CDD reglementés: Oui

Remarks

The New Labour Act regulates fixed-term contracts through 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 execution of a specific job or the occurrence of a specific event.
Article 38

Motifs autorisés de recours au CDD: raisons matérielles et objectives

Remarks

See Article 37 (1) above.

Nombre maximum de CDD successifs: aucune limitation

Remarks

The New Labour Act does not provide limitation for number of renewals, being implicit that as long as the lenght of the contract does not exceed 36 months, there is no limitation of renewals: Article 37 (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.

Durée cumulée maximum de CDD successifs: 36mois

Remarks

According to article 37 of the new Labour Act, the maximum duration of fixed-term employment agreements is extended from 24 to 36 months. The period in which an employee is temporarily assigned to the employer via an agency for the assignment of employees is also included in the 36-month period. However, the duration of internships and extensions of the term of employment due to pregnancy, maternity leave, parental leave, adoption and foster leave are expressly excluded from the 36-month period. This limitation of the term is not applied to employment agreements with directors and to agreements with an agency on assignment of employees or to employment agreements with athletes (article 39). Additionally, fixed-term employment agreements must contain the basis for the conclusion of such an agreement. According to Paragraph 6, an employment contract may be concluded for a definite period of time and longer than 36 months if this is necessary due to the replacement of a temporarily absent certain employee, seasonal work and work on a specific project until the end of the project.

Durée maximale de la période d'essai (en mois): 6 mois

Remarks

Art. 34 of New Labour Act provides that probationan periods may last 6 months, expect 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. (Paragraph 2).

Obligation d'informer le travailleur des raisons du licenciement: Oui

Remarks

Article 174 of the New Labour Act provides that the dismissal decision shall contain the grounds for termination of employment, an explanation and a note indicating available legal remedies:
(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 of 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 dismissal, evidence indicating that the conditions for dismissal 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.

Article 175 (2) The decision referred to in paragraph 1 of this Article shall contain: the basis for dismissal, explanation and instruction on the legal remedy.

Motifs autorisés (licenciement justifié): capacité du travailleur, conduite du travailleur, motifs économiques

Remarks

Article 172 of the New Labour Act provides valid grounds for individual dismissals without conducting the procedure of determining responsibility, if there is a justified reason for that: a) if the employee’s behaviour is such that he cannot continue to work for the employer (e.g. coming to work intoxicated, drinking or using narcotics during the work, refusing to undergo medical test to determine intoxication, abusive, offensive, or inappropriate behaviour to the customers or the employees, etc.); b) if the employee gave inaccurate data during the recruitment process; c) abuses of sick leave;
d) failure to return to work after the expiry of unpaid leave.

Motifs prohibés: état matrimonial, grossesse, congé de matérnité, responsabilités familiales, avoir déposé une plainte contre l'employeur, maladie ou accident professionel temporaire, race, couleur, sexe, orientation sexuelle, religion, opinion politique, origine sociale, nationalité/origine nationale, âge, affiliation et activités syndicales, handicap, statut financier, langue, congé parental, dénonciation/ alerte, naissance, état de santé, origine ethnique

Remarks

Article 7 forbids direct and indirect discrimination against jobseekers, as well as employees, on the grounds of race, color, nationality, social or ethnic origin, affiliation with a minority nation or minority national community, language, religion or belief, political or otherwise, is prohibited. opinion, gender, gender reassignment, gender identity, sexual orientation, health status, 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 any other personal property.

Article 9 (5) provides that the protection against discrimination provided by article 7 applies in case of termination of employment.

Article 173 provides reasons that might not be considered valid grounds for dismissals: 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 leave due to maintenance of pregnancy, maternity, parental, adoptive and foster leave and leave from work for the purpose of 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 belief or some other personal characteristics 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 filing a report on that suspicion in good faith; 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.

Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs, femmes enceintes ou en congé de maternité, travailleurs avec des responsabilités familiales, travailleurs avec une invalidité confirmée, travailleurs handicapés

Remarks

See Article 173 provisions on protection against dismissals.

Forme de la notification du licenciement au travailleur: écrite

Remarks

See articles 174 and 175 of New Labour Act above.

Délai de préavis:

Remarks

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 (notice period).

ancienneté ≥ 6 mois:

  • Tous: 1 mois.

ancienneté ≥ 9 mois:

  • Tous: 1 mois.

ancienneté ≥ 1 an:

  • Tous: 1 mois.

ancienneté ≥ 2 ans:

  • Tous: 1 mois.

ancienneté ≥ 4 ans:

  • Tous: 1 mois.

ancienneté ≥ 5 ans:

  • Tous: 1 mois.

ancienneté ≥ 10 ans:

  • Tous: 1 mois.

ancienneté ≥ 20 ans:

  • Tous: 1 mois.

Indemnité compensatrice de préavis: Oui

Remarks

Article 177 provides that 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 (notice period), except for terminations occurred due to serious breach of employment in accordance with the collective agreement. Paragraph 3 provides that an 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 with salary compensation in the amount determined by the collective agreement and employment contract.

