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THIS REGULATION IS UPDATED ON 31.3.2021. YEARS.

THE LAW
ABOUT WORK
("Official Gazette of Montenegro", No. 74/2019 and 8/2021)

I. BASIC PROVISIONS
Subject
Article 1
The rights and obligations of employees from employment, ie on the basis of work, the manner and procedure of their realization are regulated by this law, the collective agreement and the employment contract.
Law enforcement
Article 2
(1) This Law shall apply to employees working in the territory of Montenegro with a domestic or foreign legal or natural person, as well as to employees who have been sent to work abroad since
by an employer with a registered office in Montenegro, unless otherwise provided by a special law.
(2) This Law shall also apply to employees in state bodies, state administration bodies, local self-government units and public services, unless otherwise provided by a special law.
certain.
(3) This Law shall also apply to employed foreigners who work for an employer in the territory of Montenegro, unless otherwise provided by a special law.
(4) This Law shall also apply to natural persons who are engaged in economic activity for the purpose of gaining profit, and who do not perform that activity on behalf of another.
(5) The provisions of this Law relating to the prohibition of discrimination shall apply to employees referred to in para. 1 to 4 of this Article and a special law may not be determined otherwise.
Use of gender sensitive language
Article 3
Terms used in this law for natural persons in the masculine gender include the same terms in the feminine gender.
Definition of employment
Article 4
An employment relationship is a relationship between an employee and an employer that is based on an employment contract, in accordance with the law and a collective agreement.
The meaning of the expression
Article 5
(1) The terms used in this Law have the following meanings:
1) employee is a natural person who has an established employment relationship with the employer;
2) mobile employee is an employee who, as a member of staff, who travels or flies as part of work, is employed within a company that provides passenger or goods transport services, road or
by rail or air or inland waterways, in accordance with the law;
3) the employer is a domestic or foreign, ie part of a foreign legal entity or a natural person with whom the employee has an established employment relationship, or with whom a natural person is employed
engaged on any of the grounds provided by this law;
4) authorized trade union representative is an employee who is entered in the register of trade union organizations as an authorized person for representation and representation;
5) collective agreement means: general collective agreement, branch collective agreement and collective agreement with the employer;
6) a job is considered to be a set of jobs and tasks provided by the act on internal organization and systematization;
7) work on a facility at sea is work that is mainly performed either on the facilities at sea or from them (including oil platforms), directly or indirectly related to prospecting, extraction and
exploitation of mineral resources, including hydrocarbons and diving associated with such activities, whether from a offshore facility or from a vessel, in accordance with
by law;
8) work experience means time spent in employment and professional training in accordance with the law, in the qualification of the level of education, ie in professional
qualifications;
9) act on internal organization and systematization of jobs is an act by which the internal organization is determined by the employer; jobs; job description; number of executors;
special conditions for employment (competencies, knowledge, skills and work experience, qualification of education level, ie professional qualification in the range of maximum two
levels of education, ie professional qualifications);
10) pregnant employee is an employee who informs the employer about her pregnancy in writing;
11) an employee who has recently given birth is the employed mother of the child, until the child reaches the age of one, of which he informs the employer in writing;
12) a breastfeeding employee is the employed mother of the child until the child reaches the age of one year, of which he informs the employer in writing.
The relationship between the law, the collective agreement and the employment contract
Article 6
(1) The collective agreement and the employment contract may not contain provisions which give the employee less rights or determine less favorable working conditions than the rights and conditions determined by this
by law.
(2) A collective agreement and an employment contract may determine a larger scope of rights and more favorable working conditions than the rights and conditions determined by this Law.
(3) If certain provisions of a collective agreement determine a smaller scope of rights, ie less favorable working conditions than the rights or conditions determined by law, the provisions of law shall apply.
(4) If certain provisions of the employment contract determine a smaller scope of rights or more unfavorable working conditions than the rights, ie conditions determined by law and the collective agreement, they are null and void.
(5) If the collective agreement with the employer has not been concluded, the branch collective agreement for the respective activity shall be directly applied, and if there is no branch collective agreement
the general collective agreement applies.
Prohibition of discrimination
Article 7
Direct and indirect discrimination against jobseekers, as well as employees, on the grounds of race, color, nationality, social or ethnic origin, is prohibited,
connection with a minority people or a minority national community, language, religion or belief, political or other opinion, gender, gender reassignment, gender identity, sexual
orientation, health condition, disability, age, property status, marital or family status, pregnancy, belonging to a group or presumption of belonging to a group, political party,
trade union or other organization, or some other personal property.
Direct and indirect discrimination
Article 8
(1) Direct discrimination, in the sense of this Law, is any action caused by an act, action or omission, by which it is brought, by which it was brought, or by which it can
the person seeking employment, as well as the employee, shall be placed in a less favorable position in relation to another person seeking employment or an employee on any of the grounds referred to in Article 7 of this Law.
(2) Indirect discrimination, within the meaning of this Law, exists when a seemingly neutral provision, criterion or practice has led, brings or could bring a person seeking employment or
an employee at a disadvantage in relation to another person seeking employment or an employee, on any of the grounds referred to in Article 7 of this Law, unless that provision, criterion or practice
objectively and reasonably justified by a legitimate aim, using means that are appropriate and necessary to achieve the aim, ie in an acceptably proportionate manner to the aim pursued by the
is to be achieved.
Discrimination on several grounds
Article 9
(1) Discrimination referred to in Art. 7 and 8 of this law is prohibited in relation to:
1) conditions of employment and selection of candidates for performing a certain job;
2) working conditions and employment rights;
3) education, training and advanced training;
4) promotion at work; i
5) termination of the employment contract.
(2) Provisions of the employment contract which determine discrimination on any of the grounds referred to in Art. 7 and 8 of this law are null and void.
Harassment and sexual harassment
Article 10
(1) Harassment and sexual harassment at work and in connection with work, as well as in relation to training, education and training, promotion at work, conditions are prohibited.
employment, termination of employment or other issues arising from employment.
(2) Harassment, in terms of this law, is any unwanted behavior caused by any of the grounds referred to in Art. 7 and 8 of this law, as well as harassment through audio and video surveillance,
mobile devices, social networks and the Internet, which aims at or results in a violation of the personal dignity of the person seeking employment, as well as the employee, which causes or has
intent to provoke fear, a sense of humiliation or resentment, or create or intend to create a hostile, degrading or offensive environment.
(3) Sexual harassment, in terms of this Law, is any unwanted verbal, non-verbal or physical behavior of a sexual nature, which has the purpose or constitutes an offense
the dignity of the job-seeker as well as the employed person, and in particular when such conduct causes fear or creates hostility, degrading, intimidating, degrading or
offensive environment.
(4) An employee may not suffer harmful consequences in the case of reporting or testifying due to harassment and sexual harassment at work and in connection with work in the sense of para. 2 and 3
of this article.
Prohibition of discrimination in relation to professional social security systems
Article 11
Discrimination on the grounds of sex in relation to professional social security systems, the purpose of which is to provide benefits to employees of a certain economic status, is prohibited.
companies or groups of companies, branches of activity, occupations or groups of occupations, whether they are employees or self-employed employees, who are
supplement or replace benefits under compulsory social security schemes, whether membership in those schemes is compulsory or voluntary.
Prohibition of discrimination in relation to vocational training and advanced training
Article 12
Discrimination in terms of Art. 7 and 8 of this Law in relation to access to all types and levels of professional orientation, professional training and professional development and
retraining, including practical work experience.
Prohibition of discrimination in relation to membership in organizations of employees and employers
Article 13
Discrimination in terms of Art. 7 and 8 of this Law in relation to membership and participation in organizations of employees or employers, ie any organization that
brings together members of a particular profession, including the benefits provided by those organizations.
Harassment in the workplace (mobbing)
Article 14
(1) Any form of harassment in the workplace (mobbing) is prohibited, ie any behavior towards an employee or a group of employees with the employer that is repeated, and aims at or
represents a violation of the dignity, reputation, personal and professional integrity, position of the employee that causes fear or creates a hostile, degrading or offensive environment,
worsens working conditions or leads to the employee being isolated or forced to terminate the employment contract on its own initiative.
(2) Prohibition of harassment at the workplace (mobbing), measures for the prevention of harassment, the procedure for the protection of persons exposed to harassment, as well as other issues of importance for the prevention and
protection against harassment at work and in connection with work is regulated in more detail by a special law.
Special measures
Article 15
(1) It is not considered discrimination to discriminate, exclude or give priority in relation to a certain job when the nature of the job is such or the job is performed in such conditions that
characteristics related to some of the grounds from Art. 7 and 8 of this law represent a real and decisive condition for performing the work and that the purpose to be achieved is justified.
(2) Provisions of the law, collective agreement and employment contract relating to special protection and assistance to certain categories of employees, and in particular those on the protection of the rights of persons with
disability, women during pregnancy and maternity, parental and absence from work for the purpose of child care, ie special child care, as well as provisions relating to special
the rights of parents, adoptive parents, guardians and custodians are not considered discrimination.
Protection before the competent authorities
Article 16
(1) In cases of prohibited conduct, in terms of Art. from 7 to 15 of this law, the employee is obliged to initiate proceedings before the Agency for peaceful settlement of labor disputes or before
Center for Alternative Dispute Resolution, before initiating proceedings before the competent court in accordance with the law.
(2) A person seeking employment has the right to, in the case of prohibited conduct in terms of Art. 7 to 15 of this Law, initiate proceedings before the competent court in accordance with the law.
(3) An employee whose employment has been terminated has the right to initiate the procedure referred to in paragraph 1 of this Article.
Employee rights
Article 17
(1) The employee has the right to limited working hours, vacations, absences, suspension of rights and obligations arising from employment, protection and health at work, professional training and
appropriate salary, salary compensation and other benefits in accordance with the law, the collective agreement and the employment contract.
(2) The employee has the right to trade union organization, collective bargaining and participation in resolving labor disputes, in accordance with the law and the collective agreement.
(3) An employed woman has the right to special protection during pregnancy and childbirth in accordance with the law.
(4) The employee has the right to provide the employer with proposals, remarks and information on issues related to protection and health at work.
(5) Employees have the right to special protection during the use of maternity, parental, adoptive and foster leave.
(6) The employee has the right to special protection for the purpose of child care in accordance with this Law.
(7) Employees under the age of 18 and an employed person with a disability have the right to special protection, in accordance with the law.
Obligations of employees
Article 18
The employee is obliged to:
1) conscientiously and responsibly perform the tasks of the workplace;
2) respects the organization of work and business with the employer, as well as the conditions and rules of the employer regarding the fulfillment of contractual and other obligations from the employment relationship;
3) takes care of and conscientiously treats the means of work and material resources of the employer;
4) informs the employer about situations which, in the opinion of the employee, may pose a danger to life and health and which the employee cannot face in an appropriate manner.
the manner, or any situation for which the employee has objective reasons to consider that it poses an immediate and serious danger to his life or health;
5) within three days from the day of the change of the residential address, inform the employer thereof;
6) respects the regulations on protection and health at work and carefully performs work in a way that protects his life and health as well as the life and health of other persons, in accordance with a special law; i
7) act in accordance with other obligations determined by law, collective agreement, employer's act and employment contract.
Obligations of the employer
Article 19
The employer is obliged to:
1) has an act on internal organization and systematization of jobs if it has more than ten employees;
2) provide the employee with the performance of job activities, in accordance with the employment contract and the act on internal organization and systematization of jobs;
3) in the business premises, ie the place of performance of works, has an approval for performing the activity, ie a work application issued by the competent authority and a copy of the employment contract
an employee, ie another employment contract, as well as an application for compulsory social insurance;
4) pays the employee a salary for the work performed, in accordance with the law, the collective agreement and the employment contract;
5) provide measures for protection and health at work by preventing, eliminating and controlling risks at work;
6) informs the employee about the working conditions, organization of work, rules of the employer regarding the fulfillment of contractual obligations at work and the rights, obligations and responsibilities that
derive from regulations on safety and health at work;
7) keep records of employees who are employed by him, which contains data on employees, presence at work, all types of organization of working hours and annual
vacations of employees in accordance with a special law;
8) keep records of employees hired through the agency for temporary assignment of employees;
9) in cases determined by law, seek the opinion of the trade union, ie employee representatives;
10) respects the person, protects the privacy of the employee and ensures the protection of his personal data;
11) act in accordance with other obligations determined by law, collective agreement and employment contract.

II. ESTABLISHMENT OF EMPLOYMENT
1. Conditions for employment
General and special conditions
Article 20
(1) An employment contract may be concluded by a person who meets the general conditions provided by this Law and the special conditions provided by law, other regulations and the act on internal
organization and systematization of jobs.
(2) The general conditions, in terms of paragraph 1 of this Article, are: that the person has reached at least 15 years of age and that he or she has general health ability.
(3) Notwithstanding paragraph 2 of this Article, a person who is 15 years of age and who is in compulsory primary education, in accordance with a special law, may not be employed.
(4) A person with a disability may conclude an employment contract under the conditions and in the manner determined by this Law, unless otherwise determined by a special law.
Obstacles to employment
Article 21
(1) An employment contract may not be concluded with a person who has concluded a full-time or part-time employment contract.
(2) An employment contract may not be concluded with a person who has been prohibited from working on certain jobs by a final court decision, which implies
performing those tasks.
(3) An employment contract for the performance of work involving work with children may not be concluded with a person who has been convicted of criminal offenses against sexual freedom.
(4) An employment contract for performing household chores may not be concluded with members of the immediate family.
(5) A member of the immediate family in the sense of paragraph 4 of this Article shall be considered: spouse, children (married, illegitimate, adopted and stepchildren), parents and adoptive parents.
(6) An employee to whom severance pay has been paid on the basis of an agreed termination of employment in a company, public institution and other public service, the majority owner of which is
the state, ie a unit of local self-government or the state, ie a unit of local self-government has a share in the capital, cannot establish an employment relationship in a company, in a public
institutions and other public service, state body and state administration body and body and service of the local self-government unit, in the period of five years from the day of payment of severance pay.
(7) An employee who has been paid severance pay on the basis of the cessation of the need for his work in a company, public institution and other public service, the majority owner of which is the state,
ie a unit of local self-government or the state, ie a unit of local self-government has a share in the capital, except for an employee who is a person with a disability, cannot establish a working
relationship in a company, in a public institution and other public service, a state body and a state administration body and a body and service of a local self-government unit in a period of one year
from the date of payment of severance pay.
(8) The employer referred to in para. 6 and 7 of this Article is obliged to the Employment Service of Montenegro (hereinafter: the Employment Service) and the administrative body responsible for personnel management
submit data on employees who have been paid severance pay.
(9) The restriction referred to in para. 6 and 7 of this Article does not apply to an employee who returns the entire amount of paid severance pay.
Conditions for a person under 18 years of age
Article 22
(1) An employment contract may be concluded with a person under the age of 18, with the necessary written consent of a parent, adoptive parent, guardian or custodian, if such work does not endanger
his health, development, morals and education, ie if such work is not prohibited by law.
(2) A person under the age of 18 may conclude an employment contract only on the basis of a finding of the competent health authority which determines his ability to perform
jobs for which he concludes an employment contract and that such jobs are not harmful to his health.
Internal notification
Article 23
(1) An employer who has employed a person for a definite period of time, and has a vacancy for an indefinite period of time, shall timely inform the employees at the advertising position in
at the seat of the employer, ie in its organizational unit, if the possibility arises.
(2) An employer who has employed a part-time person, and has a full-time vacancy, shall timely inform the employees of
advertising space in the seat of the employer, ie in its organizational unit, if the possibility arises.
(3) The employer shall consider every request of the employee, which has been submitted in accordance with para. 1 and 2 of this Article, if the possibility arises.
Registration and public advertising
Article 24
(1) The employer is obliged to report the vacancy to the Employment Bureau, in the manner and according to the procedure determined by a special law.
(2) The Employment Service is obliged, at the request of the employer, to publicly announce the vacancy, in accordance with a special law.
(3) Notwithstanding paragraph 2 of this Article, the Employment Service is obliged to publicly announce a vacancy in a company, public institution and other public service, whose founder or
majority owner of the state, ie local self-government unit, in accordance with a special law.
(4) The following shall not be considered vacancies, in terms of paragraph 1 of this Article and Article 23 of this Law:
1) when there is a need to conclude a new employment contract with the same employee after the expiration of the previous employment contract;
2) when there is a need for the employee to be reassigned to another job with the same employer;
3) taking over the employee on the basis of the agreement of the employers, with his consent;
4) takeover of employees in case of change of employer referred to in Article 108 of this Law.
(5) The obligation referred to in paragraph 3 of this Article shall not apply to natural persons in sports, in accordance with a special law.
(6) In the case referred to in para. 2 and 3 of this Article, a public announcement may not last shorter than three days.
Obligation to submit evidence
Article 25
(1) A person who intends to conclude an employment contract is obliged to submit to the employer evidence of the fulfillment of the conditions for work on the jobs for which he establishes an employment relationship determined by the act on
internal organization and systematization of jobs.
(2) The employer may not request from the person data on family or marital status and family planning, as well as the submission of documents and other evidence that are not from
of immediate importance for the performance of work for which he establishes an employment relationship, ie concludes an employment contract, or giving a statement on the termination of the employment contract by that person.
Notification
Article 26
The employer shall notify the participants in the announcement of the selection of candidates within 45 days from the day the deadline for submitting the application expires.
Ad cancellation
Article 27
The employer may make a decision on the annulment of the vacancy announcement within a period of 45 days from the day of its publication, due to changes in regulations, acts on internal
organization and systematization or other justified circumstances that arose after the publication of the advertisement.
Preliminary performance test
Article 28
A preliminary check of working abilities, as a special condition for work, can be carried out if it is foreseen by the vacancy announcement.
2. Concluding employment contracts
Establishing an employment relationship
Article 29
(1) An employment relationship is established by concluding an employment contract and entering employment.
(2) The employment contract is concluded by the employee and the employer.
(3) The employment contract shall be considered concluded when it is signed by the employee and the employer or a person authorized by him.
(4) The employer is obliged to hand over one copy of the employment contract to the employee on the day of starting work.
Concluding an employment contract before starting work
Article 30
(1) The employment contract is concluded before starting work, in writing.
(2) If the employer does not conclude an employment contract with the employee in accordance with paragraph 1 of this Article, it shall be considered that the employee has established an employment relationship for an indefinite period of time on the day of entry
to work.
(3) In the case referred to in paragraph 2 of this Article, the employer is obliged to, within five days from the day of starting work, conclude an employment contract for an indefinite period of time.
(4) In the event that the employee referred to in paragraph 2 of this Article does not meet the conditions for work at the workplace, provided by the act on internal organization and systematization of workplaces, the employer is
obliged to provide him with one of the rights from Article 167, paragraph 2, item 6 and Article 169 of this Law.
(5) In the event that there are obstacles to the employment referred to in Article 21 of this Law, the employer shall not be obliged to pay the severance pay referred to in Article 169 of this Law.
Contents of the employment contract
Article 31
(1) The employment contract shall contain:
1) name and seat of the employer;
2) name and surname of the employee, place of residence or stay of the employee;
3) unique personal identification number of the employee, ie personal identification number in case the employee is a foreigner;
4) qualification of the level of education, ie professional qualification required for that position;
5) job title and job description that the employee should perform;
6) place of work;
7) time for which the employment contract is concluded (for an indefinite or definite period of time);
8) duration of the fixed-term employment contract and the basis for concluding the fixed-term employment contract;
9) day of starting work;
10) working hours (full, part-time or part-time);
12) length of the notice period in case of termination of the employment contract;
13) names of collective agreements applicable to the employer;
14) the amount of the coefficient, the amount of the basic salary, the basis for increasing the salary, the time of payment of the salary and other income of the employee;
15) rights, obligations and responsibilities of the employee and the employer related to protection and health at work.
(2) Other rights and obligations may be agreed upon in the employment contract, in accordance with the law and the collective agreement.
Getting started
Article 32
(1) The employee exercises the rights and obligations from the employment relationship on the day of starting work.
(2) If a person does not start work on the day determined by the employment contract, it shall be considered that he has not established an employment relationship, unless he is prevented from starting work for justified reasons in accordance with this
by law or if the employer and the employee agree otherwise.
(3) The employer shall enable the entry into employment of a person with whom he has concluded an employment contract, and who did not enter employment on the day provided for in the employment contract due to:
- death of a family member;
- hospital treatment;
- responds to the call of a state body;
- interruption of traffic caused by a natural disaster (earthquake, flood, etc.).
(4) A member of the immediate family in terms of paragraph 3, indent 1 of this Article shall be considered: spouse, children (married, illegitimate, adopted and stepchildren), brothers, sisters, parents and adoptive parents.
(5) The person shall start working when the reasons referred to in paragraph 3 of this Article cease, and in the event of the death of a close family member within seven working days.
(6) The person referred to in paragraph 3 of this Article shall, within 24 hours from the day provided for in the employment contract, inform the employer of the reasons for not starting work on the day provided
employment contract.
Applying for social security
Article 33
(1) The employer is obliged to register the employee for compulsory social insurance (health, pension and disability insurance and unemployment insurance) in accordance with the law,
with the day of starting work, and to submit the application to the competent authority within eight days from the day of starting work.
(2) The employer is obliged to deliver a copy of the application referred to in paragraph 1 of this Article to the employee no later than five days from the day of issuance by the competent authority.
(3) The employer is obliged to deregister the employee from social insurance in accordance with a special regulation.
3. Types of employment contracts
Probation
Article 34
(1) The employment contract may provide for probationary work for the performance of workplace jobs.
(2) The trial operation may not be longer than six months, except for a crew member of the long-distance merchant navy, which may last longer, ie until the return of the ship to the home port.
(3) The duration of the probationary period and the manner of conducting the probationary period shall be determined by a collective agreement with the employer or an employment contract.
Employee rights during probation
Article 35
(1) The employee, during the probationary period, has all the rights and obligations arising from the employment relationship, in accordance with the jobs he / she performs.
(2) The employer shall evaluate the working and professional abilities of the employee on probation.
(3) It is considered that the employee has satisfied the probationary period if the employer has not issued an individual act by the expiration of the time provided for the probationary period stating that the employee has not
satisfied on probation.
(4) An employee who does not satisfy his / her job during the probationary period shall have his / her employment terminated on the day of the expiration of the probationary period.
(5) Notwithstanding paragraph 4 of this Article, during the probationary period, each contracting party may terminate the employment contract even before the expiration of the probationary period, in accordance with the collective
contract and employment contract.
(6) In the case referred to in paragraph 5 of this Article, the notice period is at least five days.
Indefinite employment contract
Article 36
(1) An employment contract shall be concluded for an indefinite period of time.
(2) An employment contract for an indefinite period of time shall be binding on the contracting parties until one of them terminates it or until it ceases to be valid in another manner determined by this Law.
(3) If the employment contract does not specify the time for which it was concluded, it shall be deemed to have been concluded for an indefinite period of time.
Fixed-term employment contract
Article 37
(1) An employment contract may exceptionally be concluded for a definite period of time, the termination of which is determined in advance by a deadline, the performance of a specific job or the occurrence of a specific event.
(2) An employer may not conclude one or more employment contracts with the same employee if their duration, continuously or intermittently, is longer than 36 months.
(3) An interruption shorter than 70 days shall not be considered an interruption in the sense of paragraph 2 of this Article.
(4) The period referred to in paragraph 2 of this Article shall also be considered the time that the employee was temporarily transferred to the employer through the agency for the transfer of employees.
(5) The period referred to in paragraph 2 of this Article does not include internship, the time for which the employment contract has been extended due to temporary incapacity for work on the basis of maintenance of pregnancy,
maternity, parental, ie adoptive or foster leave.
(6) Notwithstanding paragraph 2 of this Article, an employment contract may be concluded for a definite period of time and for more than 36 months if this is necessary due to the replacement of a temporarily absent certain
employee, performing seasonal work and working on a particular project until the end of that project.
(7) The restrictions referred to in paragraph 2 of this Article shall not apply to the employment contract of the director as well as to the contracts concluded by the agency for temporary assignment of employees for the purpose of assignment.
employees and employment contracts with athletes.
(8) An employee who has concluded a fixed-term employment contract has the same rights, obligations and responsibilities from work and on the basis of work as an employee who has concluded a fixed-term employment contract.
indefinitely.
(9) Seasonal jobs are jobs that are performed in seasonal activities, such as agriculture, tourism, forestry and other activities, in which the performance of activities is
related to one period during the year, lasting no longer than eight months during the year.
Transformation of an employment contract from a fixed-term contract into an employment contract for an indefinite period of time

