The general collective agreement (OKU) was signed and agreed behind closed doors in a completely non-transparent manner without the participation of the largest part of the economy, and certain provisions of the most important employment law contract, which for employers and employees essentially represents a regulation with legal force - they are much more unknown, burden and risk than an affirmation of a sustainable business.
This is the assessment of the Chamber of Commerce (PKCG) and the Montenegrin Employers' Association (CUP) on the new OKU, which was signed yesterday by representatives of the social partners - the Union of Free Trade Unions (USS), the Union of Trade Unions (SSCG), the Employers' Union (UPCG) and the Ministry of Labor and Social Welfare .
This act will be valid for three years, and it should enter into force on January 1. Negotiations on it lasted three years, about which the public was informed from the first day, and the signing was postponed twice, after which the deputies had to adopt changes to the law that extended the validity of the previous OKU.
The social partners have accepted the key request of the employers to abolish the disciplinary procedure and facilitate the dismissal of workers who must subsequently prove in possible court proceedings that they were fired illegally. This was the biggest concession of the trade unions, on the basis of which they gained the right to demand concessions from the employers.
The key novelties of the new OKU, which will enter into force on January 1 of the following year, are the increase in daily wages for working on Sundays, for double working hours and readiness at work for most employees, except for a few industries, as well as a different calculation of the minimum wage, where the net amount of 450 euros is used as the base to which all earnings allowances are added. Employees in the hotel industry and public transport will be exempted from the provision that wages for work on Sundays be increased by 80 percent per hour, while for employees in the field of media, the aforementioned norm has been postponed for a period of six months, in which the competent trade union and employer organizations are obliged to negotiate branch collective agreement for the media.
PKCG, when asked by "Vijesti" to comment on the new OKU, i.e. to what extent they agree and what is problematic for them in the text of the contract, and whether they will take any steps and which ones to sign, said that they were informed through the media that they would OKU to be signed, although from their institution "but also from the majority of the professional public" they pointed out and appealed that such an important normative act should not be adopted without the necessary harmonization and consideration of all possible challenges that it could bring.
"From the first day, we insisted on an inclusive approach, respecting the economic moment and the essence of economic life, and understanding the position and needs of Montenegrin businessmen as the largest employer in the country. Unfortunately, we did not officially receive the text of the OKU, and we only got to know its solutions partially and with a delay. What we said and analyzed is still valid today: individual provisions of the most important labor-law contract, which for employers and employees essentially represents a regulation with legal force - they are much more unknown, burden and risk than an affirmation of a sustainable business", stated PKCG.
To the same question, the CUP replied to "Vijesta" that the majority of those affected by the act were excluded from the process of negotiating the new OKU, and that the already fragile social cohesion was further damaged.
"This time to the detriment of those whose work development rests on - the economy. And how the interests of employers are protected is also shown by the data from Croatia, which is a member of the EU, a country with a much stronger economy than ours, where the Croatian Employers' Association refused to sign the OKU, which provides for a 50 percent increase in compensation for work on Sundays, CUP stated. .
They added that there is an essential question of compliance with the act that was adopted without the agreement of all interested parties.
"We have an act that was passed without an agreement, and that then requires the forced application of those norms, and that has its price. This is also the explanation why many acts are not respected in our practice - precisely because the actors to whom they refer are not included in their adoption", said the organization.
The CUP emphasized that they will focus on the application of all the means provided by law to review the validity of the OKU adopted in this way.
"Because of all that has been said, OKU should not have been signed, but left to the Assembly for an extension of another year so that then in a calm atmosphere, without haste, argumentatively and with the participation of all interested and especially legally represented representatives of social partners in the Social Council, they could consider everything aspects of this important document", CUP concluded.
Along with PKCG and CUP, the Association of Managers (AMM) asked UPCG to postpone the signing of the OKU. In the letter of the president of AMM Budimir Raičković sent on December 6 to the president of UPCG Predrag Mitrović it is stated that additional consultations are requested not only with UPCG members, but also with business organizations. It was also requested that a draft of the new OKU be submitted to them so that the UPCG could get acquainted with the comments "that could be useful for making a quality solution".
They dispute the representativeness of UPCG
The CUP stated that they will insist that the Ministry of Labor and Social Welfare initiate the procedure to determine the representativeness of the UPCG, claiming that they are obliged to do so by law.
"By not raising the issue all this time, and knowing it from the very beginning, the Ministry not only violates the Law, but also fakes the fulfillment of the conditions from Chapter 19 and thus misleads European partners and sends a bad message."
Mitrović told journalists yesterday after signing the OKU, when asked to comment on the aforementioned accusations by the CUP, that the UPCG is doing its job completely legitimately and seriously, according to all conventions.
"Whether some groups with various interests wanted something else is a question for them, not for me. Those who want to conduct affairs should go to that address," Mitrović said, adding that they are always ready to prove their representativeness.
New OKU compromise measure
After the members of the Social Council signed the OKU yesterday, the General Secretary of the SSCG, Duško Zarubica, said that the contract was a measure of compromise, because neither the unions nor the employers got everything they asked for, but that for the first time, the employees were not deprived of any rights. Secretary General USS Srđa Keković emphasized that the contract finally creates a balance between private and professional life, while Minister of Labor and Social Welfare Admir Adrović indicated that the signing of the OKU contributes to fulfilling the final criteria of the negotiated Chapter 19.
Mitrović (UPCG) stated that all three social partners showed a high level of social responsibility, and that they took social care so that young people do not leave Montenegro.
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