Latest developments in 2019

AuthorMaja Kostić-Mandić
12.1 Legislative 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 t raining and
in-service training; and membership of employeesand employers organisations (Articles
11-13). This Law introduces important new p rovisions in the domain of enforcement. For
example, an employee who consid ers 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 man ner.
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
The Law on Employment Assistance and Rights during Unemployment 171 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 an d 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, ethn ic 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 th e
process of evaluat ing 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 th e Law of Civil Procedure,172 the costs of translation into
sign language shall be borne by the funds of the cou rt (Article 102).
12.2 Case law
There is n o case law from 2019 relating to the grounds of discrimination covered by this
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.

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