Article 38
(1) If a fixed-term employment contract or an employee's assignment agreement is concluded contrary to Article 37 para. 2 and 9 and Article 54, paragraph 4, item 3 and 4 of this law or if employees
continues to work for the employer after the expiration of the term for which he concluded the employment contract or the agreement on the assignment of the employee, it is considered that he has established an employment relationship for an indefinite period of time.
(2) In the case referred to in paragraph 1 of this Article, the employer shall, within five days from the day when the irregularity was determined, ie the previous employment contract with the employee expired, conclude
employment contract for an indefinite period.
Director's employment contract
Article 39
(1) The director concludes an employment contract for a definite or indefinite period of time.
(2) Employment for a definite period of time lasts until the expiration of the term for which the director was elected, ie until his dismissal.
(3) The contract referred to in paragraph 1 of this Article shall be concluded with the director, on behalf of the employer, by the competent authority determined by law or the general act of the employer.
Employment contract for performing work under special conditions
Article 40
(1) An employment contract may be concluded for jobs with special working conditions only if the employee meets the conditions for work on those jobs.
(2) An employee may work on the jobs referred to in paragraph 1 of this Article only on the basis of a previously determined health condition and mental ability to work on those jobs by
competent authority, in accordance with the law.
Part-time employment contract
Article 41
(1) An employment contract may be concluded part-time, for an indefinite or definite period of time.
(2) An employee who works part-time has all the rights from work and on the basis of work, as well as an employee who works full-time, who performs the same work or work of the same value and who
has the same type of employment contract or employment relationship, in accordance with the qualification of the level of education, ie professional qualification and length of service in accordance with the time
carried out at work by the employer, unless a greater scope of rights is provided for individual rights, in accordance with the applicable law or collective agreement, or where applicable
objectively justified.
(3) Discrimination against persons who have concluded a part-time employment contract is prohibited.
(4) The employer is obliged to consider, if possible, the offer of the annex of the employee who has concluded a part-time employment contract, for the conclusion of an employment contract at
full-time employment, as well as the offer of an annex to an employee who has a full-time employment contract, for the conclusion of a part-time employment contract, if for such
the type of job an opportunity arises.
(5) If the employer does not have a full-time employee who performs the same work or work of the same value, the rights from work and on the basis of the employee's work shall be determined in accordance with
applicable law and collective agreement, or, in the absence of such a collective agreement, in accordance with the law, collective agreement or practice.
(6) An employer who employs part-time employees is obliged to provide measures that facilitate access to part-time work at all levels
company, including skilled work and management positions, and if possible, which facilitate access to part-time training for employees
to increase career development opportunities and professional mobility.
Employment contract for work outside the employer's premises
Article 42
(1) An employment relationship may be established for the performance of work outside the premises of the employer, when the nature of the work allows it.
(2) Employment for performing work outside the premises of the employer includes work at a distance and work from home.
(3) The employment contract concluded in terms of paragraph 1 of this Article, in addition to the data referred to in Article 31, paragraph 1 of this Law, shall also contain data on:
1) type of work and manner of work organization;
2) working conditions and manner of performing work supervision;
3) use of own funds for work and reimbursement of expenses for their use;
4) reimbursement of other costs related to the performance of activities and the manner of their determination; i
5) other rights and obligations.
Records of employment contracts for performing work outside the employer's premises
Article 43
(1) The employer is obliged to keep records of the employment contract referred to in Article 42 of this Law and to inform the administrative body responsible for inspection supervision (hereinafter:
labor inspection).
(2) The labor inspection may prohibit the employer from performing work outside the employer's premises when there is an immediate danger to the life and health of employees and if that work endangers
environment.
Employment contract with a foreigner
Article 44
An alien may conclude an employment contract if he meets the conditions determined by this law, a special law and international agreements.
Employment contract for performing household chores
Article 45
(1) An employment contract may be concluded for the performance of household chores.
(2) The employment contract referred to in paragraph 1 of this Article may contract the payment of part of the salary in kind, which is fair and reasonable, which the employee contracts for himself and for his own benefit, in order to
achieving social security.
(3) If the employee lives in the accommodation unit of the household in which he / she has concluded an employment contract, it is not allowed to reduce the salary on the basis of accommodation, unless the employee is otherwise
agreed.
(4) By the employment contract, the value of the part of the payment of wages in kind should be expressed in money.
(5) The minimum percentage of monetary salary shall be determined by the employment contract and may not be lower than 50% of the employee's salary.
(6) If the salary is contracted partly in cash and partly in kind, during the absence from work, the employer is obliged to pay the employee compensation for salary in cash.
Employment as an intern
Article 46
(1) The employer may conclude with a person who for the first time establishes an employment relationship in a certain level of education, ie qualification of the level of education or professional qualification.
fixed-term employment contract in the capacity of trainee, for the purpose of training for independent performance of work and work tasks in accordance with the law and the collective agreement.
(2) A person who establishes an employment relationship for the first time, unless otherwise prescribed by law, shall have an internship:
1) nine months, for VI and VII level of education qualification; i
2) six months, for other qualification levels.
(3) The internship is extended in case of absence from work due to: temporary incapacity for work according to the regulations on health care and health insurance and maternity leave,
parental, adoptive and foster leave.
4. Modification of agreed working conditions
Annex to the employment contract
Article 47
(1) The employer and the employee may offer an amendment to the employment contract (hereinafter: the annex to the contract), for the following reasons:
1) assignment to another appropriate job, due to the needs of the process or organization of work;
2) assignment to another place of work for a suitable job with the same employer, if the activity of the employer is of such a nature that the work is performed in places outside the seat of the employer,
or its organizational part, in terms of Article 50 of this Law;
3) changes related to earnings;
4) transformation of employment contracts from fixed to indefinite;
5) extension of the employment contract with a fixed-term employee for a period of up to 36 months;
6) change of the employment contract with the employee from part-time to full-time, ie from full-time and part-time;
7) assignment of an employee to a job with a higher level of education qualification in relation to the existing qualification, based on education, professional training and
training;
8) determining the prohibition of competition;
9) extension of the employment contract with an employee who exercises the right to temporary incapacity for work on the basis of pregnancy maintenance, maternity, parental, adoptive and foster care
absence, in accordance with the law;
10) extension of the employment contract after reaching the age of 67 if the employee has not completed 15 years of insurance until the fulfillment of that condition;
11) in other cases determined by a collective agreement or employment contract, or in other cases when there is an agreement between the employee and the employer.
(2) For the purposes of this Law, an appropriate job is considered to be a job for the performance of which the same level of education qualification is required, ie professional education qualification.
Offer to amend the employment contract
Article 48
(1) The bid referred to in Article 47, paragraph 1 of this Law shall be submitted in writing and shall contain: the reasons for the bid, the deadline within which the other party must state its opinion on the bid and the legal consequences
they may arise by rejecting the offer, if they are provided by this law.
(2) Along with the offer referred to in paragraph 1 of this Article, the employer, ie the employee shall be obliged to submit to the offered party the proposal of the text of the annex to the contract.
(3) The offered party is obliged to declare itself on the offer for concluding the annex to the contract and submit the signed proposal of the annex to the contract within a period which may not be shorter than eight working days, from
the day of submission of the bid.
(4) It shall be considered that the offered party has rejected the offer, if it does not declare itself within the deadline referred to in paragraph 3 of this Article.
(5) If the offered party accepts the offer, an annex to the contract shall be concluded, which shall become an integral part of the employment contract.
(6) The employment contract with the accompanying annexes to the contract may be replaced by a new, consolidated text of the employment contract, signed by the employer and the employee.
(7) The employee has the right to challenge the annex to the contract with the labor inspection, the Agency for peaceful settlement of labor disputes, the Center for Alternative Dispute Resolution or the competent
court, within 15 days from the date of conclusion of the annex to the contract.
Scheduling in emergencies
Article 49
(1) If it is necessary to perform a certain job without delay, the employee may be temporarily assigned to other appropriate jobs on the basis of a written order of the employer,
without offering an annex to the contract, for a maximum of 30 days over a period of 12 months.
(2) In the case referred to in paragraph 1 of this Article, the employee shall retain the salary determined for the position from which he is assigned, if it is more favorable for the employee.
Deployment to another place of work
Article 50
(1) An employee may be assigned to another place of work, provided that:
1) the activity of the employer of such a nature that the work is performed in places outside the seat of the employer, ie its organizational part;
2) distance from the place where the employee works to the place where he is transferred to work, less than 60 km;
3) organized regular transport that enables timely arrival to work and return from work; i
4) provided compensation of transport costs in the amount of the price of the transport ticket by the employer.
(2) An employee may be assigned to another place of work and in other cases only with his written consent.
(3) A pregnant employee, an employee who has a child up to five years of age and a single parent who has a child under the age of seven, an employed parent, adoptive parent or foster parent, or
a guardian who has a child with developmental disabilities and an employed person with a disability cannot be assigned to work in another place outside the place of residence, ie residence, without their
written consent.
Takeover of employees
Article 51
(1) An employee may, with his consent, on the basis of an agreement between employers, be hired by another employer.
(2) The employee referred to in paragraph 1 of this Article shall conclude an employment contract with another employer before starting work with that employer.
5. Temporary work
Agency for temporary assignment of employees
Article 52
(1) Assignment of employees for temporary performance of work with another employer (hereinafter: user) may be performed by the agency for temporary assignment of employees (hereinafter
text: Agency).
(2) The Agency is an employer that concludes an employment contract with an employee, in order to assign it to a user for a certain period of time.
(3) The assigned employee, in terms of this Law, is an employee who has signed an employment contract with the Agency for the purpose of assignment to the user.
(4) The act on the internal organization and systematization of jobs of the Agency does not contain jobs for assigned employees.
(5) When performing the activities referred to in paragraph 1 of this Article, the Agency may not charge the employee compensation for his assignment to the user, nor compensation in case of concluding an employment contract.
between the assigned employee and the user.
(6) The Agency shall submit to the state administration body responsible for labor affairs (hereinafter: the Ministry) statistical data on the performance of activities referred to in paragraph 1 of this Article, by
April 30 of the current year for the previous year.
(7) The detailed content, manner and deadline for submission of data referred to in paragraph 6 of this Article shall be prescribed by the Ministry.
Conditions for the work of the Agency
Article 53
(1) The Agency shall be entered in the register kept by the Ministry.
(2) The Agency may perform the tasks of assigning employees to the user only under the condition that it performs those tasks as the only activity and that it has a work permit which, at the proposal of the Commission
for issuing and revoking work permits, issued by the Ministry.
(3) The commission referred to in paragraph 2 of this Article has three members and a secretary, who are officials of the Ministry.
(4) The members of the Commission and the secretary referred to in paragraph 3 of this Article have the right to remuneration for their work, in accordance with the law.
(5) The Ministry shall decide on the application for the issuance of a work permit within 15 days from the day of submission of the application.
(6) More detailed conditions, manner and procedure of issuing and revoking a work permit and keeping records of issued and revoked permits, as well as the manner of work of the Commission shall be prescribed by the Ministry.
Employee Assignment Agreement
Article 54
(1) An agreement between the Agency and the user shall be concluded for the performance of the assignment of employees.
(2) The agreement referred to in paragraph 1 of this Article shall contain, in particular:
1) number of employees assigned to the user;
2) the time period for which the employee is assigned;
3) place of work;
4) tasks that employees will perform;
5) application of occupational safety and health measures at the workplace where the employee will perform work; i
6) the manner and time in which the user is obliged to submit to the Agency the calculation for the payment of salaries, as well as the regulations that apply to the user to determine salaries.
(3) The agreement referred to in paragraph 1 of this Article may regulate the rights and obligations of the Agency and the user for certain issues from the employment relationship with the assigned employee.
(4) The agreement referred to in paragraph 1 of this Article may not be concluded in the case of:
1) replacement of employees who are on strike with the beneficiary, in accordance with a special law;
2) assignments of an employee for the performance of tasks for which the user has terminated employment contracts in the previous period of six months due to redundancy;
3) assignment of an employee who has already been hired by the beneficiary on the basis of an assignment agreement for a period of 24 months;
4) assignment of an employee who has been employed by the beneficiary for a period of 24 months;
5) performing jobs which, according to the regulations on protection and health at work, are jobs with special working conditions, and the assigned employee does not meet those special conditions;
6) performing activities from the activities of the Agency;
7) if the beneficiary employer is the founder or has a share in the ownership of the Agency; i
8) and in other cases that are not in accordance with the general interest, and are determined by the collective agreement which is binding on the user.
(5) Restriction from paragraph 4 item. 3 and 4 of this Article, does not apply to cases of performing seasonal work.
Employment contract for performing work through the Agency
Article 55
(1) The Agency may conclude an employment contract with an employee for a definite or indefinite period of time, in accordance with this Law.
(2) The employee exercises the rights from work and on the basis of work with the Agency.
(3) The employment contract referred to in paragraph 1 of this Article, in addition to the data referred to in Article 31, paragraph 1 of this Law, must also contain the following data:
1) that the contract is concluded for the purpose of assigning the employee for temporary performance of certain tasks with the user; i
2) obligations of the Agency towards the employee during the time for which he was assigned to the user.
(4) The salary of an employee who is assigned to a user may not be less than the salary of an employee of a user who is employed in the same or similar jobs with the same level
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educational qualifications, ie professional educational qualifications.
(5) During the time for which he was not transferred to the user through no fault of his own, the employee is entitled to compensation of salary as if he were at work.
(6) Other rights and obligations of the employee assigned to the user may not be more unfavorable in relation to the rights and obligations of the employees of the user.
Protection of the employee assigned to the user
Article 56
(1) The termination of the employee's need for work with the user, before the expiration of the time for which he was assigned, cannot be a reason for termination of the employment contract.
(2) An employee who considers that a right from work has been violated during his work with the user and on the basis of work exercises the protection of that right in accordance with Art. 139, 140, 141 and 142 of this
of the law.
Obligations of the Agency towards the employee
Article 57
(1) The Agency is obliged to acquaint the employee with the content of the agreement in the part related to the rights and obligations of the employee.
(2) Before sending the employee to the user, the Agency is obliged to acquaint the employee with all risks of performing work with the user, which are related to protection and health at work and in that
for the purpose of enabling him to work in these jobs, in accordance with the regulations on protection and health at work, unless the agreement on the assignment of the employee stipulates that he will perform these obligations.
user.
(3) The Agency is obliged to acquaint the employee with new work technologies for performing the tasks that the employee will perform, unless the assignment agreement does not
downloaded by the user.
(4) The Agency is obliged to pay the employee the agreed salary for the work performed by the user and in the case when the user does not submit to the Agency the calculation of the agreed salary, ie not
settle obligations to the Agency.
(5) In the case referred to in paragraph 4 of this Article, the Agency has the right to require the beneficiary to collect the paid funds to the employee.
(6) Employees of the Agency shall exercise the right to organize a trade union, in accordance with the law.
User obligations
Article 58
(1) In relation to the employee, the user is considered an employer in terms of the obligation to apply regulations governing protection and health at work and special protection of certain categories.
employees.
(2) The user is obliged to, at least once in six months, inform the trade union, ie the employee representative about the number and reasons for hiring the assigned employees.
(3) The user shall inform the assigned employees on the notice board about the vacancies for which they meet the conditions.
(4) Employees who are engaged with the beneficiary through the Agency equally participate in determining the conditions for acquiring the representativeness of the trade union, under the same conditions as if they were
employees of the user, in accordance with the law.
Compensation of damages
Article 59
(1) If the employee suffers damage at work and in connection with work with the user, he shall receive compensation for damage at the Agency, unless otherwise regulated by the agreement referred to in Article 54 of this Law.
(2) The damage caused by an employee at work and in connection with work with the user to a third party shall be compensated by the user.
(3) The Agency shall be liable for the damage caused by the employee at work and in connection with work to the user, in accordance with the law.

