Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Montenegro (Ratification: 2006)

Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that, in 2018, Montenegro amended the 2007 Law on the Social Council, aligning it with the Law on the Representativeness of Trade Unions, which regulates the procedure for determining the representativeness of trade unions at all levels in the area of social dialogue. The new Law on the Social Council was adopted in July 2018 by the Montenegrin Parliament and published in the “Official Gazette of the Republic of Montenegro”, No. 44/18. The amendments to the Law are geared toward achieving greater autonomy in the development of social dialogue and tripartism, as well as to strengthening social cohesion in Montenegro. The Government indicates that it aims to fulfil the principles of representativeness, independence, autonomy and non-interference in internal issues of trade unions and employers’ organizations in conformity with, inter alia, ILO labour standards. It adds that the Law on the Social Council also regulates in more detail the work and composition of the Social Council of Montenegro and social councils in municipalities. The Committee welcomes the information provided and requests the Government to provide a copy of the new Law on the Social Council. It nevertheless recalls that the purpose of the procedures required under the Convention are effective tripartite consultations on the matters relating to international labour standards set out in Article 5. The Committee therefore requests the Government to provide updated detailed information concerning the content and outcome of tripartite discussions held in social councils on the matters related to international labour standards within the scope of Article 5(1) of the Convention, specifically relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).