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Montenegro

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.

The law prohibits all forms of forced or compulsory labor, and authorities made efforts to investigate or identify victims of forced labor in the formal economy. Penalties under the law for offenses related to forced labor were commensurate with those for other serious crimes.

In January police operated the “Call Center” action and reported that 93 Taiwanese persons were found and arrested in three locations in Podgorica. The investigation showed that 37 persons, of whom 25 were men and 12 were women, were victims of forced labor and received the status of trafficking in persons victims. The status of an additional 40 persons involved in the case was still unknown. The traffickers restricted the movement of their victims and used force and threats to commit fraud through the internet against persons from Asian-language areas. Montenegrin police in cooperation with Taiwanese police returned the victims and perpetrators to their country of origin, where prosecutions were ongoing.

There were reports of Romani girls forced into domestic servitude and of children forced to beg, mostly by their families (see section 7.c.). Migrants from neighboring countries were vulnerable to forced labor during the summer tourist season, although to a lesser extent during the year due to the COVID-19 pandemic. There were no reports of prosecutions or convictions.

Also see the State Department’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits the worst forms of child labor. The official minimum age for employment is 15. Children younger than 18 may not engage in jobs that require difficult physical labor; overtime; work at night , underground or underwater work; or work that “may have a harmful effect or involve increased risk to their health and lives,” although the law allows employees between the ages of 15 and 18 to work at night in certain circumstances. The government generally enforced these restrictions in the formal, but not the informal, economy.

Penalties for violations were commensurate with those for other serious crimes. The Labor Inspectorate investigated compliance with the child labor law only as part of a general labor inspection regime. The Labor Inspectorate reported that few cases of child labor were identified in informal workplaces. In these cases, the Labor Inspectorate imposed fines and inspectors ordered employers to acquire necessary documentation to meet the legal requirements permitting child labor. The government did not collect data specifically on child labor.

Many parents and relatives forced Romani, Ashkali, and Balkan-Egyptian children to work at an early age to contribute to their family’s income. They engaged in begging at busy intersections, on street corners, door to door, and in restaurants and cafes or in sifting through trashcans. While many working children were from the country, a large percentage of those between the ages of seven and 16 were from nearby countries, mainly Kosovo and Serbia. Police generally returned the children they apprehended to their families.

In villages, children usually worked in family businesses and agriculture. Romani, Ashkali, and Balkan-Egyptian children worked chiefly during the summer, typically washing car windows, loading trucks, collecting items such as scrap metal, selling old newspapers or car accessories, or working alongside their parents as day laborers. Many internally displaced Romani, Ashkali, and Balkan-Egyptian children were forced to engage in begging or manual labor. Police asserted that begging was a family practice rather than an organized, large-scale activity, but this claim was disputed by several NGOs. Begging was readily observable, particularly in Podgorica and the coastal areas during the summer. During a March operation dubbed “Beggar,” police identified children forced to beg and prosecuted their parents, who faced misdemeanor charges. The children were returned to their families.

Despite operation “Beggar,” police seldom pressed charges against the adult perpetrators. Authorities placed victims of forced child labor who did not have guardians in the children’s correctional facility in Ljubovic. After leaving the facility, most children returned to forced begging. Romani NGOs tried to raise awareness of the problem and suggested the government did not provide sufficient resources to rehabilitate children begging and living on the street.

Children were subjected to commercial sexual exploitation (see section 6, Children, and section 7.b.). In 2019 the supreme state prosecutor indicted one individual for trafficking four children for the purpose of labor exploitation. The case remained pending.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

The law prohibits discrimination based on race, color, sex, religion, political opinion or other affiliation, national origin, citizenship, disability, sexual orientation, gender identity, age, language, pregnancy, marital status, social status or origin, membership in political and trade union organizations, or health conditions, including HIV-positive status and other communicable diseases. The government did not enforce antidiscrimination laws and regulations effectively, and there were instances of discrimination on these bases. Penalties for violations were not commensurate with those for other crimes related to denials of civil rights.