III. RIGHTS AND OBLIGATIONS OF EMPLOYEES
1. Working hours
The concept of working time
Article 60
(1) Working time is the time period in which the employee performs the tasks and duties of the job for which he has established an employment relationship, as well as the time in which the employee is on
at the disposal of the employer, whether he is at his place of work or at another place determined by the employer (on duty).
(2) Working time shall not be considered the time in which the employee is ready to respond to the employer's invitation to perform work if such a need arises, whereby there is no
at the place where his work is performed, nor at another place determined by the employer (readiness).
(3) The duration of readiness and the amount of salary increase on that basis shall be determined by a collective agreement.
(4) The time that the employee spends during the standby time in performing work at the invitation of the employer shall be considered working time in terms of paragraph 1 of this Article, including the time that
he needs it for the journey from his place of residence to his place of work.
Full time
Article 61
(1) Full-time work is 40 hours in a working week, unless otherwise determined by this Law.
(2) The collective agreement may determine full-time work shorter than 40 hours in a working week.
Part-time
Article 62
(1) Part-time work of an employee is any working time shorter than full-time work.
(2) A part-time employment contract may not be concluded for a period shorter than 1/4 (10 hours) of full-time work.
(3) The restriction referred to in paragraph 2 of this Article shall not apply to the employment contracts of the director.
(4) Jobs where a part-time employment contract is concluded shall be determined by an act on internal organization and systematization of jobs, depending on
the nature of work and the organization of work.
(5) An employee may, within a 40-hour working week, conclude several part-time employment contracts with several employers and thus achieve full-time work.
(6) The manner of exercising the rights and obligations and the schedule of working hours of employees who have concluded an employment contract, in terms of para. 2 and 5 of this Article, may be regulated by an agreement of the employers.
Part-time work
Article 63
(1) At a workplace where, with the application of safety and health measures at work, it is not possible to protect the employee from harmful influences, working hours may be shortened in proportion to the harmful
the impact of working conditions on the health and working ability of the employee, up to 36 hours in the working week.
(2) The job referred to in paragraph 1 of this Article is a job determined by an act on the internal organization and systematization of jobs in accordance with a special regulation.
(3) An employee who works part-time referred to in paragraph 1 of this Article shall have the same rights from work as an employee who works full time.
(4) An employee who works on the jobs or workplace referred to in paragraph 1 of this Article may not work overtime on those jobs, nor may he conclude a contract on such jobs.
work for another employer.
Overtime
Article 64
(1) The working hours of an employee may last longer than the contracted working hours (hereinafter: overtime work), in the event of a sudden increase in the volume of work, as well as in the case of
force majeure, and in other exceptional cases.
(2) Overtime work shall be introduced by a written decision of the employer before the beginning of that work.
(3) If due to the urgency of performing the work it is not possible to determine overtime work by a written decision, the employer shall inform the employees orally that he is obliged to
to deliver a written decision to the employee later, and no later than three working days after the cessation of the circumstances due to which overtime work was introduced.
(4) The decision, ie the notification referred to in para. 2 and 3 of this Article contain: the reason for the introduction of overtime work, the list of employees engaged in overtime work and the start time
overtime.
(5) The employer is obliged to inform the labor inspector about the introduction of overtime work within three days from the day of making the decision on the introduction of overtime work.
(6) Overtime may last only as long as it is necessary to eliminate the causes for which it was introduced, provided that working hours may not exceed 48 on average.
hours per week, over a period of four months.
(7) In the case referred to in paragraph 6 of this Article, the maximum duration of weekly working hours may not exceed 50 hours.
(8) Notwithstanding paragraph 7 of this Article, the collective agreement may provide for a maximum duration of 250 hours per year.
(9) In the case referred to in paragraph 1 of this Article, the employer is obliged to provide the employee with the exercise of the right to rest, in accordance with Art. 75 and 76 of this law.
(10) After the cessation of the circumstances referred to in paragraph 1 of this Article, the employer is obliged to provide the employee with the use of unused vacations, in accordance with this Law.
A different arrangement of working hours
Article 65
A special law may regulate a different duration and schedule of working hours for employees in health care institutions and bodies for the execution of criminal sanctions, in accordance with
Article 60 of this law.
Prohibition of overtime work
Article 66
The labor inspector shall prohibit overtime work, if he determines that it was introduced contrary to the provisions of Art. 64 and 65 of this law.
Working hours schedule
Article 67
(1) The decision on the schedule of working hours, the beginning and end of work, the redistribution of working hours, part-time work and the introduction of overtime work shall be made by the employer.
(2) The employer, the decision referred to in paragraph 1 of this Article, shall take taking into account the needs of the employee, depending on the type of work he performs, and to provide working conditions that do not lead to
injuries at work, occupational diseases and work-related illnesses that create preconditions for full physical and mental protection of employees.
(3) The employer is obliged to make a written decision on the schedule of working hours of employees and their schedule by shifts, if the work of that employer is organized by shifts.
(4) The employer is obliged to inform the employees about the decision referred to in paragraph 3 of this Article in an appropriate manner (via a bulletin board or electronically) at least seven days in advance,
except in cases of urgent and urgent need for work.
(5) The decision of the competent state body, ie the body of the local self-government unit shall determine the schedule, beginning and end of working hours in certain activities and on
certain jobs.
Redistribution of working time
Article 68
(1) Redistribution of working time may be performed when required by the nature of the activity, organization of work, better use of means of work, more rational use of working time and
execution of certain tasks within the set deadlines.
(2) In the cases referred to in paragraph 1 of this Article, the redistribution of working hours shall be performed in such a way that the working hours in one period are longer, and in another shorter than the contracted working hours.
time, provided that the average working time during the redistribution may not be longer than the working time of the employee provided for in the employment contract.
(3) The redistribution referred to in paragraph 2 of this Article may not be shorter than one month, nor longer than six months during a calendar year.
(4) Notwithstanding paragraph 3 of this Article, the redistribution of working hours may last for one year, if so provided by the collective agreement and with the provision of protection and health measures.
at work, in accordance with the law.
(5) In the case of redistribution of working time, working time during the period in which it lasts longer than full or part-time work, including overtime work, may not be longer
of 48 hours per week.
(6) Notwithstanding paragraph 5 of this Article, working hours during the period in which it lasts longer than full working hours may last up to 54 hours per week, or up to 60 hours.
weekly on seasonal jobs, if it is provided by the collective agreement and if there is a written consent of the employee.
(7) An employee who refuses to submit the written consent referred to in paragraph 6 of this Article may not suffer harmful consequences as a result.
(8) The employer is obliged to submit to the labor inspector, at his request, a list of employees who have given their written consent referred to in paragraph 6 of this Article.
(9) Redistributed working hours referred to in paragraph 6 of this Article in the period in which they last longer than the agreed working hours may last for a maximum of four months, unless collective
the contract does not stipulate otherwise, in which case it cannot last longer than six months.
(10) If the redistribution of working hours is not provided for in the collective agreement, the employer is obliged to determine the plan of the redistributed working hours, with an indication of the work and
employees involved in the rescheduled working hours and the period in which the work lasts longer, ie shorter, in accordance with paragraph 2 of this Article and to submit such a plan to the inspector in advance
work.
(11) Redistributed working hours are not considered overtime work.
(12) In the cases referred to in paragraph 1 of this Article, the employer is obliged to provide the employee with the right to vacations, in accordance with this Law.
(13) The time of annual leave and temporary incapacity for work shall not be included in the period referred to in para. 3, 4 and 9 of this Article.
Calculation of working hours
Article 69
(1) For jobs performed during rescheduled working hours, in the event that the employment contract is concluded for a definite period of time, the average working hours of the employee must
corresponds to the agreed full-time or part-time work.
(2) An employee whose work was terminated before the expiration of the time for which the redistribution of working time is performed has the right to have his working hours longer than full working time converted into
full-time in the total annual fund of hours and are recognized for exercising the right to a pension, and the rest of the hours of work are counted as overtime hours.
Night work
Article 70
(1) Work that is performed in the period from 10 pm to 6 am on the following day is considered night work.
(2) Night work is a special working condition.
(3) An employee who works at night for at least three hours of his daily working time, has the right to special protection, in accordance with the regulations in the field of protection and health at work.
(4) An employee referred to in paragraph 3 of this Article who works at night for a period of four months may not work at night for more than an average of eight hours during every 24 hours.
(5) An employee referred to in paragraph 3 of this Article who works at night who is exposed to special danger or heavy physical or mental effort during work may not work longer than eight hours within
a 24-hour period in which he works at night.
(6) The employer who organizes night work is obliged to inform the labor inspection about it.
Shift and double work
Article 71
(1) Shift work is work that implies the organization of work in which employees are replaced at the same job according to a certain schedule, which may be interrupted or
uninterrupted, including a rotating schedule, so they have to work at different times during a certain daily or weekly period.
(2) Double work is work that implies the employment of an employee with a break, at the same jobs and the same job, in accordance with the schedule of working hours.
(3) The employer whose work is organized in shifts that include night work, is obliged to provide replacement of shifts so that the employee in the night shift works for the longest time in a row
one working week.
(4) An employee who works in shifts is an employee of an employer with whom work in shifts is organized during one week or one month, in accordance with the work schedule.
time, and who does that work in different shifts.
Obligations of the employer towards employees working at night and in shifts
Article 72
(1) The employer with whom night work or work in shifts is organized, is obliged to take special care of the organization of work adapted to the employee, as well as of the conditions for protection and
health at work, in accordance with the nature of the work.
(2) The employer is obliged to provide the employees referred to in Article 70, paragraph 3 and Article 71, paragraph 4 of this Law with protection and health at work, in accordance with the nature of the work performed, as well as the means
protections and prevention that are appropriate and applicable to all other employees and that are available at all times.
(3) The employer is obliged to provide health examinations to the employee referred to in Article 70, paragraph 3 of this Law before the beginning of that work, as well as regularly during the night work, in accordance with
regulations on health insurance and health care.
(4) Notwithstanding paragraph 3 of this Article, employees referred to in Article 70, paragraph 3 of this Law who work at night on jobs with special working conditions, in accordance with the regulations on protection and health at work,
the health examination is performed in accordance with these regulations.
(5) The costs of the medical examination referred to in para. 3 and 4 of this Article, shall be borne by the employer.
(6) If the health examination referred to in para. 3 and 4 of this Article determines that the employees referred to in Article 70 para. 3 and 4 of this law due to night work there are health problems, the employer is obliged to
assign him to perform the same tasks outside of night work.
(7) If the employer cannot provide the employee with work in accordance with paragraph 6 of this Article, he is obliged to offer him work outside night work, which
correspond to his level of education, ie the level of qualifications and working ability, if such a possibility exists with the employer.
2. Rest
Rest during the working day
Article 73
(1) An employee who works full time has the right to rest during the working day for at least 30 minutes (break).
(2) An employee who works longer than four and shorter than six hours a day has the right to rest during the working day for at least 15 minutes.
(3) An employee who works at least six hours a day has the right to rest during the working day for at least 30 minutes.

