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Right of Association (Agriculture) Convention, 1921 (No. 11) - Montenegro (RATIFICATION: 2006)

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CMNT_TITLE

Article 1 of the Convention. Freedom of association of agricultural workers. In its previous comments, the Committee had noted that by virtue of article 53 of the Constitution of Montenegro and the Labour Act of 2008 (OG No. 49/08) trade union rights were granted to agricultural workers and that section 165 of the Labour Act addressed self-employed workers. The Committee had noted, however, that section 165 of the Labour Act seemed to cover only self employed workers in the area of culture and had requested the Government to indicate the legal provisions that granted trade union rights to self-employed workers in the agricultural sector. The Committee notes the Government’s indication that: (i) section 59 of the Act on Amendments to the Labour Act (OG No. 59/2011) repealed section 165 of the Labour Act of 2008; (ii) farmers are unionized in the Trade Union of Agriculture, Food and Tobacco Industry of Montenegro, which has a representative level in the branch; and (iii) a branch collective agreement for the agriculture, food and tobacco industry and water management has been concluded and regulates the rights and obligations of employees and employers in the area of labour, as well as relations between the parties to the collective agreement. While noting that section 165 of the Labour Act had been repealed, the Committee observes that the two provisions that address self-employed workers in the Labour Act – sections 148(4) and 150(8) – deal exclusively with workers in art and other cultural activity. The Committee, therefore, requests the Government to indicate the specific provisions that grant trade union rights to self-employed agricultural workers.

CMNT_TITLE

Article 1 of the Convention. The Committee notes the Government’s first report. The Committee further notes that article 53 of the Constitution of Montenegro guarantees the right of employers and employees to establish and join organizations of their own choosing without prior authorization and that the Labour Law of 2008 (OG No. 49/08) applies to all employees in the country, unless otherwise specified by a special law (section 2 of the Labour Law). The Committee noted under Convention No. 87 that the Government indicated that by virtue of these provisions, trade union rights are granted to agricultural workers and that section 165 of the Labour Law addresses self-employed workers. However, noting that section 165 of the Labour Law seems to cover only self employed workers in the area of culture, the Committee requests the Government to indicate the legal provisions that grant trade union rights to self employed workers in the agricultural sector.