1. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 19 – Social Policy and Employment Bilateral screening: Chapter 19 PRESENTATION OF MONTENEGRO Brussels, 11-13 March 2013

2. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Special protection of women at work PhD Vesna Simovic Assistant to the Minister of Labour Ministry of Labour and Social Welfare E-mail: vesna.simovic@mrs.gov.me

3. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT PROTECTION OF WOMEN Article 2 of the Treaty Establishing the European Community D 2006/54/EC; D 2010/41/EU; D 2010/18/EU; D 79/7/EEC CONSTITUTION OF MONTENEGRO (Article 64, paragraph 3) and LABOUR LAW (Article 103): women shall have special protection at work Due to physical abilities:  Prohibition of work at positions with special work conditions – very difficult works, performed underground or under water (Article 104)  Prohibition of night-time work in industry and civil engineering (Article 105) PRINCIPLE OF GENDER EQUALITY: Article 157 of the Treaty on Functioning of the European Union; D 2010/41 LABOUR LAW: -Prohibition of direct and indirect discrimination (Art. 5, 6 and 7) -the same salary for the same work or work of the same value (work for which the same level of professional education, or professional qualification, responsibility, skills, working conditions and work results are required) (Art. 77) Harassment, sexual harassment and ABUSE: Directive 2006/54/EC Labour Law: Art. 8 and 8a Law on the Prohibition of Abuse at Work ("Official Gazette of RoM", No. 30-12)

4. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT PROTECTION OF WOMEN considering the function of maternity When establishing an employment relationship: Prohibition of submitting information on family or marital status and family planning and other evidence which is not important for performing work (Article 18, paragraph 2); An employer may not hold establishing employment relationship, i.e. contract of employment, conditional upon evidence of pregnancy, unless those are positions which include significant risk for the health of woman and child determined by a relevant health authority (Article 18, paragraph 3) An employer may not refuse to conclude a contract of employment with a pregnant woman (Article 108) During the duration of employment relationship: Prohibition of night-time and overtime work during pregnancy and for a woman with a child under 3 years of age (Article 110) Prohibition of termination of the contract of employment because of pregnancy or using maternity leave, or parental leave (Article 108, paragraph 1, 2 and 3) If a woman has established fixed- term employment relationship – it shall be extended until expiry of the maternity leave (Article 108, paragraph 4)

5. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Protection during Pregnancy Entitlement to additional protection during pregnancy: based on findings and recommendation of the relevant medical doctor, a woman during pregnancy and breastfeeding a child may be temporarily deployed to other positions, if it is in the interest of preservation of her health or the health of her child, i.e. she shall be entitled to paid absence from work. (Article 109) Parental leave: may be used for 45 days, and obligatorily 28 days prior to delivery (111a)

6. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT PARENTAL LEAVE (Article 111 - 112): entitlement of one of the parents to use absence from work for the purpose of providing care and nursing to child For 365 days from the birth of the child. Interruption - not prior to expiry of 45 days from the birth of the child, for the mother of the child If one of the parents interrupts parental leave - the other parent shall be entitled to use the remaining part of the parental leave If a woman stops using the parental leave, she shall be entitled to use, apart from daily break, in agreement with the employer, another 90 minutes of leave for the purpose of breastfeeding the child During the leave, she shall be entitled to wage compensation, as if she is working Entitlement to return to the same working position or to an adequate working position with at least the same salary If an employed woman gives birth to a stillborn or if the child dies prior to expiry of the maternal leave, she shall be entitled to extend her maternity leave for at least 45 days, and she shall be entitled to all rights based on maternity leave.

7. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Protection at Work Related to Nursing of a Child Single parent with a child up to 7 years of age: Prohibition of deployment to another work place outside the place of residence, or stay, for a single parent with a child under 7 years of age and woman with a child under 5 years of age (Article 42, paragraph 3) May work overtime, or at night, only based on a written consent (Article 110, paragraph 3) Prohibition of termination of contract of employment due to ”redundant employee” (Article 108, paragraph 3) One of the parents who has a child under 3 years of age Entitlement to unpaid leave (the employee shall be entitled to health insurance and pension and disability insurance, and other rights and obligations shall be suspended) (Article 118). Entitlement to work half the full-time working hours, if the child needs additional care (Article 113)

8. Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Protection of Parents who Have a Child with Developmental Disabilities Prohibition of overtime work or night-time work without the consent of employee (Article 110, paragraph 3) Prohibition of deployment to another work place outside the place of residence, or stay (Article 42, paragraph 3) A parent, adoptive parent or a person entrusted with a child with developmental disabilities for care and nursing by a relevant guardianship authority or a person providing care to a person with severe disability shall be entitled to work half the full-time working hours, in accordance with special regulations. They shall exercise all rights from employment relationship in the full extent (Article 114) Prohibition of termination of contract of employment due to ”redundant employee” (Article 108, paragraph 3)

9. Thank you for your attention. QUESTIONS