(4) An employee who works longer than full time, and at least 10 hours a day, has the right to rest during the working day for 45 minutes.
(5) Rest during the working day may not be used at the beginning and at the end of working hours.
(6) The employee has the right to request from the employer, in accordance with religious and traditional beliefs, once a week the time of rest during the working day to be adjusted to a time appropriate
to practice the given rights and beliefs, if the nature of the work allows him to stop working.
(7) Rest time during a working day shall be included in working hours.
Pause usage schedule
Article 74
(1) Rest during the working day shall be organized in a way that ensures that work is not interrupted, if the nature of the work does not allow interruption of work and if work is done with the parties.
(2) The decision on the schedule and manner of using the leave during the working day shall be made by the competent body of the employer.
Daily rest
Article 75
The employee has the right to rest between two consecutive working days for at least 12 hours continuously.
Weekly vacation
Article 76
(1) The employee has the right to a weekly rest lasting at least 24 hours, to which the rest referred to in Article 75 of this Law is added and is used continuously.
(2) The rest referred to in paragraph 1 of this Article shall be used on Sundays and in the day preceding or following Sundays.
(3) If the nature of work and the organization of work so require, the employer shall determine other days for the use of leave referred to in paragraph 1 of this Article.
(4) In the case referred to in paragraph 3 of this Article, the employer is obliged to determine the schedule for the use of weekly rest and to inform the employee about it.
Appropriate vacation for mobile employees
Article 77
Mobile employees are entitled to regular rest periods, the duration of which is expressed in a unit of time and which are long enough and uninterrupted as employees due to fatigue and irregular
work schedule would not hurt themselves, their associates and others and so as not to harm their health in the short and long term, in accordance with a special regulation.
Deviations from the rules relating to daily and weekly rest
Article 78
(1) Exceptionally from Art. 75 and 76 of this Law, the employer may regulate differently the exercise of the right to daily and weekly leave in the following cases:
1) in activities related to the protection of property and persons, if the performance of activities requires a permanent presence;
2) in activities in which it is necessary to provide continuous production or provision of services, as follows:
- production, transmission, distribution and supply of electricity;
- employees in ports and airports;
- postal and telecommunication traffic;
- public electronic communications, in accordance with the law;
- information programs of the public broadcasting service;
- public utility services / activities (production and water supply, garbage collection, production, distribution and heat supply, funeral services, etc.);
- production, distribution and supply of oil, coal and gas;
- fire protection;
- health care;
- social and child protection;
- industrial activities in which work cannot be interrupted for technical reasons;
- institutions for the execution of criminal sanctions.
3) for employees in railway traffic:
- if they perform work intermittently;
- who spend working time on the train;
- whose working hours are related to the timetable and who take care that the traffic takes place continuously and regularly.
4) when an employee working in shifts changes shifts and cannot use the daily and / or weekly rest between the end of one and the beginning of the other shift.
(2) In the case referred to in paragraph 1 of this Article, the daily rest of an employee in uninterrupted duration may not be shorter than ten hours per day, and the weekly rest in uninterrupted duration may not be
be shorter than 20 hours.
(3) The employer is obliged to enable the employee to take alternative daily and weekly rest, after the expiration of the period of work in which he used a shorter daily or weekly rest.
rest.
Acquisition of the right to annual leave
Article 79
(1) An employee is entitled to paid annual leave.
(2) The duration of annual leave shall be determined in proportion to the time spent in employment.
(3) An employee is entitled to 1/12 of the annual leave for each started month of work with the employer if he / she establishes an employment relationship in that calendar year or his / her employment is terminated.
at the employer.
(4) When determining the annual leave in the manner referred to in paragraph 3 of this Article, at least half of the day of annual leave shall be rounded up to the entire day of annual leave, and more than half
months of work is rounded to the whole month.
(5) Temporary incapacity for work due to illness, maintenance of pregnancy, paid leave, maternity, parental, adoptive and foster leave, leave on state and religious days
holidays and absences due to responding to the invitation of state bodies are considered time spent at work to acquire the right to use annual leave.
(6) An employee may not waive the right to annual leave, nor may that right be denied to him.
(7) The right to annual leave may not be replaced by monetary compensation, except in the case of termination of employment.
Days that do not count as vacation
Article 80
(1) Annual leave for an employee is determined by the number of working days depending on the weekly schedule of working hours of the employee.
(2) When determining the length of annual leave, the working week shall be counted as five working days.
(3) Notwithstanding paragraph 2 of this Article, when determining the annual leave, the working week may last for six working days.
(4) Holidays that are non-working days, in accordance with the law, absence from work with salary compensation and temporary incapacity for work in accordance with the law shall not be included in the days of annual leave.
health insurance regulations.
Length of annual leave
Article 81
(1) In each calendar year, the employee has the right to annual leave determined by the collective agreement, ie employment contract for at least 20 working days.
(2) An employee who works part-time in terms of Article 63 of this Law, is entitled to annual leave lasting at least 30 working days.
(3) An employee who works six working days in the sense of Article 80, paragraph 3 of this Law has the right to annual leave for a period of 24 working days.
(4) The length of the annual leave shall be determined by the number of working days referred to in para. 1, 2 and 3 of this Article shall be increased on the basis of the criteria determined by the collective agreement and the employment contract.
Holidays in education
Article 82
(1) The annual leave of teaching and educational staff in educational institutions is used during the school holidays and may last as long as that holiday, but not shorter than
rest from Article 81 para. 1 and 4 of this law.
(2) When teaching and educational staff during school holidays are invited to professional development courses or to perform other tasks related to the preparations for the beginning
school year, as well as for the purpose of performing teaching and educational activities organized by the educational institution, the length of annual leave is determined in accordance with this law and
collective agreement.
Holiday use schedule
Article 83
(1) Depending on the needs of the work process, the employer, on the basis of the plan for the use of annual leave, which he is obliged to adopt by April 30 of the current year at the latest, decides on
during the use of annual leave, with prior consultation with the employee.
(2) Based on the plan referred to in paragraph 1 of this Article, the employer is obliged to issue a decision on the use of annual leave and to deliver it to the employee no later than 30 days before the day set.
to start using your vacation.
(3) Notwithstanding paragraph 2 of this Article, the decision on the use of annual leave may be submitted in a shorter period of time, if the employer and the employee agree.
(4) The employer may change the time set for the use of annual leave, if required by the needs of the work process, no later than five working days before the day set for
use of annual leave, with the consent of the employee.
(5) Notwithstanding paragraph 4 of this Article, in case of force majeure, the consent of the employee is not required.
Use of annual leave with several employers
Article 84
(1) The time of using the annual leave for an employee who works part-time with two or more employers shall be determined by the agreement of the employers.
(2) If the employers do not reach the agreement referred to in paragraph 1 of this Article, they are obliged to enable the employee to use the annual leave according to his request, whereby they are taken in
taking into account the needs of the work process with employers.
Use of annual leave in parts
Article 85
(1) Annual leave may be used in one or two parts.
(2) Notwithstanding paragraph 1 of this Article, at the request of the employee, annual leave may be used in several parts, if the work process with the employer allows it.
(3) If the employee uses the annual leave in parts, he uses the first part for at least ten working days continuously during the calendar year, and the other parts no later than 30.
June of the following year.
(4) If the employee did not use or interrupted the use of annual leave due to temporary incapacity for work according to the regulations on health insurance, leave from work due to care
child and special child care, has the right to use or continue to use the annual leave upon return to work, in accordance with the agreement reached with the employer, in
depending on the needs of the work process, and no later than 15 months after the end of the year in which he acquired the right to annual leave.
(5) If the employee has not used or has terminated the use of annual leave due to the use of the right to maternity, ie parental leave, adoption and foster leave,
the employer is obliged to enable him to exercise this right no later than 15 months from the day of return to work.
(6) If the employer has not enabled the employee to exercise the right to annual leave in accordance with para. 3, 4 and 5 of this Article, is obliged to provide it, upon the order of the labor inspector
exercising that right within 30 days from the day when the decision of the labor inspector was made.
Annual leave in case of termination of employment
Article 86
(1) An employee whose employment is terminated, ie an employment contract for the purpose of taking over work with another employer, shall use the annual leave with the employer for that calendar year
with which he has acquired the right, unless otherwise regulated by the agreement between the employee and the employer, ie by the agreement of the employers.
(2) The employer is obliged to provide the employee whose employment will be terminated, ie the employment contract, with the use of unused annual leave before the termination of employment.
(3) If the employer does not provide the employee with the exercise of the right to annual leave in accordance with para. 1 and 2 of this Article, the employee is entitled to compensation.
(4) The amount of compensation referred to in paragraph 3 of this Article shall be determined, depending on the length of unused annual leave, according to the average salary earned by the employee with that employer.
for the year or part of the year in which he acquired the right to use that annual leave.
3. Absences from work and suspension of rights and obligations
Paid leave due to personal needs
Article 87
(1) An employee has the right to leave from work with salary compensation (paid leave), in case of marriage, birth of a child, serious illness of a close family member, taking professional
exams related to the performance of work with the employer and in other cases determined by the collective agreement and employment contract.
(2) The duration of paid leave referred to in paragraph 1 of this Article shall be determined by a collective agreement and an employment contract.
(3) An employee has the right to paid leave of seven working days due to the death of a close family member.
(4) A member of the immediate family in the sense of para. 1 and 3 of this Article are considered: spouse, children (married, illegitimate, adopted and stepchildren), brothers, sisters, parents and adoptive parents.
(5) A serious illness in the sense of paragraph 1 of this Article shall mean a disease for which health care is provided in full from the funds of the compulsory health care
insurance, in accordance with a special law.
Unpaid leave
Article 88
(1) An employee has the right to unpaid leave from work during and in cases determined by the collective agreement and the employment contract.
(2) During the absence from work, in terms of paragraph 1 of this Article, the employee has the right to health insurance, and other rights and obligations from work and on the basis of work are suspended.
(3) The health insurance contribution referred to in paragraph 2 of this Article shall be paid by the employer.
Absence from work due to state and religious holidays
Article 89
(1) An employee has the right to be absent from work during state and religious holidays in accordance with the law.
(2) If the employee works during the holidays referred to in paragraph 1 of this Article due to the necessary needs of the work process, he has the right to increase the salary in accordance with the collective agreement and the contract on
work.
(3) An employer who organizes work on public and religious holidays, in accordance with the law, is obliged to make a written decision and inform the employee, the trade union at the employer and
labor inspection, within three days before the start of work.
(4) In the event that employees are hired through the Agency, the obligation to notify referred to in paragraph 3 of this Article is on the user.
(5) The obligation to inform the inspection referred to in paragraph 3 of this Article shall not apply to employers who perform the following activities:
1) production, transmission, distribution and supply of electricity;
2) postal traffic (universal postal services);
3) public electronic communications, in accordance with the law;
4) information programs of the public broadcasting service;
5) public utility services / activities (production and water supply, garbage collection, production, distribution and heat supply, funeral services, etc.);
6) production, distribution and supply of oil, coal and gas;
7) fire protection;
8) health and veterinary protection;
9) social and child protection;
10) fulfillment of obligations from confirmed international agreements.
(6) Notwithstanding paragraph 5 of this Article, the obligation to notify the inspection shall apply to health and veterinary care institutions whose founder is a domestic and foreign legal and natural person.
Absence from work due to health reasons
Article 90
(1) The employee has the right to be absent from work in cases of temporary incapacity for work, due to illness, injury at work or in other cases in accordance with the regulations on
health insurance.
(2) The employee has the right to be absent from work due to voluntary donation of blood, tissues and organs, in accordance with the law and the collective agreement.
(3) The employee is obliged to submit a certificate of a doctor of medicine in person or through another person no later than three days from the day of the occurrence of the temporary incapacity for work.
(4) The employee is obliged to submit the report on temporary incapacity for work within five days from the day of issuing the report.
(5) The doctor of medicine is obliged to issue the certificate referred to in paragraph 3 of this Article on the day of opening the temporary impediment to work.
(6) If the employer doubts the justification of the reasons for absence from work, he may submit a request to the competent authority for the purpose of reviewing the temporary incapacity for work, in
in accordance with health insurance regulations.
(7) The manner of issuance and the content of the certificate on the occurrence of temporary incapacity for work shall be prescribed by the state administration body competent for health affairs.
Suspension of rights and obligations from employment
Article 91
(1) An employee's rights and obligations from work and on the basis of work are suspended, if he is absent from work due to:
1) referrals to work abroad within the framework of international-technical or cultural-educational cooperation, to diplomatic, consular and other missions, as well as to professional training or
education, with the consent of the employer;
2) election, ie appointment to a state function, the performance of which requires temporary cessation of work with the employer, until the expiration of one term;
3) serving a prison sentence, security measures, educational or protective measures for up to six months; i
4) election to the professional position of an authorized trade union representative at the level of a representative branch trade union, ie a representative trade union at the state level, until the expiration
one term.
(2) The spouse of an employee who has been sent to work abroad in the sense of paragraph 1, item 1 of this Article shall also have the right to suspension of employment.
(3) The employee and the spouse of the employee have the right to return to work with the employer within 15 days from the day of termination of the reason for which the rights and obligations from work were suspended.
to the same or another job that corresponds to their level of education qualification, ie professional education qualification.
(4) The state function, in terms of paragraph 1, item 2 of this Article, means the functions: President of Montenegro; President of the Parliament of Montenegro; the President and members of the Government
Montenegro; ambassador; the mayor of the capital, ie the capital and the president of the municipality.
4. Training and development
Training for safe work
Article 92
(1) The employer is obliged to train the employee for safe work in accordance with the law.
(2) The training referred to in paragraph 1 of this Article shall, as a rule, be performed during working hours, if this is in accordance with the needs of the work process and the type of professional training.
Vocational training and advanced training
Article 93
(1) The employee is obliged to, in accordance with his abilities and needs of the work process, be professionally trained and advanced for work.
(2) The costs of professional training and advanced training shall be provided from the funds of the employer and other sources, in accordance with the law and the collective agreement.
(3) The professional training referred to in paragraph 1 of this Article shall be performed, as a rule, during working hours, unless the employer and the employee agree otherwise.
5. Earnings, salary compensation and other income
Earnings
Article 94
(1) An employee has the right to a salary which is determined in accordance with the law, the collective agreement and the employment contract.
(2) The salary earned by the employee for the work performed and the time spent at work, salary compensation and other benefits determined by the collective agreement and the employment contract constitute the gross salary
in terms of this law.
(3) Gross salary of an employee for work performed and time spent at work consists of: basic salary, special part of salary, salary increase and part of salary based on work
performance if achieved.
Basic earnings
Article 95
(1) Basic salary is the salary that an employee earns for full-time work, ie time that is equated with full-time work and standard work performance, in the prescribed
working conditions.
(2) The basic salary is obtained by multiplying the calculated value of the coefficient and the coefficient of job complexity, unless otherwise provided by a special law.
(3) The calculated value of the coefficient and the coefficient of job complexity shall be determined by a collective agreement, ie by a general act of the employer in the event that there is no collective agreement with
employer, unless otherwise prescribed by a special law.
A special part of the earnings
Article 96
(1) The special part of the salary is the part of the salary that the employee earns on the basis of compensation for food during work and 1/12 of the recourse for the use of annual leave and is an integral part of the minimum
earnings.
(2) The special part of the salary shall be determined by a collective agreement and may not be less than 70% of the calculated value of the coefficient determined at the level of Montenegro.
Performance
Article 97
(1) The work performance of an employee is determined on the basis of the quality and scope of work performed, as well as the commitment and attitude of the employee towards work obligations.
(2) The collective agreement with the employer, ie the general act of the employer in case there is no representative trade union at the level of the employer, determines the criteria and norms for
evaluation of the achieved work effects on jobs whose nature enables it and incentives for achieving higher work results, unless otherwise regulated by a special law.
(3) If the norms and criteria for the evaluation of the achieved work results have not been determined, it shall be considered that the employee has achieved a standard work performance during the time spent at work.
Increase in basic earnings
Article 98
(1) The basic salary of an employee shall be increased, in accordance with the collective agreement and the employment contract, on the basis of:
1) year of work experience (past work);
2) work at night;
3) work on the day of a state or religious holiday; i
4) overtime.
(2) Collective agreements and employment contracts may determine salary increases on other grounds as well.
Equality of earnings
Article 99
(1) An employee is guaranteed equal pay for the same work or work of the same value.
(2) Work of the same value means work for which the same level of educational qualification is required, ie professional qualification, responsibility, skills, working conditions and results
work.
(3) In case of violation of the right referred to in para. 1 and 2 of this Article, the employee is entitled to compensation in the amount of the unpaid part of the salary.
(4) The decision of the employer or the agreement with the employee which is not in accordance with para. 1 and 2 of this article are null and void.
Contracted earnings
Article 100
(1) The contracted salary is the salary that can be determined by the employment contract, with the director, manager or with another employee who performs tasks of special importance for
employer, as well as in other cases determined by the collective agreement.
(2) The salary referred to in paragraph 1 of this Article may include individual salary increases on the grounds referred to in Article 98 of this Law, if this is provided for in the employment contract.
Minimum wage
Article 101
(1) An employee is entitled to a minimum wage for standard work performance and full-time work, ie working time that is equated with full-time work in accordance with
by this law, the collective agreement and the employment contract.
(2) The minimum salary referred to in paragraph 1 of this Article may not be lower than 30% of the average salary in Montenegro in the previous half-year, according to the official data determined by the administrative body
in charge of statistics.
(3) The amount of the minimum wage referred to in paragraph 2 of this Article shall be determined by the Government of Montenegro (hereinafter: the Government) on the proposal of the Social Council of Montenegro, on an annual basis, based on
determining the level of minimum wages, as follows:
- general level of wages in the country;
- cost of living and changes in them;
- economic factors, including the requirements of economic development, the level of productivity and the need to achieve and determine a high level of employment.
Earnings compensation
Article 102
(1) The employee has the right to compensation of salary in the amount determined by the collective agreement and the employment contract during the absence from work due to: state and religious holidays in which
does not work; annual leave; paid leave; responding to calls from state authorities; professional training ordered by the employer, temporary incapacity during incapacity
for work in accordance with the regulations on health insurance and during the use of maternity, parental, adoptive and foster leave and leave for child care, in accordance with this
by law; interruption of work that occurred through no fault of the employee; refusal to work when the prescribed measures of protection and health at work have not been implemented; absences from work on the basis
pre-agreed participation in the work of bodies with the employer and trade union bodies; during retraining, retraining and training to work in other jobs while they last and
in other cases determined by law, collective agreement and employment contract.
(2) The employer has the right to reimbursement of funds on the basis of payment of salary of the employee referred to in paragraph 1 of this Article on the basis of temporary incapacity during incapacity
for work according to the regulations on health insurance, during the use of maternity, parental, adoptive and foster leave according to the regulations in the field of social and child protection.
(3) The employer has the right to a refund based on the payment of salary compensation referred to in paragraph 1 of this Article in case of absence of the employee from work due to responding to the call
of a state body, from the body to whose call the employee responded, unless otherwise provided by law.
(4) Notwithstanding paragraph 1 of this Article, an employee is not entitled to salary compensation during absence from work at the invitation of a state body, if such engagement is provided for
compensation from the state body at whose invitation he was absent.
Interruption of work without the fault of the employee
Article 103
(1) An employee is entitled to salary compensation during absence from work due to interruption of work that occurred through no fault of the employee in the amount of 60% of the basis for compensation, which is
his average salary earned in the previous half of the year and cannot be lower than the minimum salary in Montenegro.
(2) The interruption of work referred to in paragraph 1 of this Article shall mean: interruption due to problems in the business of the employer, interruption due to the prohibition of performing activities by the competent
state body, interruption caused by natural disasters and interruption in other cases provided by the collective agreement.
(3) In the case referred to in paragraph 1 of this Article, the employer is obliged to deliver to the employee a written act containing: the reason for the interruption of work, the duration of the interruption of work and the amount of salary compensation.
(4) The fee referred to in paragraph 1 of this Article may be paid for a maximum of four months during a calendar year.
(5) A collective agreement, ie an employment contract, may determine the salary compensation in the amount higher than the amount referred to in paragraph 1 of this Article.
Other income
Article 104
(1) The employee has the right to other remuneration related to work which is determined by the collective agreement, ie the employment contract.
(2) Other incomes referred to in paragraph 1 of this Article shall not be included in the calculation of the amount of severance pay.
Calculation and payment of salary and salary compensation
Article 105
(1) Salary and salary compensation shall be paid in cash, to the current account of the employee, within the deadlines determined by the collective agreement and the employment contract, and at least once a month.
(2) When paying the salary and salary compensation, the employer is obliged to hand over the salary calculation to the employee.
(3) An employer who on the due date could not pay the salary and salary compensation or does not pay them in full shall, by the end of the month in which the payment of the salary was due,
hand over to the employee the calculation of the salary he was obliged to pay, which has the force of an executive document.
Salary suspension and salary compensation
Article 106
(1) The employer may collect the claim against the employee by denying the salary or its part, or by denying the payment of the salary compensation or its part only after
conducted procedure in cases determined by law, on the basis of a final court decision or with the consent of the employee.
(2) An employee may be forcibly suspended from his / her salary or salary compensation for a maximum of one half for the purpose of compulsory maintenance, based on a final court decision, and for other
liabilities up to one third of salary or salary compensation.
Earnings records and earnings benefits
Article 107
The employer is obliged to keep monthly records on earnings and salary compensation, in accordance with the law.
6. Employee rights in case of change of employer
Change of employer
Article 108
(1) If due to a change of status or a legal transaction there is a change of employer or part of the employer, in accordance with the law, the successor employer shall take over from the predecessor employer
employees and is obliged to respect all rights and obligations of employees from the employment relationship that are valid on the day of taking over, as well as to enable trade union activities in accordance with the law.
(2) If the transfer of the employer or part of the employer referred to in paragraph 1 of this Article is performed in bankruptcy or reorganization proceedings, the rights transferred to the successor employer may be
reduced in accordance with a special regulation, collective agreement or agreement concluded between the trade union and the employer.
(3) If there is an established trade union with the employer or in the part of the employer which, after the change referred to in paragraph 1 of this Article, has retained its independence, it shall continue to operate under the same
conditions as before the change referred to in paragraph 1 of this Article, if it meets the conditions prescribed by law.
(4) If the employer or part of the employer who, after the change referred to in paragraph 1 of this Article, has not retained its independence and the continuation of the trade union is not possible, the employees whose
transfer employment contracts have the right to representation until the conditions for the establishment of a new union are created, ie until the expiration of the term of their previous representative.
(5) The predecessor employer is obliged to inform the employee in writing about the takeover referred to in paragraph 1 of this Article, no later than 15 days before the takeover.
(6) An employee who opposes the takeover of his employment contract is entitled to severance pay, in accordance with the law.
(7) The predecessor employer is obliged to inform the successor employer in writing about the rights of employees from the employment relationship whose employment contracts are being transferred.
(8) The failure of the employer of the predecessor to inform the employer of the successor in writing about the rights of employees from the employment relationship whose contracts are transferred, does not affect the exercise of the right
employees.
(9) The successor employer, jointly and severally with the predecessor employer, shall be liable for the obligations arising from the employment relationship with the employees, incurred up to the day of the transfer of the employment contract.
(10) The successor employer is obliged to conclude an employment contract with the employee referred to in paragraph 1 of this Article within five days from the day of taking over, whereby the employment contract is valid from the day
occurrence of legal consequences of the change of employer referred to in paragraph 1 of this Article.
(11) The employment contract referred to in paragraph 10 of this Article may not contain a smaller scope of rights than the contract concluded by the employee with the predecessor employer.
(12) If the employment contract is terminated due to a significant change in working conditions to the detriment of the employee, the employer shall be deemed to be responsible for the termination of employment.
(13) The change of employer referred to in paragraph 1 of this Article may not be a reason for termination of employment.
(14) An employee who refuses to conclude an employment contract within the period referred to in paragraph 10 of this Article with the successor employer, the predecessor employer shall terminate the employment contract.
(15) An employee, ie a representative of employees who has been damaged by non-fulfillment of obligations of the employer of the predecessor, ie the employer of the successor, has the right to initiate proceedings
before the competent court.
Application of the collective agreement of the predecessor employer
Article 109
(1) The successor employer is obliged to apply the collective agreement of the predecessor employer for at least one year from the day of the change of employer, under the same conditions as
applied to the predecessor's employer, unless before the expiry of that period:
1) the time for which the collective agreement was concluded with the employer of the predecessor expires;
2) a new collective agreement is concluded with the successor employer.
Obligation to notify unions
Article 110
(1) The predecessor employer and the successor employer are obliged to inform the trade union with the employer, ie the representative, no later than 30 days before the change referred to in Article 108 of this Law.
employees about:
1) the date of the change of employer;
2) reasons for changing employer;
3) legal, economic and social consequences of the change of employer for employees; i
4) all envisaged measures regarding employees whose employment contracts are transferred.
(2) If the predecessor employer or the successor employer envisages measures in relation to its employees, they shall be obliged to consult the trade union, ie
employee representatives in order to reach an agreement, in order to mitigate the socio-economic consequences on the position of employees.
(3) If there is no trade union with the employer of the predecessor, ie with the employer of the successor, the employer is obliged to inform the employees, ie the representatives of the employees, about
circumstances referred to in paragraph 1 of this Article.
(4) The obligation to notify referred to in para. 1 and 3 of this Article exist regardless of whether the decision on transfer was made by the employer himself or another employer who controls it.

IV. PROTECTION OF EMPLOYEES IN CASE OF BANKRUPTCY PROCEEDINGS
Outstanding receivables
Article 111
(1) The right to payment of unpaid receivables from the employer against whom bankruptcy proceedings have been initiated (hereinafter: receivables), in accordance with this Law, has an employee who is
was employed by the employer on the day of the opening of the bankruptcy proceedings, as well as the employee whose employment was terminated in the period of six months before the opening of the bankruptcy proceedings and
whose claims have been determined in accordance with the law governing bankruptcy proceedings.
(2) The rights referred to in paragraph 1 of this Article shall be exercised in accordance with this Law, if they have not been paid in accordance with the law governing bankruptcy proceedings.

