Ministry: With amendments to the Labor Law, two-month leave cannot be transferred from one parent to the other

The Ministry of Labor, Employment and Social Dialogue announced that the main reason for drafting amendments to the Labor Law is to further harmonize labor legislation with the acquis communautaire of the European Union within the framework of negotiating Chapter 19 and the recommendations of the International Labor Organization.

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Naida Nišić, Minister of Labor, Employment and Social Dialogue, Photo: Luka Zeković
Naida Nišić, Minister of Labor, Employment and Social Dialogue, Photo: Luka Zeković
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Amendments to the Labor Law will prescribe a minimum period of parental leave of two months, which cannot be transferred from one parent to the other, the Ministry of Labor, Employment and Social Dialogue announced today.

"The aim of this measure is to encourage fathers to take parental leave for a minimum of two months, as it cannot be transferred to the mother. On the other hand, this measure facilitates the reintegration of mothers into the labor market after maternity and parental leave. Additionally, in order to encourage parents and caregivers to remain in the labor market, they will be allowed to adjust their work schedule to their needs, in terms of granting them the right to request flexible working hours, reduce working hours or work from home," the statement said.

The Ministry of Labor, Employment and Social Dialogue announced that the main reason for drafting amendments to the Labor Law, as one of the closing benchmarks for Chapter 19 Social Policy and Employment, is the further harmonization of labor legislation with the acquis communautaire of the European Union within the framework of the negotiation Chapter 19 Social Policy and Employment, conventions and recommendations of the International Labor Organization ratified by Montenegro, and other sources of international law.

"The law in question will implement the Directive of the European Parliament and of the Council of 20 June 2019 on the balance between private and work life for parents and carers and repealing Council Directive 2010/18/EU and the Directive of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, as well as the Framework Agreement on Telework from 2001. The aforementioned law will also be harmonized with the Law on Same-Sex Life Partnerships in terms of who is considered a close family member for the purpose of exercising rights arising from employment," reads a statement from the Ministry of Labour, Employment and Social Dialogue, headed by Naida Nišić.

The statement states that "the main goals that will be achieved by adopting amendments to the Labor Law are to establish a balance between the private and professional lives of employed parents and caregivers on the one hand, transparent and predictable working conditions on the other, as well as more flexible labor relations in the labor market through organizing work outside the employer's premises."

"The amendments to the Labor Law, through the directive on work-life balance for parents and caregivers, establish minimum requirements for paternity leave, parental leave and leave for caregivers, as well as minimum requirements for flexible working conditions for employees who are parents or caregivers. Harmonizing the work and private lives of such parents and caregivers contributes to the goals of achieving equality between women and men with regard to their opportunities in the labor market, equal treatment in the workplace, and encouraging greater inclusion of women in the labor market. Specifically, in order to encourage a more equal division of childcare responsibilities between women and men, and to enable the early establishment of an emotional bond between children and fathers, the amendments to the Labor Law will prescribe a leave of absence from work for fathers of 10 working days due to the birth of a child," the Ministry of Labor, Employment and Social Dialogue said.

The government department stated that the aforementioned amendments to the Law achieve a more transparent regulation of employment relationships through a probationary contract, notification by the employer to the employee in order to ensure predictable and safer workplace conditions after the probationary period expires, and a more precise determination of the employee's rights in the event of a different regulation of overtime work.

"Through a more flexible organization of remote work using information technology, it will be possible to perform work outside the employer's premises, in the same way as at the workplace. The institution of work outside the employer's premises as such is voluntary, and employees themselves will not suffer harmful consequences if they do not accept that they do not perform work in this way. The protection of employees who work outside the employer's premises in terms of inspection supervision is specifically prescribed," the Ministry of Labor, Employment and Social Dialogue said in a statement.

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