The Protector of Human Rights and Freedoms recommended that the Ministry of Health amend the Sectoral Collective Agreement by determining the complexity coefficients for physiotherapists in public health in a manner based on the principles of equality and non-discrimination.
Physiotherapists employed in public healthcare complained to the Ombudsman institution, claiming that they were discriminated against in terms of their salaries compared to non-medical staff and colleagues from the "Dr Simo Milošević" Institute.
They explained that in 2022, the Sectoral Collective Agreement for the Health Sector was signed and that at that time, the coefficients for colleagues belonging to non-medical staff in public health were increased based on educational qualifications - for a bachelor's degree with 180 ECTS credits, the coefficient was increased from 8,35 to 9,37, while for colleagues with 240 ECTS credits, the coefficient was increased from 9,37 to 11,91. They also stated that they were denied an increase in coefficients even though they had the same level of educational qualifications as their colleagues belonging to non-medical staff in public health.
The complainants believe that they are discriminated against in relation to their colleagues employed at the Dr. Simo Milošević Institute who receive salaries according to the new increased coefficient, and given the fact that they have the same employer - the state of Montenegro.
The Ombudsman asked the Ministries of Health and Finance, as well as the trade unions, to specify why the coefficients of physiotherapists in public healthcare were not increased in line with the coefficients of non-medical staff and colleagues at the Dr. Simo Milošević Institute.
"Since this request, apart from the statement of the Ministry of Finance, was not responded to, nor were the reasons for not acting or possibly not being able to respond stated, the Protector, by act of March 25, 2025, sent a renewed request (urgency) for the submission of a statement, without further delay. By the date of drafting this opinion, the requested statements from the Ministry of Health and Trade Unions have not been submitted," the Protector's opinion states.
The Protector clarifies that the right that is violated by potential differential treatment falls under the right to equal pay for equal work or work of equal value, which is guaranteed by the Labor Law, and by the Law on Salaries of Public Sector Employees at the level of principles, and further by collective agreements.
"The Ombudsman recalls that Article 5 of the Law on Salaries of Employees in the Public Sector stipulates that the determination of employee salaries is based on the principle of equal salaries in the public sector for work in the same or similar jobs and positions that require the same level or sub-level of qualifications. The Labor Law stipulates that an employee is guaranteed equal salary for the same work or work of the same value, while work of the same value means work that requires the same level of educational qualification, or professional qualifications, responsibility, skills, working conditions and work results," the opinion states.
They pointed out that the principle of non-discrimination prohibits that which is the same or similar from being treated unequally legally without reason, or that which is essentially different from being treated equally legally.
"In this specific case, and since work of the same value is understood to mean work that requires the same level of educational qualification, i.e. professional qualifications, responsibility, skills, working conditions and work results, it is unclear for what reasons bachelors and specialists in applied physiotherapy were denied an increase in the job complexity coefficient," the opinion states.
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