Effect given to the recommendations of the committee and the Governing Body - Report No 349, March 2008

Case No 2525 (Montenegro) - Complaint date: 23-OCT-06 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 184. The Committee last examined this case at its June 2007 session [see 346th Report, paras 1219–1243], concerning the exercise of the right to strike at the aluminium factory, and made the following recommendations:
   • (a) The Committee requests the Government to amend the Law on Strike, in consultation with the social partners, so as to bring it into conformity with the principles of freedom of association and to keep it informed in this respect.
   • (b) With regard to the damages claimed by the employer from the eight members of the strike committee, the Committee requests the Government and the complainants to provide further information on the employers’ claim and specifically, on the authority to which the claim was submitted and on the outcome, if any, of such proceedings.
2. 185. In a communication dated 31 August 2007, the Government indicates that if, after the assessment, it decides that there is a need to amend the Law on Strike, it will provide for it in the plan of activities for the upcoming year, of which it will inform the Committee.
3. 186. With regard to the complainant’s allegation that the enterprise hired armed security guards to intimidate strikers, the Government indicates that an inspection carried out by the Republican Labour Inspection on 16 June 2006 established that the strike committee and the participants failed to respect the decision of the enterprise on the minimum services to be maintained during the strike. In these circumstances, the management was obliged to ensure security of persons and property; to that end it had hired security guards from a specialized agency. While performing their duty of securing property, security guards were not disturbing the strikers.
4. 187. With regard to the question of damages claimed by the employer from the eight members of the strike committee, the Government indicates that according to section 14(1) of the Law on Strike, “participation in a strike under conditions imposed by the legislation shall not represent a violation of the working duties, shall not represent grounds for initiation of the procedure to determine disciplinary and material responsibility of an employee or for removing an employee from work, and shall not result in cessation of his or her employment”. According to paragraph 5 of the same section, “organizers and participants of the strike, which have not been organized in accordance with the law, shall not enjoy protection provided for in paragraphs (1), (3) and (4) of this section”. The Government further explains that the procedure for compensation of damage may be initiated before the Basic Court in accordance with the relevant national regulations. The Government, as an executive authority, has no power to interfere with the work of the judiciary. Thus, the decision with regard to the compensation of damage claimed by the enterprise management from the strike committee which, during the strike failed to respect the provisions of the Law on Strike, is a matter for the relevant Court.
5. 188. The Committee notes the information provided by the Government. With regard to the Law on Strike, the Committee recalls that sections 10 and 10(a) of this Law provide that the minimum services, where negotiation has failed, are to be determined by the employer. The Committee considers that, unilateral determination by the employer of minimum service, if negotiation has failed, is not in conformity with the principles of freedom of association. The Committee is of the opinion that any disagreement in this respect should be settled by an independent body having the confidence of the parties concerned. It therefore once again requests the Government to take the necessary measures to amend the Law on Strike, in consultation with the social partners, so as to bring it into conformity with the principles of freedom of association and to keep it informed in this respect.
6. 189. The Committee further requests the Government to keep it informed of the outcome of the proceedings with regard to the damages claimed by the employer from the eight members of the strike committee and to transmit any court judgements handed down in this regard.