The actions of the Trade Union of Culture of Montenegro (SKCG) led to the blockage of the collective bargaining process, which prevented employees in the cultural sector from fully exercising their rights under the Sectoral Collective Agreement, including the right to housing needs and other benefits.
This was assessed by the Protector of Human Rights and Freedoms in the proceedings they initiated after the president of the Free Trade Union of Culture (SSKCG) appealed to them for obstruction in exercising the rights and improving the socioeconomic position of employees in that sector.
Based on the investigation, analysis of the submitted documentation and the statement of the Ministry of Culture and Media, the Protector assessed that the Government department, headed by Tamara Vujović undertook all activities stipulated by law to enable the smooth conduct of negotiations.
They believe that the Ministry has shown readiness to begin negotiations, proposed dates and coordinated the holding of meetings as soon as possible.
"In addition, on 13. 12. 2024, the Ministry of Culture and Media electronically informed both representative trade unions in the field of culture - SSKCG and SKCG, that the Government and the Ministry were ready and open to holding a meeting before the expiry of the legal deadline of 15 days, in order to meet, through a written statement on the proposed proposal for negotiations, all participants in the process of concluding a collective agreement. The notification also requested that the place and time of the meeting be proposed as soon as possible, thereby expressing the Ministry's readiness to enable the smooth conduct of negotiations in accordance with the legal provisions on collective bargaining," the opinion of the Deputy Protector states. Tatjana Radovic Todorovic.
It is stated that the ministry, in cooperation with the Government, also considered the issue of resolving the housing needs of employees in the cultural sector and proposed a model, to which the SKCG responded by not accepting the proposed model.
On the other hand, the Protector assessed that SKCG, by failing to act and not attending the proposed negotiations and meetings, according to the available documentation, did not demonstrate its willingness to fulfill the legal obligation to negotiate prescribed by Article 185 of the Labor Law.
"Such conduct, in the opinion of the Protector, led to a practical blockade of the collective bargaining process, which prevented employees in the cultural sector from fully exercising their rights under the Sectoral Collective Agreement, including the right to resolve housing needs and exercise other social rights and benefits provided for in the collective agreement. During the same period, the SSKCG acted in accordance with the law, initiated the envisaged activities and participated in the negotiation process within its competences," the opinion reads. The Ombudsman institution also claims that, despite the active work of the SSKCG, employees in the cultural sector were deprived of certain rights and benefits arising from collective bargaining due to the non-response of the SKCG.
The Protector pointed out the urgent need to include SKCG in the collective bargaining process, as this represents a key prerequisite for the lawful and full implementation of the Sectoral Collective Agreement.
They recommended that the Ministry of Culture and Media constantly undertake all measures and activities prescribed by law within its jurisdiction, in order to ensure equal participation of all representative trade unions in the process of collective bargaining and the implementation of the Sectoral Collective Agreement. The Protector called on all parties to consistently respect the principles of social dialogue, equality and legality, in order to improve the rights and socio-economic position of employees in the cultural sector.
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