Equal pay and equal treatment at work (Article 157 of the Treaty on the Functioning of the European Union (TFEU) and Recast Directive 2006/54)

AuthorVesna Simovic-Zvicer
4 Equal pay and equal treatment at work (Article 157 of the Treaty on the
Functioning of the European Union (TFEU) and Recast D irective 2006/54)
4.1 General (legal) context
4.1.1 Surveys on the gender pay gap and the difficulties of realising equal pay
According to the survey conducted by the Montenegrin Employers Federation, t he
difference in earnings between men and women is 13.9 %, which means that women earn
only 86.1 % of the average salary paid to men for the same work and work of equal
According to the Plan of activities for achieving gender equality in Montenegro 2017-2021,
the causes of gender pay gap include:
1) direct discrimination;
2) indirect discrimination;
3) lower evaluation of women's work;
4) segregation in the labour market;
5) tradition and stereotypes;
6) increased need for women to balance work and private life, which is probably related
to taking additional responsibilities as ca re providers ( not only to child ren but also
the elderly and disabled members of the household).
One of the result s of the gender wage gap, in accordance with the fa ct that women earn
less when they are employed, is t hat women have lower p ensions, which consequently
increases the risk of poverty.
4.1.2 Surveys on the difficulties of realising equal treatment at work
Full-time equivalent employment rates in Montenegro are 37.3 % for women and 50.5 %
for men. This means that there is a gender difference of 13.2 percentage points. The
indicator of the average length of working life for women in Montenegro in 2017 was 27.9.
This means that, on average, a woman who is 15 years old today is expected to be active
in the labour market for the n ext 27.9 years, while the expectancy f or a man i s longer
34.4 years. The difference could be explained by the fact that women find it harder to get
a job or that motherhood is often the reason for termination of employment (especially in
the case of fixed-term contracts).54
According to the Ombudsman survey conducted in Nov ember 2018 as part of th e project
Truths and Misconceptions of Discrimination, citizens perceive that discrimination against
women is still highly pronounced (22.7 %). Oth er groups at a high risk of discrimination
are: persons with disabilities; workers wh o have an employment contract with a private
employer; Roma; and those living in underdeveloped and rural areas. When it comes to
trust in protection against discrimination, men (22.3 %) have more trust in the state than
women (16.4 %), which confirms women’s mistrust of public authorities in situations when
they have suffered discrimination or were potential victims of unequal t reatment.55
According to a survey by the Montenegrin Employers Federation,56 the average number of
employees in the companies survey ed is 172, of which 40.96 % ar e women. It should be
53 Montenegrin Employers Federation (2017) ‘Više žena u menadzmentu – ključ uspješnog poslovanja’, p. 13,
available at: http://www.poslodavci.org/biblioteka/publikacije/vise-zena-u-menadzmentu-kljuc-uspjesnog-
54 Olivera Komar, Gender Equality Index, Montenegro, 2019, p. 16.
55 Ombudsman (2019) Report for 2018, p. 181.
56 Montenegrin Employers Federation (2017) Women in Management in Montenegro, Podgorica, p. 36,
available at: http://poslodavci.org/aktivnosti/projekti/zene-u-menadzmentu-u-crnoj-gori-podrska-liderstvu-

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