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1、LABOUR LAW (consolidated text)(the Law on Amendments to the Labour Law published in “Official Gazette of Montenegro“, no. 59/2011 of December 14th, 2011)I GENERAL PROVISIONSSubject matter of the Labour LawArticle 1The rights and obligations of employees arising from employment, the method and the pr
2、ocedure of their exercise, encouraging employment and facilitating flexibility in the labour market, shall be regulated by this Law, collective agreement and contract of employment.Application of the LawArticle 2(1) The provisions of this Law shall apply to all persons employed with an employer who
3、work in the territory of Montenegro, and to employees who have been assigned to work abroad by their employer with the head office in Montenegro, unless otherwise prescribed by the law.(2) The provisions of this Law shall also apply to the employees in state bodies, public administration authorities
4、, local government authorities and public services, unless otherwise prescribed by the law.(3) The provisions of this Law shall also apply to employees who are foreign citizens and persons without citizenship who work with an employer in the territory of Montenegro, unless otherwise prescribed by th
5、e law.Definition of employment relationshipArticle 3Employment relationship is a relationship based on employment between an employee and an employer that is established by a contract of employment, in accordance with the law and collective agreement.Relation between the law, collective agreement an
6、d contract of employmentArticle 4(1) Collective agreement and contract of employment may not contain provisions stipulating lower rights or less favourable terms of employment than the rights and conditions provided by the law.(2) Collective agreement and contract of employment may stipulate broader
7、 scope of rights and more favourable terms of employment than the rights and conditions defined by this law.(3) If certain provisions of collective agreement stipulate narrower scope of rights, or less favourable terms of employment than the rights or terms stipulated by the law, the provisions of t
8、he law shall apply.(4) If certain provisions of contract of employment stipulate narrower scope of rights or less favourable terms of employment than the rights or terms stipulated by the law and collective agreement, they shall be null and void.(5) In case when collective agreement was not conclude
9、d with the employer, branch collective agreement for relevant activity shall apply directly, and in case there is no branch collective agreement the general collective agreement shall apply.Prohibition of discriminationArticle 5Direct or indirect discrimination of a person seeking employment and an
10、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 politic
11、al and trade union organizations, or any other personal feature shall be prohibited.Direct and indirect discriminationArticle 6(1) Direct discrimination, pursuant to this Law, shall include any treatment based on any of the grounds referred to in Article 5 of this Law whereby a person seeking employ
12、ment, and an employed person is placed in a less favourable position in comparison to other persons in a comparable situation. (2) Indirect discrimination, pursuant to this Law, exists when a certain provision, criterion or practice places or would place a person seeking employment and an employed p
13、erson in a less favourable position in comparison to other persons on the basis of his or her particular characteristic, status, orientation or belief.Discrimination on several groundsArticle 7(1) Discrimination referred to in Articles 5 and 6 of this Law shall be prohibited in relation to:1) employ
14、ment requirements and selection of candidates for the performance of a particular job;2) terms of employment and all rights arising from employment relationship;3) education, training and professional improvement;4) promotion at work;5) termination of contract of employment.(2) Provisions of a contr
15、act of employment introducing discrimination on any of the grounds referred to in Articles 5 and 6 of this Law shall be null and void.Harassment and sexual harassmentArticle 8(1) Harassment and sexual harassment at work or in relation to work shall be prohibited.(2) Harassment, pursuant to this Law,
16、 shall include any unwanted conduct based on any of the grounds referred to in Articles 5 and 6 of this Law, as well as harassment through audio and video surveillance, intended to or actually undermining the dignity of a person seeking employment, and an employed person, creating an intimidating, hostile, degrading or offensive environment.
