The law on simplified work engagement in permanent seasonal and occasional jobs in certain industries, which is currently in the form of a draft, should be adopted by January next year, with the aim of enabling flexibility in the engagement of the workforce.
The Chamber of Commerce (PKCG) organized a consultative meeting of businessmen with the Minister of Labour, Employment and Social Dialogue, Naida Nišić, in anticipation of sending the text of the Draft Law on simplified employment in permanent seasonal and casual jobs in certain industries to the further procedure.
In his introductory speech, the General Secretary of the PKCG, Mitar Bajčeta, thanked Nišić and all businessmen for their presence and interest in such an important topic, stressing that their contribution is crucial for the successful implementation of this law.
"PKCG is aware of the specific challenges when it comes to the seasonal workforce and we have been working for a long time to find a solution, first of all through cooperation with the relevant Ministry, as well as GIZ", said Bajčeta.
Nišić especially thanked PKCG, GIZ and colleagues from NALED for their support during the entire process.
"The goal is for us all to welcome the next season ready, which means that we have to have seasonal workers prepared from March," said Nišić and added that the plan is to adopt the law by January next year.
As its main goals, Nišić stated the creation of a digital system for registering seasonal workers, flexibility in hiring labor, and the possibility of hiring occasional seasonal workers through a mobile application that would generate all the necessary documentation, including payment orders and PPD forms.
"One of the key aspects of the law is flexibility in the number of days seasonal workers can work. Also, the employment contract can be concluded with a written or oral agreement, which additionally contributes to simplicity," said Nišić.
She invited all those present to openly express their views and doubts regarding the implementation of the law.
"Your opinion on these solutions and your every suggestion are extremely important to us in order to adapt the law to the needs of the Montenegrin labor market and ensure its effective application in practice," added Nišić.
Businessmen, among other things, emphasized the need to precisely differentiate the concept of permanent seasonal worker from temporary and occasional work.
They believe that the engagement of permanent seasonal workers should not be limited to 180 days, but that tourism needs that period to be nine months, given the longer duration of the tourist season in Montenegro.
Such a solution, they believe, should already be included in the text at this stage, in order to avoid initiatives for its rapid changes and additions.
It is also necessary to think about the possible subsidization of the permanent season category, following the example of solutions in Croatia.
For Montenegrin tourism, it is too late for the implementation of this law to begin on May 1 of the following year, but the economy considers it more appropriate for it to be on March 1, in order to provide the missing staff in a timely manner.
Trade representatives pointed out that this legal solution should also include this sector, which has a significant increase in the volume of work during the tourist season.
They propose that the regulation precisely solve the issue of technological redundancy, take into account the frequent fluctuations of employees in the trade, as well as to protect employers from refunds if a permanent seasonal worker refuses engagement in the following year.
According to businessmen, the need to hire foreign workers is increasingly expressed, so it is necessary to liberalize the procedure related to work permits by applying this law.
"Representatives of the agriculture and food industry sectors, including bakeries, also request to be covered by this law, so that they can employ seasonal workers, as well as for their registration to be done electronically with the connection of all institutions that are competent in this process," the announcement states. PKCG.
Consultant Đorđe Vukotić emphasized the importance of dialogue with businessmen and pointed out the importance of practical experiences of the region in the development of similar legal regulations.
"The draft of this law was created as a compilation of successful models from other countries, especially Croatian and Serbian, where the problem of seasonal labor and unemployment is answered through different approaches," said Vukotić.
He also referred to the necessary flexibility of the law and technical solutions, which could enable easier monitoring and recording of workers.
"For casual jobs, it is crucial that there is a functional information system, because this is where the greatest fluctuations of the labor force occur," Vukotić pointed out and added that this system, as proposed, would also enable the registration of seasonal workers from abroad, through the allocation of a special registration number.
Vukotić emphasized the importance of additional analyzes of key sectors in which seasonal employment will be made possible, stressing the importance of specifying the rules in order to prevent possible abuses.
He stated that in the field of tourism, employers should be able to engage in occasional work that can turn into a permanent seasonal job (over 120 days), with state incentives for those who meet conditions such as obtaining a work permit and successful trial work.
Also, employers in the construction industry should be allowed to occasionally hire auxiliary labor, such as cleaning construction sites and carrying loads, for up to 90 days, which would legalize jobs that are currently undeclared.
Vukotić pointed out that this law wants to enable temporarily engaged workers to be registered, health insured and have a working experience, with the possibility of transitioning to permanent employment when the conditions are met.
"We want to provide the state with an efficient way to control casual work in order to suppress the gray economy, abuse of casual engagements and work contracts, and planning employment policies and incentives. The goal is not to reduce the number of permanent employees by law, but to find the right measure for seasonal and occasional employment," concluded Vukotić.
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