Notification à l'administration publique: Non

Notification aux représentants des travailleurs: Oui

Remarks

Although individual dismissal itself does not require notification to workers'representatives, Article 168 (3) of the New Labour Act provides that 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, those employees and the trade union with the employer shall be notified in writing, no later than five days before the decision on termination of employment .

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Accord des représentants des travailleurs: Non

Définition du licenciement collectif (nombre d'employés concernés): Article 167 of the New Labour Act provides rules for collective dismissals in case the dismissals reach at least 20 employees. Contrary to the 2008 Labour Act, which prescribed only the obligation to notify the employees and their representatives and other authorities, the Labour Act prescribes the duty to initiate consultations with the labour union or the employees (or their representatives) and to notify the Employment Agency about the consultations. In addition, the employer cannot employ another person in the position deemed redundant for a period of six months

Remarks

Article 167 of the New Labour Act provides, in its paragraphs, rules for collective dismissals in case the dismissals reach at least 20 employees, including start consultations, request and consider the opinion and proposals of the trade union or employee representatives, provide information related to reason for termination of contracts, total of employees involved, criteria of determining employees to be dismissed, severance pay, professional placement, training during lay off.
According to paragraph 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 the cessation of the need for work of employees or to mitigate its consequences, as well as to write to each submitted proposal. explanation.
Also, 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 information on the developments of the consultation process, particularly concerning duration and results.

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks

Article 167 of the New Labour Act determines that the consultation of trade unions or workers'representatives is mandatory in case of collective dismissals:

(1) If the employer intends to carry out a collective dismissal for at least 20 employees within a period of 90 days, it is mandatory 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 by the employer. decisions on termination of the need for work of employees in order to reach an agreement, in order to eliminate or reduce the need for termination of work of employees.

(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 the cessation of the need for work of employees or to mitigate its consequences, as well as to write to each submitted proposal explanation.

Notification à l'administration publique: Oui

Remarks

Article 16, paragraphs 6, 7 and 8 provide rules for notification of Employment Agency in case of collective dismissals:
(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: a) information referred to in paragraph 1 of this Article; b) data on the duration of consultations with the trade union; c) data on the results of the conducted consultation; d) 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 their remarks and proposals to the Employment Service and the employer on the submitted information referred to in para. 2 and 6 of this article.

Notification aux représentants des travailleurs: Oui

Remarks

See article 167 of new Labour Act about prior consultation with trade unions and workers'representatives.

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Accord des représentants des travailleurs: Non

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Non

Remarks

No statutory criteria in the New Labour Law. However, article 167 (2) determines that the employer must provide information on the criteria used to choose employees to be affected by the collective dismissals, as follows: (2) For the purpose of conducting the consultations referred to in paragraph 1 of this Article, the employer shall submit to the trade union, ie employees or employee representatives, in writing, the following information: a) reasons for termination of the need for work of employees; b) number of total employees; c) criteria for determining employees whose work might cease to be needed; d) the number of employees whose work could cease to be needed, as well as data on their workplace and the jobs they perform; e) criteria for calculating the amount of severance pay; e) measures taken by him for the purpose of taking care of employees whose work might cease to be necessary: ​​assignment to other jobs with the same employer in the degree of education of the employee; schedule with another employer in the qualification of education level, ie 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.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks

Article 167 (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 the cessation of the need for work of employees or to mitigate its consequences, as well as to write to each submitted proposal. explanation.

Règles de priorité de réembauche: Non

Remarks

Article 170 of New Labour Law provides that re-employment if possible.

Indemnité de licenciement:

Remarks

The amount of severance pay has been unchanged with the New Labour Act, which is now provided by the article 169. Severance pay must amount to at least 1/3 of the employee's monthly pay in the last six months (less the taxes and contributions) for each year of employment with the employer, or 1/3 of the average monthly pay less the taxes and contributions in Montenegro, if the latter is more favourable for the employee. In any case, severance pay must not be lower than three average monthly wages in the last six months less taxes and contributions by the employer, or the average monthly wages less taxes and contributions in Montenegro in the last six months, if the latter is more favourable for the employee.
The calculation method is based on the employee's length of service. In addition, the law provides a minimum amount of 3 months' pay which may either be based on the employee's salary in the last 6 months or the average salary in in the last 6 months, whichever is more favourable to the employee.
However, the New Labour Act introduced a rule by which only workers with over 18 months of contract have the right to receive severance pay:
(2) In case of termination of employment due to economic reasons (redundancy), the worker has the right to the payment of severance pay, provided that has spent at least 18 months in employment with that employer, in case the rules of arti. 168 are not applied.