(3) If the rights referred to in paragraph 1 of this Article have been partially paid in accordance with the law governing bankruptcy proceedings, the employee shall be entitled to the difference up to the level of rights determined by
this law.
Right to payment
Article 112
Page 3

(1) An employee has the right to payment:
1) salaries and salary compensations during absence from work due to temporary incapacity for work according to the regulations on health insurance, which the employer was obliged to pay in
in accordance with this law for each month that has not been paid, as well as the right to payment of contributions for mandatory pension and disability insurance for these claims under the regulations on
compulsory pension and disability insurance, for a period of six months before the opening of bankruptcy;
2) damages for unused annual leave due to the fault of the employer, for the calendar year in which the bankruptcy proceedings were initiated, if he had that right before the initiation of the bankruptcy proceedings
procedure;
3) severance pay due to retirement;
4) compensation for damages based on a court decision due to an injury at work or an occupational disease.
(2) The Labor Fund shall pay the employee the rights referred to in paragraph 1 of this Article, regardless of the completion of the bankruptcy proceedings.
(3) The rights referred to in para. 1 and 2 of this Article may not be exercised by the director and members of the management body at the employer, regardless of the time when they performed those tasks.
Payment amount
Article 113
(1) Salary and salary compensation referred to in Article 112, paragraph 1, item 1 and 2 of this Law shall be paid in the amount of the minimum wage, ie compensation for unused annual leave.
(2) The severance pay due to retirement referred to in Article 112, paragraph 1, item 3 of this Law shall be paid in the amount of two minimum wages in Montenegro.
(3) Compensation for damage referred to in Article 112, paragraph 1, item 4 of this Law shall be paid in the amount of compensation determined by a decision of the competent court.
The right to pay contributions
Article 114
(1) Employees of the employer against whom bankruptcy proceedings have been initiated and whose claims have been determined in accordance with the law governing bankruptcy proceedings shall be
pension and disability insurance for the years of work experience that he lacks for acquiring the conditions for retirement for which period his employer did not pay that contribution, the Fund pays
work, regardless of the end of the bankruptcy proceedings.
(2) The right referred to in paragraph 1 of this Article may be exercised by a person who, by submitting a request for exercising the right before the Labor Fund, has acquired one of the legal conditions for exercising the right to
pension.
(3) Notwithstanding Article 111, paragraph 2 of this Law, the Labor Fund shall be obliged to provide a person who has acquired one of the legal conditions for exercising the right referred to in paragraph 1 of this Article by submitting the request.
pay contributions, regardless of the end of the bankruptcy proceedings.
(4) The rights referred to in paragraph 1 of this Article may not be exercised by the director and members of the management body of the employer, regardless of the time when they performed those tasks.
(5) The body that decides on the procedure for exercising the rights from the pension and disability insurance is obliged to, at the request of the person referred to in paragraph 1 of this Article, issue data for exercising
rights in terms of paragraph 1 of this article.
(6) The basis for the payment of contributions referred to in paragraph 1 of this Article shall be the minimum wage in Montenegro, determined before submitting the request to the Labor Fund.
The right to payment of contributions for supplementary pension and disability insurance and contributions for family pension
Article 115
The Labor Fund is obliged to pay contributions for supplementary pension and disability insurance, including contributions for survivors' pensions, to the employee of the employer against whom it was initiated.
bankruptcy proceedings and whose claims have been determined in accordance with the law governing the bankruptcy proceedings, as well as the employee who was employed by that employer.
Jurisdiction
Article 116
(1) The Labor Fund is competent to exercise the rights referred to in Article 112 of this Law in accordance with the law.
(2) By payment of receivables from Art. 112 and 115 of this law, the Labor Fund appears as a creditor, in the procedure of collection of settled claims in bankruptcy proceedings against the employer.

V. EMPLOYEE PROTECTION
General protection
Article 117
The employee has the right to protection and health at work, in accordance with the law, the collective agreement and the employment contract.
1. Protection of persons with disabilities, youth and women
Special protection
Article 118
Employed persons with disabilities, employees under the age of 18 and employed women have the right to special protection of rights, in accordance with the law.
Protection of the rights of persons with disabilities
Article 119
(1) An employee with a disability shall be obliged by the employer, in accordance with the act on internal organization and systematization of jobs, to assign to jobs that correspond to his
the remaining working ability in the qualification of the level of education, ie professional qualification, in accordance with the assessment of the body of the competent body for determining disability.
(2) If an employed person with a disability cannot be assigned, in terms of paragraph 1 of this Article, the employer is obliged to provide him with other rights, in accordance with the law which
regulates the work training of persons with disabilities and the collective agreement.
(3) If an employed person with a disability cannot be assigned, nor can other rights be provided to him in accordance with para. 1 and 2 of this Article, the employer may declare him a person for
whose work has put an end to the need.
(4) A person with a disability whose work has ceased to exist, in accordance with paragraph 3 of this Article, is entitled to severance pay referred to in Article 169, paragraph 2 of this Law.
(5) An employed person with a disability may not be assigned to work in another place outside the place of residence or stay, without his consent.
(6) An employed person with a disability is entitled to paid annual leave lasting at least 26 working days.
Protection of an employee under 18 years of age
Article 120
(1) Employees under the age of 18 may not work at a workplace where mostly heavy physical work, underground or underwater work is performed, nor at
jobs that could adversely and with increased risk affect their health.
(2) An employee under the age of 18 may not be assigned to work in another place outside the place of residence or stay.
(3) A collective agreement with an employer, an employee under 18 years of age may determine working hours shorter than full working hours, in which case he
employment rights in full.
(4) An employee under the age of 18 may not be assigned to work overtime, ie for more than eight hours a day, or at night.
(5) An employee under the age of 18 who works at least four hours a day, has the right to a rest during work of at least 30 minutes continuously every working day.
(6) An employee under the age of 18 is entitled to a weekly leave of at least two consecutive days, one of which is a week.
(7) An employee under the age of 18 is entitled to annual leave of at least 24 working days.
Pregnancy and child care protection
Article 121
(1) The employer may not refuse to conclude an employment contract with a woman due to pregnancy, nor may it offer her an amendment to the employment contract due to pregnancy, birth or breastfeeding of a child under
more unfavorable conditions.
(2) The employer may not condition the establishment of an employment relationship, ie the conclusion of an employment contract with proof of pregnancy, unless these are jobs where there is a significant risk
for the health of women and children determined by the competent health authority.
(3) The employer may not request any information on pregnancy nor may it instruct another person to request it, unless the employee personally requests a certain right provided by law or
another regulation.
Free working day for prenatal examination
Article 122
(1) A pregnant employee has the right to one day of absence from work during the month for the purpose of performing prenatal examinations, unless otherwise determined by a special regulation.
(2) In the case referred to in paragraph 1 of this Article, the pregnant employee is obliged to inform the employer in writing about the use of leave, three days before the scheduled time for prenatal examination and
at his request to provide him with proof of the examination carried out.
(3) During the absence referred to in paragraph 1 of this Article, a pregnant employee has the right to salary compensation, as if she were at work.
Protection against termination of employment
Article 123
(1) The employer may not terminate the employment contract of a pregnant employee and an employee during the exercise of the right to maternity and parental leave.
(2) Notwithstanding paragraph 1 of this Article, the employment of an employed woman may be terminated due to a serious violation of work obligations or the existence of reasons referred to in Article 164, paragraph 1, item 1, 2, 3, 4, 5, 6 and 8 of this
laws, which cannot be related to pregnancy and the use of the right to maternity and parental leave, in which case the employer is obliged to explain in detail in writing
reasons for termination of employment.
(3) The employer may not terminate the employment contract with the parent, adoptive parent and foster parent due to the use of the right to parental, adoptive and foster leave; rights to work with
part-time due to the care of a child with disabilities; a single parent who has a child under the age of seven or a child with developmental disabilities, if
fulfills obligations in accordance with the law, collective agreement and employment contract.
(4) During absence from work due to child care, temporary incapacity for work on the basis of maintaining pregnancy, use of maternity, parental, adoptive, foster care
absence, the employer may not declare the employee a person whose work has ceased to be necessary.
(5) An employee whose fixed-term employment contract expires during pregnancy, the use of temporary incapacity for work on the basis of maintaining pregnancy, maternity, or
parental leave, the period for which the employment contract established a fixed-term employment relationship is extended until the expiration of the use of the right to such leave.
(6) The employee is obliged to submit to the employer proof of the occurrence of the circumstances referred to in paragraph 5 of this Article within three days from the day of finding out or determining the circumstances.
Temporary schedule
Article 124
(1) Based on the findings and recommendation of the competent doctor of medicine, a pregnant employee and while breastfeeding a child, who works on jobs that may endanger her life and health, or who
may endanger the life and health of the child and the unborn child, the employer is obliged to offer temporary assignment to other appropriate jobs.
(2) The employed woman referred to in paragraph 1 of this Article during the temporary assignment to other jobs has all the rights from the employment relationship that she had before the temporary assignment.
(3) If the employer is not able to provide the employed woman referred to in paragraph 1 of this Article with a schedule for another appropriate job, in terms of paragraph 1 of this Article, and according to the doctor's findings
the performance of her duties may endanger her or the health of the child or unborn child, the employed woman has the right to leave from work, with compensation of wages in accordance with
by a collective agreement, which cannot be less than the compensation that the employee would have received if she had been at her workplace.
Protection against overtime and night work
Article 125
(1) Night work is prohibited for a pregnant employee, an employee who has recently given birth and an employee who is breastfeeding.
(2) A pregnant employee and a woman who has a child under the age of three may not work overtime, nor at night.
(3) An employed woman who has a child older than two years of age may work at night only if she agrees to such work in a written statement.
(4) The employer is obliged to assign the woman referred to in paragraph 1 of this Article, who has concluded an employment contract to perform work that involves night work, to perform work outside
night work that correspond to her level of education, ie the level of qualifications and work ability.
(5) In the event that the employer is not able to provide the assignment to the employed woman referred to in paragraph 4 of this Article, the employer shall be obliged to provide her with paid leave for a fee.
salaries referred to in Article 130, paragraph 2 of this Law.
(6) One of the parents, adoptive parents, guardians, ie foster parents who has a child with developmental disabilities, as well as a single parent who has a child under the age of seven may
works overtime, ie at night, only on the basis of written consent.
2. Protection of the rights of employees who take care of children
Maternity leave
Article 126
(1) An employed woman shall use compulsory maternity leave of 98 days, of which 28 days before the day of the expected birth, and 70 days from the birth of the child.
(2) The day of the expected birth shall be determined by the competent specialist doctor.
(3) Notwithstanding paragraph 1 of this Article, maternity leave for a period of 70 days from the birth of a child may be used by both parents at the same time, if two or more children have been born.
(4) Notwithstanding paragraph 1 of this Article, the father of the child has the right to use the leave from the day of birth of the child, in case the mother died in childbirth, seriously ill, left the child, if
deprived of parental rights or serving a prison sentence.
(5) If the child was born before the day of the expected birth, the obligatory maternity leave referred to in paragraph 1 of this Article shall be extended for as many days as the child was born earlier.
(6) For the purposes of paragraph 5 of this Article, a child born before the age of 37 weeks of pregnancy shall be understood, according to the findings of the competent specialist doctor.
Parental leave
Article 127
(1) Parental leave is the right of each parent to use leave from work due to the care and custody of the child.
(2) Parental leave may be used after the expiration of the period referred to in Article 126, paragraph 1 of this Law, for a period of up to 365 days from the day of the child's birth.
(3) Both parents have the right to parental leave referred to in paragraph 1 of this Article in equal parts.
(4) Notwithstanding paragraph 3 of this Article, parental leave started by one parent may be transferred to the other parent after the expiration of a period of 30 days from the beginning
use.
(5) In the case referred to in paragraph 4 of this Article, the parent who transferred the right to the other parent shall not have the right to continue using parental leave.
(6) If one of the parents is unemployed and the other is employed, the employed parent has the right to use the parental leave referred to in paragraph 1 of this Article.
Transfer of rights to one of the parents
Article 128
(1) If one of the parents dies or is prevented from exercising the right to parental leave referred to in Article 127, paragraph 3 of this Law for another justified reason, the right to his part of the parental leave
absences are transferred to the other parent.
(2) The justified reason referred to in paragraph 1 of this Article shall mean:
1) if one of the parents is: deprived of parental rights; deprived of legal capacity; declared missing, unknown and of unknown residence or domicile;
2) when one of the child's parents, for the protection of the child, on the basis of a court decision, is prohibited or restricted contact with the child;
3) when one of the child's parents is seriously ill or is dependent on the help of another person, due to which he is prevented for a long time or significantly restricted in performing his parental duties.
care, according to the findings of the competent specialist doctor;
4) if one of the parents is engaged as a military person in a military mission outside Montenegro, provided that he / she renounces the right to use parental leave in favor of a written statement in favor of
the other parent;
5) when one of the parents is serving a prison sentence.
(3) The provisions of para. 1 and 2 of this Article shall also apply to the transfer of adoptive leave, provided that the beneficiary to whom that right is transferred meets the conditions in accordance with this Law.
Breastfeeding break
Article 129
(1) If an employed woman starts working, in terms of Article 127, paragraph 3 of this Law, she has the right to a break for breastfeeding a child for two hours a day, until she reaches one year of age.
life of the child, regardless of whether the father of the child uses at the same time and for the same child one of the rights provided by this law.
(2) The right referred to in paragraph 1 of this Article may be used once or twice during the day, for a period of one hour.
(3) The time referred to in paragraph 1 of this Article shall be calculated in full working time.
Employee rights and return to the same job
Article 130
(1) During the use of the leave referred to in Art. 126, 127, 135 and 136 of this Law, the employee has all the rights from the employment relationship as he had until the beginning of the use of that leave, as well as all
the right to improve working conditions to which he would have been entitled during his absence.
(2) During the use of the leave referred to in Art. 126, 127, 135 and 136 of this Law, the employee is entitled to salary compensation in the amount that cannot be less than the salary compensation in case
temporary incapacity for work due to maintenance of pregnancy, in accordance with the law.
(3) The employer is obliged to provide the employee from Art. 126, 127, 135 and 136 of this Law upon the expiration of the leave shall provide a return to the same job or to the appropriate job with
at least the same earnings.
(4) The employer may, taking into account the needs of the employee stated in his written request, after the expiration of the leave referred to in Art. 126, 127, 135 and 136 of this law to enable change
working hours or working hours schedule to that employee, if the work process at that employer allows it.
Protection in case of stillbirth
Article 131
If an employed woman gives birth to a stillborn child or if the child dies before the expiration of maternity or parental leave, she has the right to extend maternity or parental leave.
at least 45 days, and according to the findings of an authorized specialist doctor and longer, or as long as it takes her to recover from childbirth and the mental state caused by
loss of a child, during which time she has all the rights based on maternity or parental leave.
Part-time work for enhanced child care
Article 132
(1) After the expiration of the leave referred to in Article 127, paragraph 2 of this Law, the employed parent has the right to work half full time until the child reaches the age of three, if
the child needs enhanced care.
(2) The right to work part-time, for the duration referred to in paragraph 1 of this Article, has an employed adoptive parent, guardian or foster parent.
Part-time work for the care of a child with developmental disabilities
Article 133
(1) The parent, adoptive parent, foster parent or guardian of a child with developmental disabilities, ie a person caring for a person with a severe disability in the
in accordance with special regulations.
(2) The working hours referred to in paragraph 1 of this Article and Article 132 of this Law shall be considered full working hours for exercising the rights from work and on the basis of work.
Exercising rights from work during child care
Article 134
(1) An employee who intends to use the right to work part-time from Art. 132 and 133 of this Law is obliged to submit a written request to the employer.
(2) The manner and procedure of exercising the rights referred to in Art. 132 and 133 of this Law shall be prescribed by the state administration body competent for social welfare affairs.
(3) During the absence from work referred to in Art. 132 and 133 of this Law, the employee is entitled to salary compensation, in accordance with Article 130, paragraph 2 of this Law.
(4) The right referred to in Art. 132 and 133 of this Law may not be used during the time during which a child with developmental disabilities or a person with a severe disability is placed in a social and
child protection.
Absence for the purpose of adopting a child
Article 135
One of the adoptive parents of a child under the age of eight has the right to be absent from work for a year continuously for the purpose of child care, with salary compensation referred to in Article 130 of this Law.
Absence of breadwinner
Article 136
One of the breadwinners of a child under the age of eight has the right to take care of the child, is absent from work for one year continuously with compensation of earnings from Article 130 of this
of the law.
Notice of intent to use leave
Article 137
(1) An employee who intends to use the right to maternity, parental, adoptive or foster leave is obliged to notify the employer in writing of his intention, month
days before the exercise of that right.
(2) An employee who has exercised the right referred to in paragraph 1 of this Article has the right to additional professional training, if there have been technological, economic or other changes in the manner of work at
employer.
Absence from work without salary compensation, due to the care of a child up to three years of age
Article 138
(1) One of the parents has the right to be absent from work until the child reaches the age of three, and if the commenced use of this right is terminated before the expiration of the specified period, he has no right to
he continues to use it.
(2) During the absence from work, in terms of paragraph 1 of this Article, the employee has the right to health and pension - disability insurance, and other rights and obligations are suspended.
(3) Funds for health care and pension-disability insurance referred to in paragraph 2 of this Article shall be paid from the funds of health and pension-disability insurance.

VI. PROTECTION OF EMPLOYEES 'RIGHTS
Employer protection
Article 139
(1) The employer shall decide on the rights of employees from work and on the basis of work, in accordance with the law, the collective agreement and the employment contract.
(2) An employee who considers that his employer has violated his right from work and on the basis of work may submit a request to the employer to ensure the exercise of that right.
(3) The submission of the request referred to in paragraph 2 of this Article shall not delay the execution of the decision or action against which the employee filed the request for protection of rights.
(4) The employer is obliged to deliver a written notice to the employee upon his request or to make a decision within 15 days from the day of submitting the request.
(5) The decision referred to in paragraph 4 of this Article is final, unless otherwise provided by law.
(6) The decision referred to in paragraph 4 of this Article shall be delivered to the employee in writing, with an explanation and instruction on the legal remedy within eight days from the day the decision was made.
(7) Irrespective of the procedure for protection of rights initiated by the employee with the employer, the employee may apply to the Labor Inspectorate for the protection of rights.
Protection before the Agency for Peaceful Settlement of Labor Disputes and the Center for Alternative Dispute Resolution
Article 140
(1) An employee who considers that his right to work and on the basis of work has been violated, before initiating proceedings before the competent court, is obliged to submit a proposal for an amicable settlement.
dispute before the Agency for the Amicable Settlement of Labor Disputes or before the Center for Alternative Dispute Resolution.
(2) In the case referred to in paragraph 1 of this Article, the employer is obliged to accept the procedure of amicable settlement of the labor dispute.
(3) During the duration of the procedure before the bodies referred to in paragraph 1 of this Article, the deadlines for initiating the procedure before the competent court shall not run.
(4) The regulations governing the peaceful settlement of labor disputes shall apply to the procedure for the peaceful settlement of labor disputes before the Agency for the peaceful settlement of labor disputes.
(5) The regulations governing alternative dispute resolution shall apply to the procedure of alternative dispute resolution before the Center for Alternative Dispute Resolution.
(6) If the labor dispute is not resolved before the bodies referred to in paragraph 1 of this Article, the employee may initiate a dispute before the competent court.
(7) An employee whose employment has been terminated may initiate proceedings in the sense of paragraph 1 of this Article.
Protection before the competent court
Article 141
(1) The procedure before the court may be initiated within 15 days from the day of delivery of the decision by which the procedure for peaceful settlement of the dispute has been suspended.
(2) The employer is obliged to execute the final court decision within 15 days from the day of delivery of the decision, if no other deadline has been determined by the court decision.
The burden of proof
Article 142
(1) In the case of an employment dispute, the burden of proof is on the person who considers that some right from the employment relationship has been violated, or who initiates the dispute, if hereby or otherwise
the law does not regulate otherwise.
(2) If a party who is considered injured due to unequal treatment in the sense of this Law, presents before a court or other competent body the facts from which it can be assumed
that there has been direct or indirect discrimination, the burden of proving the non-existence of a violation of the principle of equal treatment passes to the defendant, or a legal or natural person against
which proceedings have been instituted before the competent authority.
(3) In the event of a dispute regarding the placement of employees in a less favorable position than other employees for the purpose of addressing employees due to justified suspicion of corruption or in good faith submission
report this suspicion to the responsible persons or the competent authorities, which has led to a violation of any of the rights of employees from the employment relationship, if the employee presents facts from which it is possible
assume that he has been put at a disadvantage and that some right from his employment has been violated, the burden of proof passes to the employer, who must prove that because of such
addressing or reporting, the employee was not placed in a less favorable position than other employees, ie that he did not violate any right from his employment.
(4) In the event of a dispute due to the termination of the employment contract, the burden of proving the existence of a justifiable reason for termination of the employment contract referred to in Article 172 of this Law shall lie with the employer if the employment contract
the work was canceled by the employer.
(5) In the event of a dispute regarding working hours, if the employer does not keep records in accordance with Article 19, paragraph 1, item 7 of this Law, the burden of proof shall be on the employer.
Limitation periods for employment receivables
Article 143
(1) Cash receivables from work become obsolete within four years from the day the obligation arises.
(2) Receivables related to the obligation to pay contributions for pension and disability insurance shall not become obsolete.

