Social Council on June 10th on OKA, sick leave and refunds

The Social Council session, where one of the topics will be the status of social dialogue in the absence of a General Collective Agreement (GCA), will be held on June 10, and it will include discussions on the abuse of sick leave and improving the system of reimbursement of wages during temporary incapacity for work, maternity and parental leave, the Employers' Union announced to "Vijesti".

This association expects that after that session, the next steps regarding the agreement on the new General Collective Agreement (GCA) will be more clearly defined.

The General Employment Contract is a legal act signed by all social partners and defines the largest scope of workers' rights in the relationship between employers and employees. The previous General Employment Contract expired on May 1st after two administrative extensions, which resulted in the loss of the basic part of workers' rights for about one hundred thousand employees who do not have sectoral and collective agreements at the employer level.

The Union of Free Trade Unions has been demanding since last year an increase in the calculation value of the coefficient from 90 to 100 euros, which would increase all salaries by about 10 percent. This union headquarters organized a protest on April 29, and since the Government did not respond or provide its proposal, the USS then announced a new protest that was supposed to take place today in Tivat during the EU summit, but the police banned it.

The Delegation of the European Union in Podgorica previously announced that they expect the authorities in Montenegro to return to social dialogue, and that Montenegro will establish a fully effective and sustainable system of social dialogue by the time of accession. The closure of Chapter 19 also depends on the continuation of social dialogue. The Government announced that they are against the increase in the calculation value, arguing that it will only cause an increase in salaries in the public sector.

The Employers' Union told "Vijesti" that there has been communication between the Ministry of Labor, Employment and Social Dialogue and social partners in recent days.

"The Employers' Union of Montenegro held a meeting with the Minister of Labor, Employment and Social Dialogue Naidom Nišić and her team. According to the information we have, separate meetings of the Ministry with representatives of the trade unions were also held. The meeting discussed the General Collective Agreement, but also other issues important for the labor market and the business environment. Among the topics we nominated were issues that go beyond the scope of the General Collective Agreement itself, but have a direct impact on the business operations of the economy, such as the abuse of sick leave and improving the system of refunding wages during temporary incapacity for work, maternity and parental leave. We believe that the model of direct payment of these benefits to employees by the Health Insurance Fund and social work centers would represent a more efficient solution, which already exists in numerous countries. Such a model would significantly simplify existing procedures and relieve employers of the administrative and financial obligations currently implied by the refund system," the Employers' Union stated.

For them, it is of particular importance that Montenegro has a General Collective Agreement, which is the result of compromise and agreement between all three parties to the social dialogue.

"To this end, the Employers' Union, based on the version of the working text that was the subject of discussions at the meetings of the social partners, submitted its proposals for improving certain solutions. This means that in addition to correcting the job complexity coefficients, calculated based on the existing calculation value of the coefficient of 90 euros, the text also contains our proposals for improving certain provisions, based on the experiences of our members in the application of regulations. We also paid special attention to eliminating certain inequalities among employees when it comes to certain incomes, taking into account the capabilities of the economy and the economic strength of employers. It is important to emphasize that this version did not contain an increase in the calculation value of the coefficient from 90 to 100 euros, but exclusively a revision of the job complexity coefficients. Our goal was to reach solutions through dialogue that are sustainable and acceptable to all three parties to the social dialogue," the Employers' Union stated.

They point out that they have not yet received feedback from the unions on the submitted proposals, but that they remain committed to continuing negotiations and reaching an agreement on a new General Collective Bargaining Agreement.

The revision of coefficients mostly refers to employees in jobs with lower coefficients whose multiplication with the calculation value resulted in a basic salary lower than the minimum. This does not mean that their salary would be increased.

Employers continued to pay benefits

When asked whether there have been any problems between employers and employees during the period since the General Conditions of Employment have ceased to apply, the Employers' Union said that based on communication with its membership, they have not registered any significant problems that would be a direct consequence of the termination of the General Conditions of Employment.

"It should be borne in mind that for employers who are not covered by sectoral collective agreements or collective agreements with the employer, certain rights from the previous General Collective Agreement are most often regulated by employment contracts. According to information we receive from the field, a large number of employers have continued to pay employees compensation and salary increases in the manner that was previously valid, including past work and other rights that were provided for in the previous General Collective Agreement. This is supported by a recent statement by the Media Union of Montenegro, which highlights examples of employers who continued to apply certain employee rights even after the expiration of the General Collective Agreement. This shows the responsible attitude of employers towards employees and the importance of maintaining stable employment relations until a new agreement is reached between social partners," the Employers' Union stated.