Concerning people with disabilities:

(6) An employee with at least 50% of disability whose work is no longer needed, and whose disability arose during the period of work with that employer, and he is not provided with any 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 contributions of the employee, 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.

ancienneté ≥ 6 mois: 3 mois

ancienneté ≥ 9 mois: 3 mois

ancienneté ≥ 1 an: 3 mois

ancienneté ≥ 4 ans: 3 mois

ancienneté ≥ 5 ans: 3 mois

ancienneté ≥ 10 ans: 3.3 mois

ancienneté ≥ 20 ans: 6.7 mois

Indemnité de licenciement pour motif économique:

Remarks

Article 167 provides rules regarding collective dismissals and payment of redundancy pay. According (2), the employer must provide workers´representatives criteria for calculating the amount of severance pay. In case there is no criteria or the redundancy does not fall into the requirements of collective dismissal, article 169 provides that (1) the employer is obliged to pay severance pay in the amount of at least 1/3 of workers´monthly average salary without taxes and contributions to the previous semester for each year of work with that employer and (2) the worker must have spent at least 18 months in employment with that employer.

ancienneté ≥ 6 mois: 0 mois

ancienneté ≥ 9 mois: 0 mois

ancienneté ≥ 1 an: 0 mois

ancienneté ≥ 2 ans: 3 mois

ancienneté ≥ 4 ans: 3 mois

ancienneté ≥ 5 ans: 3 mois

ancienneté ≥ 10 ans: 3.3 mois

ancienneté ≥ 20 ans: 6.7 mois

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks

Article 180 (1) Against the decision of termination of employment, 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 (amicable dispute resolution agency). (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 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.

Compensation for unfair dismissal - Are there legal limits?: Oui

Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie): In the event of unlawful or unjustified dismissal, the employee shall be entitled to a compensation of financial and non-financial damage in addition to reinstatement, as follows:
- Compensation for financial damages amounts to the lost wages and other income the employee would have received if she/he had been employed and the contributions for mandatory social insurance. Earnings realized by the employee based on the employment contract upon termination of employment shall be deducted by the aforementioned amount for mandatory social insurance.
- In addition, the Court may award compensation for non-pecuniary damages if its rules that dismissal resulted in violation of the employee's rights of personality, honour, reputation and dignity, the amount of which shall be freely determined by the Court.

Remarks

Article 180 (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 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 is entitled to compensation for material damage in the amount of lost earnings and other income he would have earned if he had been employed. by law, collective agreement and employment contract and 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-pecuniary damage, in the procedure provided by law.

Possibilité de réintégration dans l'emploi: Oui

Remarks

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. (3) During 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, decide to temporarily return the employee to work until the end of the dispute. (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, 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.

Conciliation préalable obligatoire: Oui

Remarks

Article 140 of the New Labour Act, (1), provides that 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 peaceful settlement of the dispute before the Agency for peaceful settlement of labor disputes or the Center for Alternative Dispute Resolution.

Courts ou tribunaux compétents: juridiction ordinaire

Remarks

Basic courts are responsible for deciding in cases of first instance in civil, labour and criminal cases, according article 16 of Law 5/2002 on the Courts.
Article 16 The basic court shall have jurisdiction (3) In labour law cases to judge at first instance the disputes related to: a) employment rights; b) conclusion and application of collective contracts, as well as all disputes between the employer and trade unions; c) application of the rules on strike;
d) appointment and removal of bodies in companies and other legal entities.

Règlement des litiges individuels par arbitrage: Oui

Remarks

Employee and employer (parties to a dispute) may entrust an arbitrator with the settlement of a dispute arising from and based on employment (individual labour dispute). The Labour Law stipulates that the employee and the employer must turn to the Agency for the Peaceful Resolution of Labor Disputes to resolve disputes, according to article 140. The Law on Peaceful Resolution of Labor Disputes provides that the process of peaceful resolution of a labor dispute is initiated by submitting a request to the Agency. The parties may submit the request jointly or individually.
According to The Rules of Procedure of Amicable Settlement of Labour Disputes, the discussion in individual labor dispute may be held at the Agency or at the premises of the employer, with the consent of the parties. Important actions taken at the hearing shall be registered in the minutes, which is signed by the arbitrator, the parties to the dispute, or the representatives of the parties to the dispute. Expert witness may be engaged in the process of peaceful resolution of a labour dispute.

Charge de la preuve: les deux

Remarks

Article 142 of the New Labour Act provides that (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, ie who initiates the dispute, unless otherwise regulated by this or another law. (2) If a party who is considered injured due to unequal treatment, the burden of proving the non-violation of the principle of equal treatment that is, a legal or natural person against whom proceedings have been initiated before the competent authority. (3) In the event of a dispute regarding the placement of employees in a less favorable position than other employees, if the employee presents facts from which it can be assumed that he has been disadvantaged and that some right from his employment has been violated, the burden of proof passes to the employe. (4) In case of a dispute due to termination of the employment contract, the burden of proving the existence of a justified reason for termination of the employment contract referred to in Article 172 of this Law shall be on the employer if the employment contract was terminated 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.