VII. RESPONSIBILITY OF EMPLOYEES
1. Liability for breaches of work obligations
Employee responsibility
Article 144
(1) The employee is obliged to adhere to the obligations prescribed by law, the collective agreement and the employment contract at work.
(2) An employee who intentionally or negligently violates the work obligation or does not adhere to the decision made by the employer, shall be liable for the violation of the work obligation, in accordance with
by law, collective agreement and employment contract.
(3) Criminal liability does not exclude the liability of an employee for the performance of work obligations if that action constitutes a violation of the work obligation.
(4) The employee shall be liable for the violation of the work obligation which at the time of execution was determined by law, the collective agreement and the employment contract.
Violations of work obligations
Article 145
(1) Violations of work obligations can be easier and more severe.
(2) Violation of work obligation may occur by doing or not doing an employee.
(3) Violations of work obligations shall be determined by law, collective agreement and employment contract.
Measures for violations of work obligations
Article 146
(1) For minor violations of work obligations, in accordance with the collective agreement and the employment contract, one of the following measures may be imposed on the employee:
1) warning; i
2) a fine in the amount of up to 20% of the employee's monthly salary earned in the month in which the decision was pronounced, for a period of one to three months.
(2) For serious violations of work obligations, in accordance with the collective agreement and the employment contract, one of the following measures may be imposed on the employee:
1) a fine in the amount of 20% to 30% of the monthly salary of the employee earned in the month in which the decision was pronounced, for a period of one to four months;
2) conditional termination of employment; i
3) termination of employment.
(3) Conditional termination of employment implies the possibility of termination of employment if the employee within a period of six months from the date of the pronounced measure commits a serious violation of employment.
obligations.
Procedure for determining responsibility
Article 147
(1) The procedure for determining liability for breach of duty may be initiated by the director upon learning that a breach of duty has been committed or on the basis of an initiative that may
submitted by each employee.
(2) The Director shall, within 15 days from the day of learning that a violation of work obligations has been committed, ie acceptance of the initiative referred to in paragraph 1 of this Article, deliver to the employee in writing
warning of the existence of reasons for imposing a measure for breach of duty.
(3) If the director rejects the initiative referred to in paragraph 1 of this Article, he is obliged to inform the submitter of the initiative within 15 days from the day of its submission, stating the reasons for
rejection of the initiative.
(4) The warning referred to in paragraph 2 of this Article shall contain: personal data of the employee, the job to which he is assigned, a description and time frame of the violation of work obligations, as well as an indication that he has the right
to orally state the allegations and facts that indicate a violation of work obligations.
(5) The employee has the right to comment on the warning referred to in paragraph 2 of this Article within 15 days from the day of delivery of the warning.
(6) If the employee does not declare the warning within the period referred to in paragraph 5 of this Article, it shall be considered that he agrees with the allegations and facts contained in the warning.
(7) The employee has the right within five days from the day of delivery of the warning to request from the director to declare orally.
(8) In the case referred to in paragraph 7 of this Article, the director is obliged to provide the employee with the opportunity to state the allegations and facts contained in the warning referred to in paragraph 2 of this Article.
within 15 days from the date of delivery of the warning.
(9) In the case referred to in paragraph 8 of this Article, an oral statement at the request of the employee may be attended by an authorized representative of the trade union of which he is a member, as well as the defense counsel of the employee.
(10) The Director may authorize another person to conduct the procedure referred to in paragraph 9 of this Article.
(11) In the case referred to in paragraph 8 of this Article, a record shall be kept of the hearing, in which data on the director, ie the authorized person, place and time of the hearing shall be entered,
the employee against whom the procedure of determining responsibility is being conducted, the participants in the hearing, the content of the request for initiating the procedure, the statement of the employee on the violation of the work obligation,
the statement of the authorized representative of the trade union, the defense counsel of the employee, witnesses and experts and the evidence presented during the proceedings.
(12) The minutes shall be signed by the director, ie the authorized person, the employee against whom the procedure is conducted, ie his defense counsel and the recorder.
Decision making
Article 148
(1) The decision on the pronounced measure for violation of work obligation shall be made by the director.
(2) The decision referred to in paragraph 1 of this Article may suspend the procedure, release the employee from liability or declare him responsible with the imposition of a measure for violations of work obligations.
(3) The Director is obliged to make a decision within 15 days from the day of expiration of the deadline referred to in Article 147, paragraph 5 of this Law, or within 15 days from the day of the hearing, in accordance with
Article 147, paragraph 11 of this Law.
(4) Exceptionally, the decision referred to in paragraph 3 of this Article may be made within 30 days from the date of expiration of the deadline referred to in Article 147, paragraph 5 of this Law if it is necessary to conduct an investigation or expertise.
in order to determine the circumstances and facts related to the violation of work obligations.
(5) The decision referred to in paragraph 1 of this Article shall contain: introduction, dictum, explanation and instruction on legal remedy.
(6) The decision referred to in paragraph 1 of this Article is final.
(7) The director is obliged to deliver the decision referred to in paragraph 1 of this Article to the employee, ie his defense counsel, if he has one, and to the authorized representative of the trade union who participated in the procedure,
no later than eight days from the date of adoption.
Suspension of proceedings
Article 149
Proceedings against an employee are suspended if:
1) the statute of limitations for conducting the procedure occurs;
2) the employee's employment with the employer is terminated on another basis;
3) it is determined that the employee's behavior does not constitute a violation of work obligations;
4) there is no evidence that the employee has committed the injury charged against him; i
5) a final decision has already been made regarding the same violation of work obligations.
Imposing a measure
Article 150
When imposing a measure due to a violation of work obligations, the following are taken into account: the severity of the violation and its consequences, the responsibility of the employee, previous work and behavior of the employee, the fact whether
previously committed violations of work obligations, as well as other circumstances that may affect the type and amount of the measure for violation of work obligations.
Challenging a decision
Article 151
(1) An employee may initiate proceedings against the final decision on the pronounced measure referred to in Article 148 of this Law within 15 days from the day of delivery of the decision, in accordance with Article 140
of this law.
(2) Exceptionally, against the final decision imposing the measure of termination of employment, ie conditional termination of employment, the employee may initiate proceedings before the bodies referred to in
Article 140 Art. 1 and 6 of this law.
(3) Initiation of the procedure referred to in para. 1 and 2 of this Article shall not delay the execution of the decision referred to in paragraph 1 of this Article.
Limitation periods for initiating and conducting proceedings
Article 152
(1) Initiation of the procedure for determining violations of work obligations shall become obsolete within three months from the day of finding out about that violation and the perpetrator.
(2) The conduct of the procedure for determining the violation of work obligations shall become obsolete three months from the day of initiating the procedure for determining the work obligation.
(3) If the violation of the work obligation contains the characteristic of a criminal offense, the initiation of the procedure shall become statute-barred six months after the day of finding out about the violation of the work obligation and the perpetrator,
that is, upon the expiration of the statute of limitations for that criminal offense.
Deadline for execution of the pronounced measure and deletion from the records
Article 153
(1) The pronounced measure referred to in Article 146 of this Law may not be executed if 30 days have elapsed from the day of the finality of the decision by which it was pronounced and its execution has not begun.
(2) Records shall be kept with the employer on the pronounced measures for violation of work obligations.
(3) If the employee does not commit a violation of employment within two years from the day the decision imposing the fine, reprimand and conditional termination of employment become final.
obligations, the imposed measure is deleted from the records.

2. Temporary dismissal of an employee (suspension)
Optional removal
Article 154
(1) An employee may be temporarily removed from work in the case of:
1) if there are circumstances that indicate that he has committed a serious breach of duty; i
2) if criminal proceedings have been initiated against him for a criminal offense committed at work or in connection with work.
(2) The removal referred to in paragraph 1 of this Article may last no longer than the end of the procedure for determining responsibility.
Mandatory removal
Article 155
The employee will be temporarily suspended from work from the day the detention measure is imposed, while the detention lasts.
Removal decision
Article 156
(1) The employee is temporarily dismissed from work by a reasoned decision on temporary dismissal.
(2) The employee may be temporarily removed from work and by a written order of the director, ie another authorized person at work with the employer, provided that the director is obliged to bring
the decision referred to in paragraph 1 of this Article.
(3) The decision on temporary removal referred to in paragraph 1 of this Article shall be issued by the director within three days from the day of finding out the reasons for removal, ie delivery of the decision on determination
detention.
(4) If in the case referred to in paragraph 2 of this Article, the decision is not issued within three days from the day of removal from work, it shall be considered that the removal order has not been given.
Wage compensation and reimbursement of wage compensation during temporary removal
Article 157
(1) During the temporary dismissal from work, the employee has the right to compensation of salary in the amount of one third, and if he supports the family in the amount of one half of the monthly salary
realized in the month before the temporary removal.
(2) The salary compensation during detention shall be paid at the expense of the body that ordered the detention.
(3) The body that issued the decision on detention is obliged to inform the employer thereof within three days.
(4) The request for reimbursement, on behalf of the amount of salary compensation, during which the employee is in custody and the contributions and taxes included in that salary shall be submitted by the employer to the body that
issued a detention order.
(5) During the temporary dismissal, the employee shall be entitled to the difference between the amount of compensation received on the basis of paragraph 1 of this Article and the full amount of salary earned for the month.
before the temporary dismissal increased by the average increase in wages of employees of the employer during the period in which he was entitled to compensation, as follows:
1) if the criminal proceedings have been suspended by a final decision or if the charges have been acquitted by a final decision or the charge against him has been rejected, but not due to incompetence;
2) if he is released from responsibility or the procedure for determining violations of work obligations is suspended.
3. Material responsibility
Compensation to the employer
Article 158
(1) The employee is responsible for the damage that he intentionally or through negligence caused to the employer at work or in connection with work.
(2) If the damage is caused by more than one employee, each employee shall be liable for a part of the damage caused by him.
(3) If for each employee referred to in paragraph 2 of this Article it is not possible to determine a part of the damage he caused, it shall be considered that all employees are equally responsible and compensate the damage in
in equal parts.
(4) If several employees have caused damage by a criminal offense with intent, they shall be jointly and severally liable for the damage.
(5) The existence of the damage, its amount, the circumstances under which it occurred, who caused the damage and how it is compensated shall be determined by a special commission formed by the employer, one of whom is
from the members a representative of the representative trade union at that employer.
Compensation to the employee
Article 159
(1) If an employee suffers an injury or damage at work or in connection with work, the employer is obliged to compensate him for the damage.
(2) The existence of the damage referred to in paragraph 1 of this Article and Article 160 of this Law, its amount, the circumstances under which it occurred, who caused the damage and the manner of compensation shall be determined by a special
a commission formed by the employer, one of whose members is a representative of the representative trade union with that employer.
(3) If the compensation for damage is not realized in accordance with paragraph 2 of this Article, the competent court shall decide on the damage.
Third party damages
Article 160
An employee who at work or in connection with work intentionally or through gross negligence caused damage to a third party, and which was compensated by the employer, is obliged to compensate the employer for the amount
damages paid.
4. Prohibition of competition
Prohibition of employee competition
Article 161
(1) An employment contract may determine jobs that an employee may not perform in his own name and for his own account, as well as in the name and for the account of another legal or natural person, without consent.
employer when employed (hereinafter: prohibition of competition).
(2) The prohibition of competition may be established only if there are conditions for the employee to acquire new, especially important technological knowledge or other specific knowledge by working for the employer, or
skills, a wide range of business partners or to come into possession and knowledge of important business information and secrets.
(3) The collective agreement or employment contract shall also determine the territorial validity of the prohibition of competition, depending on the type of business to which the prohibition applies.
(4) If the employee violates the prohibition of competition, determined by the employment contract, the employer has the right to terminate the employment contract and demand compensation from the employee.
Conditions of prohibition of competition
Article 162
(1) By an employment contract or an agreement on termination of employment, the employer and the employee may also agree on the conditions of prohibition of competition in terms of Article 161 of this Law upon termination
employment, in a period that cannot be longer than two years after the termination of employment, ie employment contract.
(2) The prohibition of competition referred to in paragraph 1 of this Article may be agreed if the employer undertakes in the employment contract to pay the employee a monetary compensation in the agreed amount.