Persons with disabilities faced significant discrimination in employment despite affirmative action programs that provided significant financial incentives to employers to hire persons with disabilities. Although the state employment agency did not track the employment rate of persons with disabilities, it reported that 25.6 percent of unemployed persons were persons with disabilities. In addition, the NGO the Association of Youth with Disabilities reported that approximately 3,021 persons with disabilities were employed in the country. Advocates noted there were too few training programs for persons with disabilities to contribute significantly to their economic integration. Neither governmental entities nor private employers hired many persons with disabilities. NGOs reported employers often chose to pay fines rather than employ a person with a disability.

In late July, parliament passed a number of amendments to the Law on Pension and Disability Insurance, one of which changed the previous mandatory retirement age for both men and women from 67 to 66 for men and 64 for women, prompting outcries of gender-based discrimination. The amendments arose from the government’s consultation and public debate with the Union of Free Trade Unions, which asked for the right to earn a pension at the age of 65 for men and 62 for women, with the possibility to continue working until the age of 67 for all workers. In September the Association of Judges in Montenegro submitted an initiative to the Constitutional Court challenging the amendments, claiming that they violated the constitution and international treaties, which prescribe equality between women and men. More specifically, the Association claimed that if the amendments were implemented, a large number of judges would need to retire in the next year, including Supreme Court president Vesna Medenica, who would need to retire in the summer of 2021. In November the Constitutional Court agreed to begin proceedings on the initiative; a decision on the initiative was not expected until 2021.

Women were also, at times, subject to discrimination based on their marital status, pregnancy, or physical appearance. Employers did not respect all their legal obligations to pregnant women and sometimes reduced their responsibilities or fired them after they returned from maternity leave. A disproportionate share of women held jobs with lower levels of responsibility than men. Employers promoted women less frequently than men. Some job announcements for women explicitly included discriminatory employment criteria, such as age and physical appearance. Employers at times violated women’s entitlement to a 40-hour workweek, overtime, paid leave, and maternity leave. Societal expectations regarding women’s obligations to the family reduced their opportunities to obtain jobs and advance in the workplace. Nevertheless, an increasing number of women served in professional fields, such as law, science, and medicine. Women accounted for less than 9 percent of personnel in the armed forces and National Police Force.

According to the Union of Free Trade Unions, gender-based violence, harassment, and discrimination existed in the workplace, but most victims were discouraged from reporting incidents due to several systemic issues. Very few employed women recognized certain behaviors as gender-based violence and harassment, and often it was very difficult for them to assess whether there was gender discrimination. Even when instances of gender-based violence, harassment, and discrimination were clear, many victims were reluctant to report the violations due to few examples of successful prosecutions and fear of reprisal.

In 2019 the NGO Women’s Right Center published a study in which 34 percent of survey respondents said they had experienced at least one form of sexual harassment at work. Every tenth respondent said that a colleague or superior proposed to have sex with them, and 6 percent said they faced such sexual advances more than once. In addition, 5 percent of the respondents said that they had been forced to have sexual intercourse with their colleague or supervisor. In 71 percent of cases, the respondents stated that the person perpetrating the sexual harassment was in a higher position than they. Approximately half of the respondents who had experienced sexual harassment at work said they told someone about the incidents, while the other half said they did not tell anyone due to shame or fear of losing their jobs.

The law does not mandate equal pay for work of equal value. Women were not permitted to work in the same industries as men, as the government designated some jobs too dangerous to have women working in them, and women were not allowed to work the same night hours as men. Women also faced discrimination in access to pension benefits, as the legal age at which men and women could retire and access both full and partial pension benefits were not equal.

As part of COVID-19 health measures, the government decided to close kindergartens and schools, and parents of children under the age of 11 were entitled to take paid leave. In practice, however, private employers did not respect these measures and recipients were required to trade days off for holidays if seeking paid time off. Trade unions and NGOs reported that although the government partly subsidized one payment, employees were not receiving the full amount. Employees, especially women, often did not report such violations due to the risk of losing their jobs.

Bosniaks, who accounted for 9 percent of the country’s population, traditionally constituted 6 percent of the government workforce. Roma, displaced persons, refugees, and migrant workers faced employment discrimination. Migrant workers usually came from Serbia, Bosnia and Herzegovina, North Macedonia, or Albania to work on construction sites and in agriculture. There were also instances of discrimination against unregistered domestic and foreign workers.

