Latest developments in 2019

• Author: Maja Kostić-Mandić
• Pages: 100-101

100

12LATEST DEVELOPMENTS IN 2019

12.1Legislative amendments

The year 2019 was marked by the adoption of the new Labour Law,170 which contains non-

discrimination provisions aligned with the LPD and the directives. In order to be fully

aligned with the directives, the Law introduced special provisions on prohibition of

discrimination in relation to professional social security systems; vocational training and

in-service training; and membership of employees’ and employers’ organisations (Articles

11-13). This Law introduces important new provisions in the domain of enforcement. For

example, an employee who considers themselves to be a victim of discrimination is now

obliged, before filing a complaint to the court, to start a procedure before the Agency for

Peaceful Labour Dispute Resolution or the Centre for Alternative Dispute Resolution. The

Law also introduces a rule on shifting the burden of proof on to the respondent. However,

it fails to address the duty of reasonable accommodation in a proper manner.

The two newly adopted pieces of legislation, the Law on Employment Assistance and Rights

during Unemployment and the Law on Youth, address non-discrimination and equality

issues.

The Law on Employment Assistance and Rights during Unemployment171 stipulates that it

is based on the principles of non-discrimination, gender equality, affirmative action directed

at especially vulnerable groups of unemployed persons, impartiality in employment affairs

and free employment in connection with employment for unemployed persons and other

job seekers (Article 4).

The Law on Youth defines the basic principles on which youth policy is based, one of them

being the principle of youth equality in the exercise of rights regardless of: ‘age, physical

ability, physical appearance, health status, disability, national, racial, ethnic or religious

affiliation, gender, language, political commitment, social origin and property, sexual

orientation, gender identity, and other personal attributes’. It is indisputable that the said

principle is intended to include all personal characteristics, but it is also certain that in the

process of evaluating the scope of this and all other laws, when it comes to the principle

of equality, the question of conformity of the definition with the definition contained in the

LPD would be raised, so it is good that the legislative process in all fields accepts a single

definition in terms of all the personal attributes listed as such in systemic law. This Law

provides for the education of young people; the mechanisms of their involvement in active

employment measures as a public interest in the field of youth policy (Article 5(1)(5)) will

be addressed in more detail in the strategy and the action plan to follow.

As a result of amendments to the Law of Civil Procedure,172the costs of translation into

sign language shall be borne by the funds of the court (Article 102).

12.2Case law

There is no case law from 2019 relating to the grounds of discrimination covered by this

report.

170 Labour Law, Official Gazette of Montenegro, No. 74/19.

171 The Law on Employment Assistance and Rights during Unemployment, Official Gazette of Montenegro,

No. 24/19.

172 Law on Civil Procedure, Official Gazette of Montenegro, Nos. 22/04, 28/05, 76/06, 73/10, 47/15, 48/15,

51/17, 75/17,062/18, 34/19 and 42/19.