VIII. TERMINATION OF EMPLOYMENT
Ways of termination of employment
Article 163
Employment is terminated:
1) by force of law;
2) by agreement between the employee and the employer; i
3) termination of the employment contract by the employer or employee.
Termination of employment by force of law
Article 164
(1) Employment shall be terminated by force of law:
1) when the employee reaches 67 years of age and at least 15 years of insurance experience, on the day of delivery of the final decision to the employee;
2) if it has been determined in the manner prescribed by law that the employee has lost his / her ability to work - on the day of delivery of the final decision on determining the loss of working capacity
ability;
3) if according to the law, ie a final decision of a court or other body, he is prohibited from performing certain tasks, and he cannot be assigned to other tasks - on the day
delivery of a final decision;
4) if he has been absent from work for more than six months due to serving a prison sentence - on the day he starts serving his sentence;
5) if a security measure, educational or protective measure has been imposed on him for a period longer than six months and he must therefore be absent from work - on the day of the beginning of application, and
measures;
6) due to bankruptcy or liquidation, as well as in cases aimed at liquidation of the transferor's property, or in all other cases of termination of work of the employer, in accordance with the law;
7) upon the expiration of the time for which the fixed-term employment contract has been concluded;
8) death of the employee.
(2) To an employee whose employment is terminated due to the voluntary liquidation of the company, the employer is obliged to pay severance pay in the amount of two of his monthly average salaries without
taxes and contributions in the previous half-year, ie two average salaries without taxes and contributions in Montenegro, if it is more favorable for the employee.
(3) In the case referred to in paragraph 1 of this Article, the employer shall issue a decision in the form of a decision containing: the basis, explanation and instruction on the legal remedy.
(4) The restriction referred to in paragraph 1, item 1 of this Article shall not apply to an entrepreneur, ie to an employee who is the founder or owner of a majority share in that company and other persons.
determined by a special law.
Agreed termination of employment
Article 165
(1) Employment may be terminated by agreement between the employer and the employee.
(2) The agreement referred to in paragraph 1 of this Article shall be concluded in writing.
(3) The agreement referred to in paragraph 2 of this Article shall also determine the day of termination of employment.
(4) In the event of an agreed termination of employment, the employer may pay severance pay to the employee.
(5) The agreement referred to in paragraph 2 of this Article shall have legal effect from the day of certification by a notary, court or local government body.
Dismissal by an employee
Article 166
(1) The employment relationship, ie the employment contract may be terminated by dismissal by the employee.
(2) The termination of the employment contract may be submitted by the parent or guardian of the employee under 18 years of age.
(3) The termination of the employment contract, previously certified by the body referred to in Article 165, paragraph 5 of this Law, the employee is obliged to submit to the employer in writing, at least 30 days before the day
stated as the day of termination of employment, unless the employer and the employee agree otherwise.
(4) In the event that the employee does not comply with the notice period, the employer is entitled to compensation for damages, which is determined in proportion to the length of the non-compliance period according to the salary earned by the employee.
realized in the month preceding the dismissal referred to in paragraph 1 of this Article.
(5) In the case referred to in para. 1 and 2 of this Article, the employer shall make a decision in the form of a decision containing the basis, explanation and instruction on the legal remedy.
1. Dismissal by the employer
Notice of collective dismissal
Article 167
(1) If the employer intends to carry out a collective dismissal for at least 20 employees within a period of 90 days, he is obliged to start consultations, request and consider the opinion and
proposals of the trade union, ie employees or employee representatives in case the trade union is not organized at the employer, before making a decision on the termination of the need for work
employees in order to reach an agreement, in order to eliminate or reduce the need for termination of employment of employees.
(2) The employer is obliged to, in order to conduct the consultations referred to in paragraph 1 of this Article, submit to the trade union, ie employees or employee representatives, in writing, the following
information:
1) reasons for termination of the need for work of employees;
2) number of total employees;
3) criteria for determining employees whose work may cease to be needed;
4) the number of employees whose work could cease to be needed, as well as data on their workplace and the jobs they perform;
5) criteria for calculating the amount of severance pay;
6) measures he has taken to take care of employees whose work might cease to be needed: assignment to other jobs with the same employer in the degree of education
employee; schedule with another employer in the qualification of the level of education or professional qualification of the employee's education, with his consent; professional training,
retraining or additional training for work in another job with the same or another employer and other measures in accordance with the collective agreement or employment contract.
(3) During the procedure of consulting with the trade union, ie employees or employee representatives, the employer is obliged to consider all proposals aimed at preventing
cessation of the need for work of employees or to mitigate its consequences, as well as to give a written explanation for each submitted proposal.
(4) The consultation referred to in paragraph 1 of this Article may not last shorter than 30 days.
(5) The criteria referred to in paragraph 2, item 5 of this Article may not be in conflict with the provisions of this Law relating to the prohibition of discrimination against employees.
(6) The employer is obliged to inform the Employment Bureau in writing about the conducted consultation referred to in paragraph 1 of this Article, as well as to submit the following information:
1) information referred to in paragraph 1 of this Article;
2) data on the duration of consultations with the trade union;
3) data on the results of the conducted consultation; i
4) a written statement of the trade union, if delivered to it.
(7) The employer is obliged to submit a copy of the notification referred to in paragraph 6 of this Article to the trade union.
(8) The trade union, ie employees or employee representatives may submit to the Employment Service and the employer their remarks and proposals on the submitted information referred to in para. 2 and 6 of this
member.
Procedure for termination of employment contract due to cessation of the need for work
Article 168
(1) Employees whose work is no longer needed, may not be terminated during the period of 30 days from the day of delivery of the notification referred to in Article 167, paragraph 6 of this Article in
within which period the Employment Bureau will try to provide some of the measures provided for in Article 167, paragraph 2, item 6 of this Law.
(2) The Employment Service may, no later than the last day of the deadline referred to in paragraph 1 of this Article, order the employer in writing to postpone the procedure of termination of the employment contract to all or individual
employees whose work is no longer needed, for a maximum of 30 days, if in that period it can provide them with the continuation of employment of employees.
(3) If the employer determines that the need for work of employees in the number less than the number determined in Article 167, paragraph 1 of this Law will cease, he shall be obliged to inform the
employees and the union with the employer, no later than five days before the decision to terminate employment.
(4) The notification referred to in paragraph 3 of this Article shall contain:
1) reasons for termination of the need for work of employees;
2) the number and structure of employees whose work has ceased to be needed in that position; i
3) criteria for determining employees whose work is no longer needed.
(5) The employer may not, within six months, establish an employment relationship with other employees in jobs where, in terms of paragraph 1 of this Article, the need for work has ceased.
employees.
Severance pay
Article 169
(1) The employer is obliged to pay severance pay in the amount of the employee whose work is no longer needed, and he has not been provided with any of the rights referred to in Article 167, paragraph 2, item 6 of this Law.
of at least 1/3 of his monthly average salary without taxes and contributions in the previous half-year for each year of work with that employer, ie 1/3 of the monthly average
earnings without taxes and contributions in Montenegro, if it is more favorable for the employee.
(2) A person whose work has ceased to have the right is entitled to the payment of severance pay, provided that he has spent at least 18 months in employment with that employer.
(3) The restriction referred to in paragraph 2 of this Article shall not apply to the case referred to in Article 30, paragraph 4 of this Law.
(4) In the time spent at work with the employer, from paragraph 2 of this Article, the time spent in employment with the employer of the predecessor in case of status change or
changes of employer.
(5) The severance pay referred to in paragraph 1 of this Article may not be lower than three average monthly salaries without taxes and contributions with the employer in the previous half-year, ie the average
monthly salaries without taxes and contributions in Montenegro in the previous half of the year, if it is more favorable for the employee.
(6) An employee with at least 50% of disability whose work has ceased to be needed, and whose disability arose during the period of work with that employer, and he has not been provided with
one of the rights referred to in Article 167, paragraph 2, item 6 of this Law, the employer is obliged to pay severance pay:
1) at least in the amount of 12 average salaries without taxes and employee contributions, if the disability is caused by an injury outside work or illness;
2) at least in the amount of 36 average salaries without taxes and employee contributions, if the disability is caused by an injury at work or an occupational disease.
(7) The amount of severance pay referred to in paragraph 6 of this Article for an employed person with a disability shall be determined on the basis of the average salary of the employer, if it is more favorable for him.
(8) A person with a disability, in terms of paragraph 6 of this Article, is a person whose status has been determined in accordance with a special law.
Temporary hiring of an employee
Article 170
The employer may temporarily hire an employee whose work has ceased to be employed in order to perform tasks that correspond to his qualification at the level of education, ie
professional qualification, until it provides him with one of the rights established by this law.
Termination of employment after payment of severance pay
Article 171
(1) An employee who has exercised the right to severance pay, in terms of Article 169 of this Law, shall have his employment terminated, ie the employment contract shall be terminated on the day when the payment was made.
(2) An employee whose employment is terminated, ie the employment contract is terminated, in terms of paragraph 1 of this Article, shall exercise his rights in accordance with the law governing the rights of persons during
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temporary unemployment.
Individual cancellation
Article 172
(1) The employer may terminate the employment contract of the employee, without conducting the procedure of determining responsibility, if there is a justified reason for that, as follows:
1) due to non-realization of work results determined by a collective agreement, an act of the employer or an employment contract, in a period that cannot be shorter than 30 days;
2) if his behavior is such that he cannot continue working for the employer due to:
- Violations of regulations on protection and health at work, which causes danger to one's own or other employees' health;
- coming to work under the influence of alcohol or psychoactive substances, getting drunk during work or using psychoactive substances, with the refusal of an appropriate test to determine these
fact by an authorized person, in accordance with special regulations;
- unjustified absence from work for three or more working days in a row, ie five working days with interruptions during 12 months;
- final court decision convicting him of the criminal offense of abuse of official position;
- disclosure of business secrets determined by the act of the employer;
- violent or abusive behavior towards clients or employees;
- committed criminal offense at work or in connection with work;
- use and disposal of an official car, machine and tools for work contrary to the act of the employer with which the employee is previously acquainted;
3) if, during the establishment of employment or assignment to another job, he / she gave false information related to the conditions for employment, ie for
performing other tasks;
4) if it refuses to conclude the annex to the employment contract referred to in Article 47, paragraph 1, item 1 of this Law;
5) if he refuses to conclude the annex to the employment contract referred to in Article 47, paragraph 1, item 2 and 3 of this law;
6) if he abused the right to leave due to temporary incapacity for work, and especially if he was employed by another person during the period of temporary incapacity for work
employer on any grounds, ie if within three days from the date of issue does not submit a doctor's certificate to the employer, in person or through another person, or if within five days
fails to submit a report on temporary incapacity for work from the day of issuance;
7) if he does not return to work without a justified reason within two working days after the end of the unpaid leave, ie, within 15 days from the day of termination of the reason for which
rights and obligations from work have been suspended;
8) due to collective dismissal with the employer, if he has not been provided with any of the rights referred to in Article 167, paragraph 2, item 6 of this Law; i
9) in other cases determined by the collective agreement and employment contract.
(2) The employer may terminate the employment contract in terms of paragraph 1, item 1 of this Article if he has previously given the employee instructions for work.
(3) Employees referred to in paragraph 1 item 4 and 5 of this Article if the annex to the contract referred to in Article 47, paragraph 1, item 1, 2 and 3 of this law implies a reduction in salary is entitled to severance pay which does not
may be lower than three average monthly salaries without taxes and contributions in Montenegro.
(4) Employees referred to in paragraph 1 item 5 and 8 of this Article, is entitled to severance pay referred to in Article 169 of this Law.
Which is not considered a justifiable reason to terminate the employment contract
Article 173
The following shall not be considered a justified reason for termination of an employment contract, in terms of Article 172 of this Law:
1) refusal of the employee to accept the offer of the annex to the contract referred to in Article 47, paragraph 1, item 6 of this Law;
2) temporary incapacity for work due to illness, injury at work or occupational disease;
3) use of maternity leave, maternity, parental, adoptive and foster leave and leave from work for child care and special child care;
4) membership in a political organization, trade union, diversity according to the personal characteristics of the employee (gender, language, nationality, social origin, religion, political or other
certificate or some other personal characteristic of the employee);
5) acting in the capacity of employee representatives in accordance with the law;
6) addressing the employee to the trade union or bodies responsible for the protection of employment rights in accordance with the law and the employment contract;
7) addressing the employee to the competent state authorities due to a justified suspicion of corruption or in good faith filing a report on that suspicion;
8) addressing or pointing out the employee to the employer or the competent state authorities on endangering the environment in connection with the employer's business.
Procedure for termination of employment contract
Article 174
(1) Decision on termination of the employment contract in the cases referred to in Article 172, paragraph 1, item 2, para. 1,3 and 8 and point. 3 and 6 of this law, the employer may issue after previously warning the employee
on the existence of reasons for dismissal.
(2) The warning referred to in paragraph 1 of this Article shall be given in writing and shall contain the reasons for cancellation, evidence indicating that the conditions for cancellation have been met and the deadline for giving a response to the warning.
(3) The deadline referred to in paragraph 2 of this Article may not be shorter than five working days.
Decision on cancellation
Article 175
(1) The decision on termination of the employment contract is made by the director, in the form of a decision and delivered to the employee.
(2) The decision referred to in paragraph 1 of this Article shall contain: the basis for dismissal, explanation and instruction on the legal remedy.
(3) The decision referred to in paragraph 1 of this Article is final.
Delivery
Article 176
(1) Warnings, notices, invitations for oral hearings and decisions shall be delivered to the employee in person, at the employer's premises, ie to the address of residence or stay.
employee.
(2) If the employer could not deliver the acts to the employee, in accordance with paragraph 1 of this Article, he is obliged to make a written note about it.
(3) In the case referred to in paragraph 2 of this Article, the said acts shall be published on the notice board of the employer and after the expiration of eight days from the day of publication, they shall be considered delivered.
Notice period
Article 177
(1) The employee has the right and duty to remain at work for at least 30 days from the day of delivery of the termination of the employment contract, ie the decision on termination of employment (dismissal).
year).
(2) Notwithstanding paragraph 1 of this Article, the employer may terminate the employment contract without the obligation to respect the notice period, in cases referred to in Article 172, paragraph 1, item 2, para. 3, 6, 7 and 8 and point. 6 and 7
of this Law and in other cases of termination of employment due to a serious breach of employment in accordance with the collective agreement.
(3) The employee may, if agreed with the employer, cease to work before the expiration of the time for which he is obliged to remain at work, provided that during that time he is provided
salary compensation in the amount determined by the collective agreement and the employment contract.
(4) If the employee, at the request of the employer, ceases to work before the expiration of the notice period, is entitled to compensation of wages and other rights from work and on the basis of work, as if he had worked until the expiration
notice period.
(5) During the notice period, the employee has the right to be absent from work for at least four hours a week in order to seek new employment.
Termination of the employment contract of the director
Article 178
A director who is not re-elected upon the expiration of the term for which he was elected, ie who is dismissed before the expiration of his term of office, shall lose his employment, ie his employment contract shall be terminated,
unless otherwise provided by a special law or employment contract.
Obligation to pay salary and salary compensation
Article 179
(1) The employer is obliged to pay the employee, in case of termination of employment, ie termination of the employment contract, all unpaid salaries, salary compensations and other income that is
employees realized until the day of termination of employment, as well as the payment of social security contributions in accordance with the law, collective agreement and employment contract.
(2) The employer is obliged to pay the receivables referred to in paragraph 1 of this Article before the termination of employment, and no later than within 30 days from the day of termination of employment.
(3) The employee may submit a request for protection of rights for the payment of receivables referred to in paragraph 1 of this Article to the labor inspection within 30 days from the day of termination of employment.
Protection of employee rights in case of dismissal
Article 180
(1) Against the decision referred to in Article 175 of this Law, the employee may initiate proceedings within 15 days from the day of delivery of the decision, before the bodies referred to in Article 140 of this Law.
(2) In the event of a dispute regarding the termination of employment, the burden of proving the justification and legality of the reasons for dismissal shall be on the employer.
(3) During the duration of the court dispute on the termination of the employment contract, the competent court may, at the request of the employee, if it finds that it is obviously an illegal termination of the employment contract, to decide
to temporarily return the employee to work until the end of the dispute.
(4) In the case of imposing a temporary measure referred to in paragraph 3 of this Article, if in the procedure it is determined that the dismissal was lawful, the employer has the right to reimbursement of costs incurred on the basis of
temporary measures from the authority that imposed the measure.
(5) If in the procedure referred to in paragraph 1 of this Article it is determined that there were no legal or justified reasons for termination of the employment contract, whether the employer himself prescribed them by his act or
provided by the employment contract, the employee has the right to return to work, as well as the right to compensation for material and non-material damage, in the procedure provided by law.
(6) If in the procedure referred to in paragraph 1 of this Article it is determined that the employee's employment contract was unlawfully or unjustifiably terminated, he shall be entitled to compensation for material damage in the amount of the lost
wages and other income that he would have earned if he had been employed, in accordance with the law, the collective agreement and the employment contract and the payment of contributions for compulsory social
insurance.
(7) Compensation for damage referred to in paragraph 6 of this Article shall be reduced by the amount of income earned by the employee on the basis of the employment contract upon termination of employment with that employer.
(8) If in the procedure referred to in paragraph 1 of this Article it is determined that the dismissal resulted in a violation of the rights of the person, part, reputation and dignity, the employee is entitled to compensation for non-material
damages, in the procedure provided by law.

IX. COLLECTIVE AGREEMENTS
Subject and application of the collective agreement
Article 181
(1) The collective agreement, in accordance with the law, determines the rights, obligations and responsibilities from work and on the basis of work, the procedure of amendments to the collective agreement, mutual
relations of the participants in the collective agreement and other issues of importance for the employee and the employer.
(2) A collective agreement shall be concluded in writing.
(3) The collective agreement shall be directly applicable.
Types of collective agreements
Article 182
(1) A collective agreement may be concluded as: general, branch and collective agreement with the employer.
(2) The general collective agreement shall be concluded for the territory of Montenegro and shall apply to all employees and employers.
(3) Branch collective agreements shall be concluded for branches of activity, groups, or subgroups of activities and shall apply to employees and employers in the branch, group or subgroup.
(4) A collective agreement with an employer shall apply to employees of that employer.
(5) The rights and obligations from work and on the basis of work of persons who independently perform artistic or other cultural activity shall be determined by a branch collective agreement.
Contents of collective agreements
Article 183
(1) The general collective agreement shall determine the elements for determining the salary, salary compensation, other employee benefits and shall determine the scope of rights and obligations from work in accordance with
by law.
(2) The branch collective agreement shall determine the elements for determining the salary, salary compensation and other income of employees and shall regulate the scope of rights and obligations from the work of employees in
in accordance with the law.
(3) The collective agreement with the employer shall determine the elements for determining the salary, compensation of salaries and other incomes of employees and shall regulate the greater rights, obligations and responsibilities from
work and on the basis of the work of the employee in accordance with the law and the collective agreement.
Participants in concluding collective agreements
Article 184
(1) The general collective agreement shall be concluded by the competent body of the representative organization of the trade union of Montenegro, the competent body of the representative association of employers of Montenegro and the Government.
(2) The branch collective agreement in the branch of activity, group, or subgroup of activity shall conclude:
1) in the field of economy - the competent body of the representative association of employers and the competent body of the representative organization of the trade union;
2) for companies whose founder or majority owner is the state - the competent body of the representative association of employers and the competent body of the representative organization of the trade union, and
Government, and for other companies a representative trade union organization and founder;
3) for public institutions and public services whose founder is the state - a representative trade union organization and the Government, and for other public institutions and public services a representative organization
union and founder;
4) for organizations of obligatory social insurance - representative organization of trade unions and the Government;
5) for state bodies and organizations and local self-government bodies - a representative trade union organization and the Government;
6) for sports entities, at the branch level - representative trade union organization and the Government, ie representative trade union organization, umbrella sports association and the Government, at the level
groups or subgroups of activities;
7) for persons who independently perform artistic or other cultural activity - a representative trade union of artists and a state administration body responsible for cultural affairs.
(3) The collective agreement with the employer shall be concluded by the competent body with the employer and the representative organization of the trade union.
(4) A collective agreement with an employer in a company, institution or other public service, the founder of which is the state, ie local self-government, shall be concluded by representative organizations.
the trade union, the director and the competent management body.
Negotiating and concluding collective agreements
Article 185
(1) Participants in concluding a collective agreement are obliged to negotiate.
(2) Each contracting party may initiate negotiations by offering the other party, in writing, a draft text or an amendment to the text of the collective agreement.
(3) The party to which the proposal referred to in paragraph 2 of this Article has been offered shall declare itself within 15 days, in writing, on the proposed proposal for negotiations.
(4) If the parties do not continue negotiations or do not reach an agreement within three months from the beginning of negotiations, ie from the day of submission of the proposal referred to in paragraph 2 of this Article, they shall address
to the Agency for the Amicable Settlement of Labor Disputes.
(5) A collective agreement is concluded when it is signed by authorized representatives of all participants.
Publishing
Article 186
(1) General, branch and collective agreements with the employer shall be registered with the Ministry, and general and branch collective agreements shall be published in the "Official Gazette of Montenegro".
(2) A collective agreement or an amendment to a collective agreement shall be submitted to the Ministry referred to in paragraph 1 of this Article by the contracting party that is first specified in that agreement, or the contracting party that
cancels the contract.
(3) The manner and procedure of registration of the collective agreement referred to in paragraph 1 of this Article shall be prescribed by the Ministry.
Time at which collective agreements are concluded
Article 187
(1) Collective agreements shall be concluded for an indefinite or definite period of time.
(2) A collective agreement concluded for an indefinite period of time shall be terminated by an agreement of all participants or by termination, in the manner determined by that agreement.
(3) A collective agreement concluded for a definite period of time shall cease to be valid upon the expiration of the time for which it was concluded.
(4) A collective agreement concluded for a definite period of time may be extended by agreement of the participants concluding it, no later than 30 days before the expiration of that agreement.

X. ORGANIZATIONS OF EMPLOYEES AND EMPLOYERS
The rights of employees and employers to organize by free choice
Article 188
Employees and employers have the right to freely establish, without prior approval, their organizations and to join them, under the conditions established by the statute and rules.
these organizations.
Voluntary membership in the organization
Article 189
(1) The employee, ie the employer is free to decide on his / her joining the trade union and the employers' organization and withdrawing from those organizations.