In July the Basic Court in Podgorica ruled that between 2009 and 2019, the Ministry of Defense committed severe forms of prolonged and repeated discrimination against the Trade Union of Defense and the Army of Montenegro. The court forbade any further discriminatory actions against the union. In the explanation of the sentence, the judge indicated that the ministry and general headquarters of the army systematically discriminated against the president of the union and its members for performing work activities related to the union. In 2018 the ombudsman issued an opinion recommending that the discriminator take adequate measures to eliminate uneven treatment within 30 days.

According to the National Statistics Office, the national monthly minimum wage, was slightly above the government’s absolute poverty line. Significant portions of the workforce, particularly in rural areas and in the informal sector, earned less than the minimum wage.

The law limits overtime to 10 hours per week, and total work time cannot exceed 48 work hours per week on average within a four-month period, but seasonal workers often worked much longer. During the year new labor laws came into effect that provide new protections for employees with regard to required overtime, night work, and the duration of fixed-term employment contracts.

The government did not effectively enforce minimum wage and overtime laws, although penalties for violations were commensurate with those for other similar crimes.

Many workers, particularly women employed in the commercial, catering, and service industries, worked unpaid overtime, and employers sometimes forced them to work on religious holidays without additional compensation or to forgo their rights to weekly and annual leave. Employers sometimes failed to pay the minimum wage, other employee benefits, or mandatory contributions to pension funds. Employees often did not report such violations due to fear of retaliation. The practice of only formally paying a worker the minimum wage, thus being responsible for lower mandatory contributions, and giving the employee cash payments as a supplement was common. Also common was the practice of signing short-term work contracts or having lengthy “trial” periods for workers instead of signing them to permanent contracts as prescribed by law.

Administrative and judicial procedures were subject to lengthy delays and appeals, sometimes taking years. This led to an increase in the number of persons seeking recourse through alternative dispute resolution. Most disputes reviewed by the Agency for Peaceful Resolution of Labor Disputes involved accusations of government institutions violating laws on overtime, night work, holidays, social insurance contribution requirements, or other administrative regulations.

The government set occupational health and safety standards that were current and appropriate for the main industries. Regulations require employers and supervisors to supply and enforce the use of safety equipment, conduct risk assessment analysis, and report any workplace deaths or serious injuries within 24 hours.

The Labor Inspectorate is responsible for enforcing wage, hour, and occupational health and safety laws. The number of labor inspectors was sufficient to enforce compliance in the formal economy. Resources, remediation efforts, and investigations were not adequate to successfully identify, enforce, or prevent violations in the informal economy. The Union of Free Trade Unions reported that approximately 40,000 persons were employed in the informal economy. Penalties for violations of occupational health and safety standards were generally commensurate with those for other similar crimes in the formal sector. Labor inspectors have the legal authority to close an establishment until it corrects violations or to fine owners who commit repeated violations, although they rarely exercised this right in practice. Labor inspectors have the authority to make unannounced inspections.

Employment in the construction, energy, wood-processing, transportation, and heavy industries presented the highest risk of injury. During the first eight months of the year, the Labor Inspectorate registered 13 worker injuries, of which nine were serious injuries and four resulted in death.

The most frequent reasons cited for unsafe working conditions were the lenient fines for violations of safety rules, failure to use safety equipment, lack of work-related information and training, inadequate medical care for workers, and old or inadequately maintained equipment.

Rwanda

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join unions and employer associations, bargain collectively, and strike, but it places restrictions on these rights. An employer may refuse a recognized union access to the workplace, and the union must appeal this to the labor inspector. A union must include a majority of workers in the enterprise. The law prohibits antiunion discrimination but does not automatically provide for reinstatement of workers fired for union activity. Labor disputes are mediated by local and national labor inspectors before they may be referred to a court, which may refuse to hear the case. The law applies to all employees with contracts. The law applies to informal-sector employees with regard to occupational health and safety (OSH) and the right to form trade unions and employers’ associations, but it does not address strikes in the informal sector.

A March ministerial order defines the implementation of the 2018 labor law and specifies guidelines for labor inspections, provides the modalities of electing employee representatives, lists acts considered gross misconduct, determines the core elements of a written employment contract, and defines essential services that may not be interrupted by a strike or lockout.

