Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Equal Remuneration Convention, 1951 (No. 100) - Montenegro (Ratification: 2006)

Article 1 of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee noted that the new Labour Law adopted in 2020 did not give full legislative expression to the principle of equal pay for work of equal value. In particular, section 99 of the Labour Law defines work of equal value as work involving the same level of education or professional qualifications, responsibility, skills, conditions and results of work, which does not permit a broad scope of comparison between jobs that, while of an entirely different nature, are nevertheless of equal value. The Committee also noted that the Law (No. 16/16) on Salaries of Employees in the Public Sector of 2016 also limits the scope of job comparison in the public sector to the same or similar positions, or positions that require the same level or sublevel of qualifications (section 5). In its report, the Government provides very detailed information on how remuneration is determined in the country (through the legislation, collective agreements and employment contracts) and affirms that the method of calculating employees’ wages leaves no room for discrimination based on gender. The Government emphasizes that the difference in earnings between men and women in practice can be caused by unequal number of hours of overtime work, night work, temporary inability to work, etc. In that regard, the Committee observes that these differences in pay between women and men are essentially based on factors that particularly affect women. Regarding section 99 of the Labour Law, the Government reiterates that, according to the Labour Law, work of the same “value” means work for which the same level of educational qualification is required, i.e. professional qualifications, responsibility, skills, working conditions and work results. The Committee notes however that amendments to the Labour Law are underway, and that although the primary objective is to harmonize it with the work–life balance Directive of the European Union which entered into force on 1 August 2019, the working group will also consider other changes in consultation with the social partners. The Committee hopes that the necessary amendments to the legal definition of work of equal “value” in the Labour Law and in the Law on Salaries of Employees in the Public Sector will soon be enacted to ensure the concept includes work that, while different in nature, is still equal in “value”. It requests the Government to provide updates on any progress made in this regard. Additionally, considering the underlying causes of pay inequality mentioned above, and the important gender gaps in employment in the country (see the Committee’s direct request under the Convention), the Committee asks the Government to indicate the steps taken or envisaged to address the occupational segregation of women, such as conducting awareness programmes to challenge societal stereotypes about the role of women, eliminating gender stereotypes within the education system, promoting access for girls and women to education and vocational training, supporting families in balancing work and family responsibilities, etc.

Articles 2 and 3. Collective agreements and objective job evaluation. The Government indicates that the application of the principle of the Convention is also ensured through the General Collective Agreement of 2022, which includes a classification of jobs for the purpose of determining remuneration based on the level of education and qualifications achieved. The Committee observes that, while bringing some objectivity to wage determination, this mechanism does not entail an analysis of the value of jobs based on the work to be performed. It recalls that applying the principle of the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see the 2012 General Survey on the fundamental Conventions, paragraph 695). Finally, as far as objective job evaluation is concerned, the Committee wishes to stress that there is a difference between evaluating the performance of an individual carrying out their job and an objective evaluation of a job, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. The Committee requests the Government to take measures to promote objective appraisal of jobs on the basis of the work to be performed, and to provide information on progress made in this regard, both in the private and public sectors.

The Committee is raising other matters in a request addressed directly to the Government.