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Religion at the workplace

Believers are legally entitled to obtain leave from work during major holidays. The Law on Celebration of Religious Holidays envisages the right to paid leave to celebrate a religious holiday. (...)

Believers are legally entitled to obtain leave from work during major holidays. The Law on Celebration of Religious Holidays envisages the right to paid leave to celebrate a religious holiday. This Law prescribes misdemeanor liability, punishable by a fine against the responsible person in a company, institution, another legal person, State authority or the entrepreneur failing to provide paid leave to an employee during celebration of a religious holiday.

See: the Law on Celebration of Religious Holidays (Official Gazette of RMNE 56/93).
Source: Initial Report on the Implementation of the Covenant on Civil and Political Rights, 2012, p. 38-39.

D 18 July 2016    ANikola B. Šaranović

Articles of law concerning religion in the workplace

Rest during the working day Article 73 (6) The employee has the right to request from the employer that, in accordance with religious and traditional beliefs, once a week the rest time during (...)

Rest during the working day
Article 73

(6) The employee has the right to request from the employer that, in accordance with religious and traditional beliefs, once a week the rest time during the working day is adjusted to a period suitable for the practice of the given rights and beliefs, if the nature of the job allows him to stop work.

Acquiring the right to annual leave
Article 79

(5) Temporary inability to work due to illness, maintenance of pregnancy, paid leave, family, parental, adoptive and foster care leave, rest on national and religious holidays and absence due to responding to the invitation of state authorities are considered time spent at work for acquiring the right to use of annual leave.

Absence from work due to national and religious holidays
Article 89

(1) An employee has the right to be absent from work during national and religious holidays in accordance with the law.
(2) If an employee works during the holidays referred to in paragraph 1 of this article due to the needs of the work process, he has the right to a salary increase in accordance with the collective agreement and the employment contract.
(3) An employer who organizes work on national and religious holidays, in accordance with the law, is obliged to make a written decision and notify the employees, the employer’s trade union and the labor inspectorate, within three days before the start of work.
(4) In the event that the employees are engaged through the Agency, the obligation of notification from paragraph 3 of this article falls to the user.
(5) The obligation to notify the inspection from paragraph 3 of this article does not apply to employers who perform the following activities:
1) production, transmission, distribution and supply of electricity;
2) postal trafic (universal postal services);
3) public electronic communications, in accordance with the law;
4) informational programs of the public broadcasting service;
5) public utility services/activities (production and supply of water, garbage collection, production, distribution and supply of heat, funeral services, etc.);
6) production, distribution and supply of oil, coal and gas;
7) fire protection;
8) health and veterinary care;
9) social and child protection;
10) performance of obligations from confirmed international agreements.

Increase in basic salary
Article 98

(1) The employee’s basic salary is increased, in accordance with the collective agreement and the employment contract, based on:
1) year of service (past work);
2) work at night;
3) working on a national or religious holiday; and
4) overtime work.
(2) The collective agreement and the labor agreement may determine wage increases on other grounds.

Compensation of earnings
Article 102

(1) The employee has the right to compensation in the amount determined by the collective agreement and the employment contract during absence from work due to national and religious holidays in which no work is done;

Source: The Law on Work of Montenegro.

D 20 October 2022    ANikola B. Šaranović

CNRS Unistra Dres Gsrl

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