(2) No one may be placed in a less favorable position due to membership in the organization, ie actions or inactions in the activities of the organization.
(3) Acting contrary to para. 1 and 2 of this article constitute discrimination.
Prohibition of temporary or permanent action by a decision of the executive
Article 190
The activities of trade unions and employers' organizations cannot be temporarily banned, nor can the organization be dissolved by a decision of the administrative body.
1. Employee union
Conditions for the work of the union
Article 191
(1) The employer shall provide the trade union with conditions for efficient performance of trade union activities, as follows:
- space for work and holding meetings within the business premises with the employer;
- technical and administrative assistance for the work of the trade union to the extent necessary for the realization of trade union activities (use of telephone, fax, internet, bulletin board, computer, photocopier),
if the employer has these funds at his disposal;
- other means and conditions for the work of the trade union, in accordance with the collective agreement.
(2) The exercise of the rights referred to in paragraph 1 of this Article shall be regulated in more detail by a collective agreement with the employer.
Informing the union by the employer
Article 192
(1) The employer shall inform the trade union, ie the representatives of the employees at least once a year about:
1) development plans, their impact on the position of employees and planned changes in wage policy;
2) business results;
3) the list of employees, their working status, working hours for which the employment contract has been concluded and the qualification structure;
4) total calculated gross and paid net salaries, including contributions for compulsory social insurance and the amount of average salary with the employer;
5) realized overtime work;
6) recorded injuries at work and measures taken to improve working conditions;
7) other issues important for the material and social position of employees; i
8) other relevant information.
(2) The employer shall inform the trade union, ie the representatives of the employees about:
1) general acts of the employer;
2) measures of protection and health at work;
3) introduction of new technology and organizational changes;
4) schedule of working hours, night work and overtime work;
5) adoption of measures referred to in Article 167, paragraph 2 of this Law; i
6) time and manner of payment of salaries.
(3) The employer is obliged to inform and submit the acts for the trade union within eight days before the meetings of the employer's bodies in order to attend the meetings of the employer's bodies.
on which the initiatives and proposals of the trade union are considered.
(4) The trade union representative, ie the employee or the employee representative, if there is no organized trade union with the employer, has the right to participate in the discussion before the competent
bodies of the employer, when considering the issues from para. 1 and 2 of this article.
Consideration of union opinions
Article 193
(1) The employer is obliged to request and consider the opinion and proposals of the trade union before making a decision of importance for the professional and economic interests of employees, collective
dismissal of employees and systematization of jobs.
(2) In the cases referred to in paragraph 1 of this Article, the employer is obliged to timely, and no later than five days before the meeting, inform the trade union representative at the appropriate
level in order to attend the meetings of the employer's bodies at which the submitted opinions and proposals are considered and decisions are made that are important for professional and economic
interests of employees.
(3) The trade union with the employer has the right to initiate a procedure with the competent court in order to protect the rights of its members from work and on the basis of work.
Authorized union representative
Article 194
(1) The trade union independently decides on the manner of its representation with the employer.
(2) The trade union may appoint or elect one authorized trade union representative to represent it.
(3) The employer is obliged to enable the authorized trade union representative to exercise his rights in a timely manner, in terms of paragraph 2 of this Article.
(4) The authorized trade union representative is obliged to perform trade union activities in a way that will not affect the efficiency of the employer's operations.
(5) The trade union is obliged to inform the employer about the appointment of the authorized trade union representative within 15 days from the day of entry in the register kept by the Ministry, in accordance with
by law.
Absence from work of an authorized trade union representative
Article 195
(1) The collective agreement may regulate the conditions, manner and procedure of professionalization of the work of an authorized trade union representative, in the interest of the protection of trade union rights.
(2) An authorized trade union representative who performs trade union activity full-time (professionally) has the right to return to the job he / she has been terminated upon termination of the trade union function.
performed before coming to that position, and if that position no longer exists, then to a position that corresponds to his qualification of the level of education or professional qualification
education.
(3) The employer is obliged to enable an authorized trade union representative who does not perform trade union activity full-time (professionally) to be absent from work with
salary compensation for attending trade union meetings, seminars, courses, congresses and conferences in the country and abroad.
(4) The authorized trade union representative, except for the performance of activities referred to in paragraph 3 of this Article, shall, if necessary, be provided with the performance of activities with salary compensation for a period of 20
hours per month.
(5) The employer must be informed in writing about the absence of the authorized trade union representative in the cases referred to in para. 3 and 4 of this Article, at least three days before his
absences.
Protection of union representatives
Article 196
The authorized trade union representative with the employer, during the performance of trade union activities and six months after the cessation of trade union activities, may not be called to account,
declared as an employee whose work is no longer needed, reassigned to another job with the same or another employer or otherwise disadvantaged, if
acts in accordance with the law, the collective agreement and the employment contract.
Freedom to exercise trade union rights
Article 197
(1) The employer is obliged to provide the employee with free exercise of trade union rights.
(2) The employer is obliged to provide the trade union with conditions for efficient performance of trade union activities which protect the interests and rights of employees, in accordance with the collective agreement.
(3) The authorized trade union representative has the right to be absent from work with salary compensation for the purpose of performing activities organized by the trade union in accordance with the collective agreement.
(4) The employer is not obliged to pay the salary compensation to the authorized representative of the trade union whose absence from work is not in accordance with the collective agreement referred to in paragraph 3 of this Article.
(5) The employer must be notified in writing of the employee's absence in the cases referred to in paragraph 3 of this Article, at least three days before his absence.
2. Employers Association
Representativeness of employers' associations
Article 198
(1) The Association of Employers, in terms of this Law, is considered representative if its members employ at least 25% of employees in the economy of Montenegro and participate in
gross domestic product of Montenegro with at least 25%.
(2) Employers' associations shall be entered in the register kept by the Ministry.
(3) The manner and procedure of registration of an association of employers and more detailed criteria for determining the representativeness of an association of employers shall be prescribed by the Ministry.
Judicial protection
Article 199
In case of a dispute on the representativeness of a trade union, ie an association of employers, in the sense of this law, the competent court shall decide, in accordance with the law.

XI. SPECIAL TYPES OF CONTRACTS
Temporary and occasional jobs
Article 200
(1) The employer may, for the performance of certain tasks which are not provided for in the act on internal organization and systematization of jobs and which do not require special knowledge and
expertise, and by their nature are such that they do not last longer than 120 working days in a calendar year (temporary and occasional jobs), with a certain person who is on the records
unemployed persons of the Employment Bureau, to conclude a contract on performing temporary and occasional jobs.
(2) The contract on the performance of temporary and occasional work shall be concluded in writing and shall contain: the name and seat of the employer, personal data of the executor of the work (name, surname and JMB), type and
a description of the jobs that are the subject of the contract, the period for which the contract is concluded, the place and manner of execution of the work and the amount of compensation for the work performed.
(3) The contract referred to in paragraph 2 of this Article may stipulate the conditions and reasons for which the contracting parties may terminate the contract before the expiration of the term for which it was concluded.
Employment in educational institutions
Article 201
With the persons who participate in the realization of the teaching process in the educational institution, an engagement contract may be concluded for a duration not longer than one school, ie study
years, in accordance with the law and acts of that institution.
Additional work
Article 202
(1) An employee who works full time may conclude a contract on additional work with the same or another employer, for a period of up to one half of full time.
(2) The contract on additional work shall be concluded in writing and shall contain: the name and seat of the employer; name and surname and JMB of the engaged person; job description; place of work and manner of performance
jobs; the period for which the contract is concluded; working time data; the amount of monetary compensation for the work performed; deadlines for payment of compensation; rights, obligations and responsibilities o
occupational safety and health issues; reasons for termination of the contract and other rights and obligations based on work.
(3) The contract referred to in paragraph 2 of this Article shall cease to be valid after the expiration of the agreed term or termination of the contract by one of the contracting parties.
Insurance of persons who conclude a special contract
Article 203
(1) The person with whom the contract has been concluded, in terms of Art. 200, 201 and 202 of this law, is entitled to health and pension insurance, in accordance with the law.
(2) The employer is obliged to keep records of contracts referred to in Art. 200, 201 and 202 of this law.

XII. Work booklet
Workbook as a public document
Article 204
(1) The employee has a work book.
(2) The work book is a public document.
(3) The content of the workbook, the procedure of issuing, the method of entering data, the procedure of replacing and issuing new workbooks, the method of keeping the register of issued workbooks and the form
workbooks are prescribed by the Ministry.
(4) The work book shall be issued by the competent local government body.
Keeping a workbook
Article 205
(1) The employee hands over the work book to the employer on the day of the beginning of work with the appropriate certificate.
(2) It is prohibited to enter negative data in connection with the work of an employee in the work book.
(3) The employer is obliged to return to the employee a duly completed employment record book, on the day of termination of employment, ie employment contract with an appropriate certificate.

XIII. SUPERVISION
Supervision
Article 206
(1) Supervision over the implementation of this Law and regulations adopted on the basis of this Law shall be performed by the Ministry.
(2) Inspection supervision over the application of this Law and other labor regulations, collective agreements and employment contracts, ie contracts referred to in Art. 200, 201, 202 and 203 of this law which
regulate the rights, obligations and responsibilities of employees by labor inspection.
(3) In performing supervision, the labor inspector shall have the powers determined by law.
Supervision of professional work
Article 207
(1) The Ministry shall supervise the professional work of agencies for temporary assignment of employees.
(2) In the supervision of professional work, it shall be determined whether the conditions regarding space, staff, equipment and other conditions prescribed by the Ministry have been met, on the basis of insight into the documentation.

XIV. PENAL PROVISIONS
Article 208
(1) A fine in the amount of EUR 2,000 to EUR 20,000 shall be imposed on a legal entity if:
1) does not have an act on internal organization and systematization of jobs if it has more than ten employees (Article 19, paragraph 1, item 1);
2) in the business premises, ie in the place of performance of works, there is no approval for performing activities, ie work application issued by the competent authority and a copy of the employment contract
employee, ie other employment contract and application for compulsory social insurance (Article 19, paragraph 1, item 3);
3) does not conclude an employment contract in accordance with Article 20 of this Law;
4) the employer fails to notify the participants in the announcement of the selection of candidates within 45 days from the day of the deadline for submission of the application (Article 26);
5) does not conclude an employment contract in accordance with Article 30 of this Law;
6) does not conclude an employment contract in accordance with Article 31 of this Law;
7) fails to register the employee for compulsory social insurance (health, pension and disability insurance and unemployment insurance) in accordance with the law, with the date of entry into force
work, and does not submit the application to the competent authority within eight days from the day of starting work (Article 33, paragraph 1);
8) in the case referred to in Article 38, paragraph 1 of this Law, within five days from the day of determining the irregularity or expiration of the employment contract with the employee does not conclude an employment contract for an indefinite period
time (Article 38 paragraph 2);
9) does not conclude an employment contract in accordance with Article 39 of this Law;
10) fails to conclude an agreement on the transfer of employees in accordance with Article 54 of this Law;
11) does not conclude an employment contract for performing activities through the Agency in accordance with Article 55 of this Law;
12) fails to pay the employee the agreed salary for the work performed by the user and in the event that the user does not submit to the Agency the calculation of the agreed salary, ie does not settle the obligations according to
Agency (Article 57, paragraph 4);
13) organizes work on public and religious holidays, and does not make a written decision and does not inform employees, the union with the employer, labor inspection, within three days before
commencement of work (Article 89, paragraph 3);
14) fails to pay the employee's salary once a month (Article 105, paragraph 1);
15) when paying the salary, as well as in case he was not able to pay the salary and salary compensation or could not pay them in full, he does not hand over to the employee the salary calculation which is
paid or was obliged to pay (Article 105, paragraphs 2 and 3);
16) fails to change the employer, in accordance with Article 108 of this Law;
17) does not provide protection of employees, in accordance with Art. 119, 120, 121, 122, 123, 124, 125 and 126 of this law;
18) does not provide the employed parent, adoptive parent, guardian and foster parent with the use of the right in accordance with Art. 127, 128, 129,130, 131, 132, 133, 134, 135, 136 and 138 of this law;
19) does not make a decision on termination of the employment contract in the form of a decision and does not deliver it to the employee (Article 175, paragraph 1);
20) in the event of termination of employment, ie termination of the employment contract, in accordance with the law, the collective agreement and the employment contract, does not pay the unpaid salary to the employee,
compensation of salaries and other income earned by the employee until the day of termination of employment, as well as non-payment of social security contributions within 30 days from the date of termination
employment relationship (Article 179 paragraph 1);
21) fails to return to the employee a duly completed employment record book on the day of termination of employment, ie employment contract with an appropriate certificate (Article 205, paragraph 3);
(2) For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the legal entity shall also be fined in the amount of EUR 200 to EUR 2,000.
(3) For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined in the amount of EUR 500 to EUR 6,000.
Article 209
(1) A fine in the amount of EUR 1,000 to EUR 10,000 shall be imposed on a legal person for a misdemeanor if:
1) does not provide protection of the rights of employees in accordance with Art. 7, 8, 9, 11, 12, 13 and 14 of this Law;
2) concludes an employment contract contrary to Article 21 of this Law;
3) conclude an employment contract with a person under the age of 18 contrary to Article 22 of this Law;
4) fails to conduct internal notification if the opportunity arises in accordance with Article 23 of this Law;
5) when concluding the employment contract, request from the candidate the data referred to in Article 25, paragraph 2 of this Law;
6) fails to deliver a copy of the employment contract to the employee on the day of starting work (Article 29, paragraph 4);
7) fails to deliver a copy of the application for compulsory social insurance to the employee within five days from the day of issuance by the competent authority (Article 33, paragraph 2);
8) does not deregister the employee from social insurance in accordance with a special regulation (Article 33, paragraph 3);
9) contracts probationary work longer than six months (Article 34, paragraph 2);
10) does not keep records of employment contracts and does not inform the labor inspection thereof (Article 43, paragraph 1);
11) does not pay the agreed salary for performing household chores in the manner referred to in Article 45 para. 4 and 5 of this law;
12) fails to acquaint the employee with the content of the agreement in the part related to his rights and obligations (Article 57, paragraph 1);
13) does not acquaint the employee with all risks of performing work at the user, which are related to protection and health at work and for that purpose does not train him to work on those jobs, in accordance with
regulations on protection and health at work, unless the agreement on the assignment of the employee does not stipulate that these obligations will be performed by the user (Article 57, paragraph 2);
14) does not acquaint the employee with new work technologies for performing the tasks that the employee will perform, unless the user has assumed this obligation by the assignment agreement (Article 57
paragraph 3);
15) does not inform the trade union, ie the employee representative about the number and reasons for hiring the assigned employees at least once in six months (Article 58, paragraph 2);
16) does not enable an employee who works part-time, in terms of Article 63 of this Law, to use the rights from work that a full-time employee has or
engages in overtime work (Article 63, paragraphs 3 and 4);
17) introduces overtime work contrary to Article 64 of this Law;
18) does not make a written decision on the schedule of working hours of employees and their schedule by shifts, if the work of that employer is organized by shifts (Article 67, paragraph 3);
19) fails to notify employees in an appropriate manner of the decision referred to in Article 67, paragraph 3 of this Law, at least seven days in advance, except in cases of urgent and urgent need for work
(Article 67, paragraph 4);
20) has redistributed working hours contrary to Article 68 of this Law;
21) has recalculated working hours contrary to Article 69 of this Law;
22) organizes night work contrary to Article 70 of this Law;
23) does not provide the shift worker with shift replacement in such a way that the night shift employee works for a maximum of one working week in a row (Article 71, paragraph 3);
24) does not provide protection of the rights of employees who work at night and in shifts in accordance with Article 72 of this Law;
25) does not provide time for rest during daily work, daily and weekly, as well as the use of annual leave, in accordance with Art. 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85 and 86
of this law;
26) in the case referred to in Article 76, paragraph 3 of this Law, fails to determine the schedule for the use of weekly rest and fails to inform the employee thereof (Article 76, paragraph 4);
27) does not enable the employee and the spouse of the employee to return to the same or another job that corresponds to their level of education qualification, ie professional
qualifications of education, within 15 days from the day of termination of the reason for which the rights and obligations from work were suspended (Article 91, paragraph 4);
28) fails to train the employee for safe work in accordance with the law (Article 92, paragraph 1);
29) does not keep monthly records on earnings and salary compensation (Article 107);
30) as a successor employer, does not apply the collective agreement of the employer of the predecessor in accordance with Article 109 of this Law;
31) fails to notify the trade union of employers, ie employee representatives in accordance with Article 110 of this Law;
32) fails to submit a written notice to the employee or fails to make a decision on the protection of the employee's rights within 15 days from the day of submitting the request referred to in Article 139, paragraph 2 of this Article (Article
139 paragraph 4);
33) fails to submit to the employee, or his defense counsel, if any, to the representative of the trade union who participated in the procedure, the decision on the imposed measure for violation of work obligations, within
from eight days from the day of enactment (Article 148, paragraph 7);
34) fails to conduct information and consultations in accordance with Article 167 of this Law;
35) fails to conduct the procedure of termination of the employment contract due to the termination of the need for work in accordance with Article 168 of this Law;
36) fails to pay severance pay in accordance with Article 169 of this Law;
37) fails to inform the trade union, ie employee representatives once a year about the issues prescribed in Article 192, paragraph 1 of this Law;
38) does not inform and does not submit acts to the trade union for the purpose of attending the meetings of the employer's bodies at which the initiatives and proposals of the trade union are considered, within eight days (Article 192
paragraph 3);
39) does not request and does not consider the opinion and proposals of the trade union in accordance with Article 193 of this Law;
40) does not provide employees with free exercise of trade union rights (Article 197, paragraph 1)
41) fails to provide the trade union with conditions for efficient performance of trade union activities which protect the interests and rights of employees in accordance with the collective agreement (Article 197, paragraph 2);
42) does not keep records on contracts referred to in Art. 200, 201 and 202 of this Law (Article 203 paragraph 2).
(2) For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the legal entity shall also be fined in the amount of 100 euros to 1,000 euros.
(3) For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined in the amount of EUR 500 to EUR 5,000.

XV. TRANSITIONAL AND FINAL PROVISIONS
Proceedings initiated
Article 210
(1) Procedures for exercising and protecting the rights of employees initiated before the entry into force of this Law shall be terminated in accordance with the regulations that were in force until the day of entry into force of this Law.
of the law.
(2) Notwithstanding paragraph 1 of this Article, the proceedings referred to in Art. 112 and 114 of this law shall be terminated according to the provisions of this law.
Cash receivables
Article 211
Cash receivables from work arising from August 23, 2008 until the entry into force of this Law shall become statute-barred within four years from the day this Law enters into force.
Coordinating the work of agencies
Article 212
Agencies for temporary assignment of employees, established before the entry into force of this Law, are obliged to harmonize their work and operations with this Law within one year from the day
of his entry.
Harmonization of employment contracts and assignment agreements
Article 213
For fixed-term employment contracts and agreements on the transfer of employees that are concluded after the entry into force of this law, the time that the employee is before the entry into force of this law.
the force of this law spent at work with the employer on the basis of a fixed-term employment contract as well as the time for which the employee was temporarily assigned to the employer through
Agency, shall be calculated in the time prescribed by Article 37, paragraph 2 of this Law.
Adoption of regulations
Article 214
(1) Regulations for the implementation of this Law shall be adopted within six months from the day this Law enters into force.
(2) Until the enactment of the regulations referred to in paragraph 1 of this Article, the existing regulations shall apply, if they are not in conflict with this Law.
Article 215
The act on internal organization and systematization of jobs referred to in Article 19, paragraph 1, item 1 of this Law, employers are obliged to pass no later than six months from the date of entry
to the force of this law.
Conclusion of the General Collective Agreement
Article 216
(1) The general collective agreement, in accordance with this Law, shall be concluded no later than December 31, 2021.
(2) The provisions of the General Collective Agreement that are valid on the day this Law enters into force shall be applied until the expiration of the deadline referred to in paragraph 1 of this Article, except for the provisions of Art. 4, 5, 6, 7, 12, 13, 14,
15, 16, 35, 37 paragraph 1 item 4 and Art. 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57 which shall cease to be valid on the day this Law enters into force.
(3) By concluding the collective agreement referred to in paragraph 1 of this Article, ie by the expiration of the deadline for its conclusion, the General Collective Agreement ("Official Gazette of Montenegro", No. 14/14) shall cease to be valid.
39/16).
Harmonization of collective agreements
Article 217
(1) The provisions of branch and collective agreements with the employer shall be harmonized with the law within one year from the day this law enters into force.
(2) Notwithstanding paragraph 1 of this Article, the provisions of collective agreements referred to in paragraph 1 of this Article governing the procedure of liability for breaches of work obligations shall cease to be valid on the day of entry into force.
to the force of this law.
(3) The provisions of collective agreements that are not harmonized with this Law within the period referred to in paragraph 1 of this Article, and which are in conflict with this Law, shall cease to be valid within one year
from the day this law enters into force.
Delayed application
Article 218
The provision of Article 200 of this Law shall apply six months after the date of entry into force of this Law.
The provisions of Art. Articles 11 and 115 of this Law shall apply from the day of Montenegro's accession to the European Union.
Termination of an earlier law
Article 219
On the day this Law enters into force, the Labor Law ("Official Gazette of Montenegro", No. 49/08, 59/11, 66/12 and 31/14) shall cease to be valid.
Entry into force
Article 220
This Law shall enter into force on the eighth day from the day of its publication in the "Official Gazette of Montenegro".

Independent member of the Law on Amendment
Labor Law
("Official Gazette of Montenegro", No. 8/2021)

Article 2
This Law shall enter into force on the day of its publication in the "Official Gazette of Montenegro".

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All regulations on the site as well as other information were updated as of March 31, 2021.

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