Representatives of the Social Council called on MPs to withdraw all laws that directly concern employees and employers and whose direct competence is negotiations within the Social Council, from the procedure and refer these documents to the Social Council for consideration and dialogue.
The President of the Employers' Union Slobodan Mikavica, the Secretary General of the Union of Free Trade Unions Srđa Keković, the Secretary General of the Confederation of Trade Unions Duško Zarubica and the President of the Social Council Naida Nišić have addressed all parliamentary groups in writing, to point out the "necessity of respecting the role and competence" of the Social Council in the process of passing laws, "especially those in the field of labor relations and social policy whose adoption directly affects both employees and employers."
They also appealed to MPs to consistently implement social dialogue and consultations with social partners before adopting legal solutions.
"We are expressing our concern about the increasingly frequent practice that laws, whose consideration is mandatory at the sessions of the Social Council, are adopted and proposed by deputies in the Parliament of Montenegro without broader consultations with the interested public, and least of all with the social partners who represent the interests of employees and employers in the Social Council itself. On the other hand, numerous consensuses reached at the level of the Social Council have not been respected or recognized by you, nor have they been taken into account when amending and supplementing key legal solutions that regulate labor relations, which amendments and supplements were initiated by some parliamentary groups," the address to deputies reads, as announced by the Social Council.
They remind that the Constitution stipulates that the social status of employees is harmonized in the Social Council, which "clearly establishes its jurisdiction as a constitutional category," and whose work, jurisdiction and powers are further elaborated by the Law on the Social Council.
They also note that strengthening social dialogue, which "also guarantees social cohesion" and the needs of citizens and the economy, is a key element of the practice of developed countries of the European Union, "of which Montenegro, we hope, with the joint efforts of all of us, will soon become a member."
"According to the above, we hereby once again point out that social dialogue is crucial for the closure of negotiating chapter 19 - social policy and employment, and that Montenegro regularly reports to the European Commission on activities within the Social Council, and often receives criticism for parliamentary action in making decisions on key issues on which representatives of representative social partners have not been consulted."
They also point out that conducting social dialogue is not an easy task, and that there are numerous topics on which representatives of social partners do not agree. "But it is precisely through open discussion, building mutual trust and respect, that we arrive at sustainable solutions for the benefit of all those to whom such solutions apply."
They say that ignoring the role of social partners makes the role and functioning of the Social Council meaningless.
"Once again, we are taking this opportunity to, in order to obtain quality legal solutions, for the benefit of employees and employers, and thus society as a whole, in the future, take into account the positions, conclusions and opinions of the Social Council regarding the set of legal solutions that are the subject of consideration by this constitutionally defined tripartite body. Ignoring the role of social partners renders the very role and functioning of the Social Council meaningless, and at the same time sends such a message to European partners who are increasingly warning us about the principles of mutual respect and appreciation of both social dialogue, social partners and the entire civil sector," it says in the address to MPs.
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