The law and ministerial orders provide some workers the right to conduct strikes, subject to numerous restrictions. The law states that employees have the right to strike when the arbitration committee has allowed more than 15 working days to pass without issuing a decision, the conciliation resolution on collective dispute had not been implemented, or the court award was not enforced. The law further states all strikes must be preceded by a notice of four working days. The law states that a strike or lockout must not interrupt the continuity of “essential services” as defined by the Ministry of Public Service and Labor. The ministry broadly defined essential services to include all modes of transportation and fuel sales, security, health, education, water and sanitation, and all forms of telecommunications, which severely restricted the right to strike in these fields. Employees and employers are prohibited from exercising a strike or lock-out within 10 days preceding or following elections in the country or during a state of national emergency. There were 35 labor unions organized into three confederations: 16 trade unions represented by the Rwanda Confederation of Trade Unions (CESTRAR), 12 by the Labor and Worker’s Brotherhood Congress (COTRAF), and seven by the National Council of Free Trade Union Organizations in Rwanda. All three federations were officially independent of the government, but some maintained close links with the government.

Freedom of association and the right to collective bargaining generally were not respected. The government did not enforce applicable laws effectively and restricted these rights.

The government severely limited the right to collective bargaining, and legal mechanisms were inadequate to protect this right. Labor union officials commented that many private-sector businesses did not allow collective bargaining negotiations. The government also controlled collective bargaining with cooperatives and mandatory arbitration. No labor union had an established collective bargaining agreement with the government.

Collective bargaining occasionally was practiced in the private sector, although there were few recent examples. In 2015 an international tea exporter renewed its 2012 collective bargaining agreement with its employees. CESTRAR, COTRAF, and the Ministry of Labor participated in the negotiations.

There were neither registered strikes nor anecdotal reports of unlawful strikes during the year; the most recent recorded strike was by textile workers in 2013. CESTRAR noted that in several cases, the government acted to resolve labor disputes in workers’ favor to avert the threat of a strike. National elections for trade union representatives occurred on regular cycles depending on the trade union. Trade union leaders stated the government interfered in the elections and pressured some candidates not to run.

There were no functioning labor courts or other formal mechanisms to resolve antiunion discrimination complaints, and COTRAF reported it could take four to five years for labor disputes to be resolved through the civil courts. According to one trade union, employers in small companies frequently used transfers, demotions, and dismissals to intimidate union members.

The law prohibits forced labor and states it is unlawful to permit the imposition of forced labor. In 2014 the government issued a national trafficking in persons action plan that included programs to address forced labor; the government continued to update the plan during the year. In 2018 the government enacted an updated law to prevent, suppress, and punish trafficking in persons. The 2018 antitrafficking law prescribes penalties for conviction of imprisonment or fines. Penalties were commensurate with those prescribed for other serious crimes, such as rape, with the penalties being higher if the victim is a child or a vulnerable person. Statistics on the number of victims identified in forced labor were not available. Suspected victims were sometimes detained in transit centers without proper screening or referral to care and assistance.

Government enforcement to prevent forced labor was inconsistent, particularly in cases involving domestic workers. Although not widespread, forced labor reportedly occurred in bars, restaurants, and mines.

Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/trafficking-in-persons-report/.

The law prohibits all of the worst forms of child labor. The minimum age for full-time employment is 16, but children ages 13 to 15 are allowed to perform light work in the context of an apprenticeship. The law prohibits children younger than age 18 from participating in physically harmful work, including work underground, under water, at dangerous heights, or in confined spaces; work with dangerous machinery, equipment, and tools, or which involves the manual handling or transport of heavy loads; work that exposes the child to unsafe temperatures or noise levels; and work for long hours or during the night. The 2018 labor law determines the nature of other prohibited forms of work for a child.

In addition to national law, some districts enforced local regulations against hazardous child labor and sanctioned employers and parents for violations. Police, immigration officials, local government officials, and labor inspectors received training on identifying victims of trafficking.

