in the entities where collective agreements define it as a binding obligation for the employer. The UFTUM further indicates that legislation does not recognize the notion of paid leave for the purposes of trade union, general, social, and civic education. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the policy and measures, taken in consultation with the social partners, to promote the granting of paid educational leave for the purpose of occupational training at any level (Article 2(a)); general, social and civic education (Article 2(b)); and trade union education (Article 2(c)). Please also provide extracts of the relevant collective agreements together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers granted paid educational leave (Part V of the report form).
[The Government is asked to reply in detail to the present comments in 2016.]

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Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid education leave. The Committee notes the Government’s report received in August 2013 in which it reiterates the provisions of the national legislation which provide for paid leave for educational purposes. The Committee once again invites the Government to indicate in its next report the policies and measures, taken or envisaged, to promote the granting of paid educational leave for the purpose of occupational training at any level, as well as for the purpose of trade union education. The Committee reiterates its request to the Government to provide extracts of the relevant collective agreements together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers granted paid educational leave (Part V of the report form).
Article 6. Participation of governmental institutions, other bodies and the social partners. The Committee notes the Government’s indication that public authorities, employers’ and workers’ organizations participate on an equal basis in the implementation of the provisions regulating paid educational leave. The Committee requests the Government once again to describe the manner in which the public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training are involved in the formulation and application of the policy for the promotion of paid educational leave.
[The Government is asked to reply in detail to the present comments in 2014.]

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The Committee notes the Government’s first report on the application of the Convention received in September 2008.

Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Government’s report briefly refers to the provisions of the national legislation which provide for paid leave for educational purposes in order to participate in professional training programmes at the request of their employer (section 38 of the Labour Act) and to sit professional examinations (section 72 of the Labour Act). Collective agreements also appear to provide for paid educational leave. The Committee invites the Government to indicate in its next report the policies and measures, taken or envisaged, to promote the granting of paid educational leave for the purpose of occupational training at any level, as well as for the purpose of trade union education. Please also include extracts of the relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers granted paid educational leave (Part V of the report form).

Article 6. Participation of governmental institutions, other bodies and the social partners. Please describe the manner in which the public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training are involved in the formulation and application of the policy for the promotion of paid educational leave.

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