Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the rights of workers, including members of the armed forces, to form and join independent trade unions, bargain collectively, and conduct legal strikes. To represent workers in collective bargaining at the enterprise level, a union must count at least 20 percent of the workforce in the enterprise as members. To act as a worker representative in a sector, group, or branch of industry, a trade union must include at least 15 percent of the total workforce in that sector, group, or branch. The law prohibits discrimination against union members or those seeking to organize a union and requires the reinstatement of workers dismissed for union activity.
During the year a new labor law took effect that is intended to strengthen the protection of employees’ rights, increase flexibility in the labor market, and suppress the informal economy through a number of new measures. The new law creates an obligation for employers to consult with a labor union (or employee representatives) and notify the Employment Agency about the consultations in cases of a collective layoff (i.e., dismissal of at least 20 employees over a 90-day period); creates an obligation for all employment agreements to contain a reference to bargaining agreements being applied with the employer; and requires that all employer bargaining agreements must be registered with the Ministry of Labor and Social Welfare.
The government generally enforced the law. Penalties for violations were commensurate with those under other laws related to denials of civil rights.
While the government generally respected freedom of association, employers often intimidated workers engaged in union activity. According to the Union of Free Trade Unions, workers in the trade sector were intimidated when establishing their union, and they belonged to the category of workers whose rights were the most endangered.
Workers exercised their right to join unions and engage in collective bargaining, although not always without employer interference.
Although allowed by law, collective bargaining remained rare. The government continued to be party to collective negotiations at the national level. Only the union with the largest registered membership at any given level was entitled to bargain, negotiate settlements of collective labor disputes, and participate in other government bodies.
The right to strike is restricted for public servants whose absence from work would jeopardize public interests, national security, the safety of persons and property, or the functioning of the government. International observers noted that the range of professions in which strikes are proscribed exceeds international standards. Employers may unilaterally establish minimum service requirements if negotiations with trade unions fail to lead to an agreement.
Management and local authorities often blocked attempts to organize strikes by declaring them illegal, citing lack of legally required advance notice, which ranges from two to 10 days, depending on circumstances. There were reports from employees in both the private and public sectors that employers threatened or otherwise intimidated workers who engaged in union organizing or in other legal union activities. In some cases private employers reduced workers’ salaries or dismissed them because of their union activities.
Workers in privatized or bankrupt companies had outstanding claims for back pay and severance. In some cases workers were not able to collect on their claims, despite valid court decisions in their favor. Several local governments failed to pay their staff for months at a time. Unpaid wages, factory closures, and growing poverty led to some protests and labor strikes, including a strike of workers for a municipal company in Pljevlja and a transport company in Berane.
Trade unions claimed workers were largely unaware of their rights and afraid of retaliation if they initiated complaints.