The NCC took the lead role in designating responsible agencies and establishing actions to be taken, timelines, and other concrete measures in relation to the integrated child rights policy and various national commissions, plans, and policies related to child protection subsumed therein. At the local level, 149 child labor committees monitored incidents of child labor, and each district was required to establish a steering committee to combat child labor. At the village level, 320 child labor focal point volunteers were supported by 10 national protection officers appointed by the NCC and 48 social workers.

The Ministry of Public Service and Labor conducted labor inspections of sectors of the economy known to employ children, focusing on domestic work and the agriculture sector. The government removed 316 children from hazardous work situations and fined employers approximately $3,000. The RNP operated a child protection unit. District government officials, as part of their performance contracts, enforced child labor reduction and school attendance benchmarks. Observers noted considerable political will to address child labor within the Ministry of Education, Ministry of Gender and Family Promotion, and the RNP, but the labor inspectorate remained underfunded and understaffed.

The government worked with NGOs to raise awareness of the problem and to identify and send to school or vocational training children involved in child labor. The government’s 12-year basic education program aided in reducing the incidence of child labor, although some children who worked also attended school because classes were held in alternating morning or afternoon shifts at some grade levels. The government fined those who illegally employed children or parents who sent their children to work instead of school.

The government enforced the law inconsistently. The number of inspectors was inadequate, but criminal penalties were commensurate with those for other serious crimes, such as kidnapping. The majority of child laborers worked in the agricultural sector and as household domestics. Child labor also existed in isolated instances in cross-border transportation and in the mining industry. Children received low wages, and abuse was common.

Also, see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

The law prohibits discrimination based on ethnic origin, family or ancestry, clan, race, sex, region, religion, culture, language, and physical or mental disability, as well as any other form of discrimination. The constitution requires equal pay for equal work.

There were no known legal restrictions to women’s employment in the same occupations, tasks, and working hours as men. The government did not consistently enforce antidiscrimination laws, and there were numerous reports of discrimination based on gender and disability. Women generally enjoyed equal pay for the same work as men, although pay varied across occupations. Persons with disabilities are officially protected from employment discrimination but often faced discrimination in hiring. Migrant workers enjoyed the same legal protections, wages, and working conditions as citizens but sometimes faced discrimination due to societal bias and informal hiring quotas tied to citizenship status.

There is no official minimum wage. The law states the Ministry of Labor may establish a minimum wage by ministerial order, but as of October 1, such an order had not been issued. Laws on working conditions applied to all workers but were seldom enforced in the informal sector.

The law provides a standard workweek of 45 hours and 18 to 21 days paid annual leave, in addition to official holidays. The law provides employers with the right to determine daily rest periods. Most employees received a one-hour lunch break. The law states female employees who have given birth are entitled to a maternity leave of at least 12 consecutive weeks. A ministerial order issued during the year states overtime is accrued after 45 hours worked per week and is compensated by a “rest period equal to the extra hours performed” within the following 30 days. If employees are not provided the rest period within 30 days, they are to be paid for hours worked. The rate for overtime work is the worker’s regular salary.

The law states employers must provide for the health, safety, and welfare of employees and visitors and that enterprises are to establish occupational safety and health committees. Authorities conducted public awareness campaigns to inform workers of their rights and highlight employers’ obligation to register employees for social security and occupational health insurance and pay into those benefit systems. Orders from the Ministry of Labor determined appropriate OSH conditions and the establishment and functioning of OSH committees.

The government did not effectively enforce the law. The number of inspectors was not sufficient to enforce labor standards effectively. The many violations reported to labor unions compared to the few actions taken by the government and employers to remedy substandard working conditions suggested penalties and enforcement were insufficient. The law was seldom applied in the informal sector.

Families regularly supplemented their incomes by working in small businesses or subsistence agriculture in the informal sector, which included more than 75 percent of all workers. Most workers in the formal sector worked six days per week. Violations of wage, overtime, and OSH standards were common in both the formal and informal sectors. Employers frequently failed to register employees for social security or occupational health insurance and pay into those benefit systems.

Workers in the subcontractor and business process outsourcing sectors were especially vulnerable to hazardous or exploitative working conditions. Statistics on workplace fatalities and accidents were not available, but ministry officials singled out mining as a sector with significant problems in implementing occupational safety and health standards. The Ministry of Labor maintained a list of dangerous professions subject to heightened safety scrutiny.

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