MONTENEGRO Negotiating Team for the Accession of Montenegro

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 2– Freedom Movement for Workers Bilateral screening: Chapter 2 PRESENTATION OF MONTENEGRO Brussels, 7 June 2013

Chapter 2: Freedom Movement for Workers JOB SEEKERS AND THEIR RIGHTS Ms ANA LEKOVIĆ Independent Advisor for Legal Affairs Employment Agency of Montenegro ana. lekovic@zzzcg. me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers CONTENTS 1. 2. 3. 4. 5. LEGAL BASIS A PERSON WHO SEEKS EMPLOYMENT UNEMPLOYED PERSON UNEMPLOYED FOREIGNER AN EMPLOYEE WHO REQUESTS TO CHANGE AN EMPLOYMENT 6. REGISTRATION AT THE EMPLOYMENT SERVICE 7. RIGHTS BASED ON THE UNEMPLOYMENT STATUS 8. OBLIGATIONS OF AN UNEMPLOYED PERSON 9. JOB MEDIATION 10. JOB MEDIATION ABROAD 11. HARMONISATION WITH THE ACQUIS COMMUNITAIRE MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 1. LEGAL BASIS Relevant EU acquis communitaire • Treaty on Functioning of the European Union (Article 45) • Regulation (EU) 492/2011 on freedom of movement of workers within the Union • Directive 2004/38/EC on the right of EU citizens and members of their families to move and reside freely within the territory of the Member States Montenegrin legal acts • Law on employment and exercising the right of unemployment insurance (“Official Journal of Montenegro” No. 14/10 & 45/12) • Law on protection of Montenegrin citizens working abroad (“Official Journal of the Republic of Montenegro“, No. 11/04) • Regulation on conditions, manner, criteria and scope of the implementation of active labour market policy measures („Official Journal of Montenegro“, No. 27/12) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 2. JOB SEEKERS Employment Agency of Montenegro keeps records on persons seeking employment : • • • Unemployed persons; Persons employed on the part time jobs; Employed workers who want to change the job. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 3. UNEMPLOYED PERSONS • Person in the age 15 to 67 who is Montenegrin citizen and foreigner having personal work permit recorded at the Employment Agency of Montenegro, capable or partly capable for work, who did not sign labour contract and who actively seeks a job. • Unemployed person is person who is not pupil, student, a worker whose labour rights are suspended, retired person or farmer registered as such at the responsible Authority. • Actively seeking a job is regular fulfilment of obligations by a person who seeks a job in line with the Law and individual employment plan. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 4. UNEMPLOYED FOREIGNER • Foreigner having personal work permit can be registered at the EAM records and exercises the rights that derive from the unemployment status like an unemployed Montenegrin citizen. • Law on Employment and Work of Foreigners regulates that personal work permit could be issued to a foreigner: who received permit for permanent stay, who is a refugee and to a person to whom was approved additional protection, in line with the Law on Asillum. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 5. EMPLOYED PERSONS WHO WANTS TO CHANGE A JOB • Persons who have employment and who are recorded at the EAM as the persons searching another job. • Person who want to change a job can not use the rights based on the unemployment status. • Employment Agency of Montenegro does job mediation for person who wants to change a job in the same way as for the unemployed persons, if he/she has professional and working capabilities demanded on the labour market. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 6. REGISTRATION AT THE EMPLOYMENT AGENCY OF MONTENEGRO RECORDS • An unemployed person applies at the EAM records in the organisational unit authorized by the place of residence, or place of the employer with whom his employment terminated, at least once in a period of 60 days. • A person who has signed a labour contract for a part-time work and an employee with a full-time job who requires to change it, should be reported to the competent EAM organisational unit of the place of residence or place of work, at least once during the 90 days. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 7. RIGHTS BASED ON THE UNEMPLOYMENT STATUS • Information on possibilities and conditions of employment; • Free use of the services provided by the Employment Agency of Montenegro; • Participation in the programs and active labour market measures, in line with individual employment plan, determined by the EAM; • Obtaining an unemployment benefit; • Obtaining a financial assistance during education, training, professional rehabilitation of hard-to-place persons and inclusion in other measures aimed at increasing employment and reducing unemployment. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 8. OBLIGATIONS OF AN UNEMPLOYED PERSON • Actively seeks employment; • Fulfils obligations determined in the individual employment plan; • Participates in the active employment policy measures; • Accepts adequate employment; • Personally reports to the EAM in order to get information about possibilities and conditions of employment and job mediation every time when gets a call, and at least once in two months, i. e. an unemployment benefit user once a month, etc. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 9. JOB MEDIATION Providing professional assistance in connecting persons seeking a job i. e. those who want to change a job, and employers in order to sign a labour contract. • Employment Agency of Montenegro performs job mediation activities on the basis of the records of the unemployed and the persons seeking to change a job, as well as on the basis of assessment of knowledge, skills and capabilities to work in certain jobs, in close cooperation with an employer. • MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 9. JOB MEDIATION Job mediation comprises the following activities: • Individual counselling directed towards development of individual employment plan; • Classification of unemployed persons according to the level of employability; • Conclusion of the individual employment plan; • Group counselling; • Reporting job vacancies; • Direct connecting of employers and persons seeking employment; • Previous selection of persons seeking employment at the request of the employer; • Professional selection of persons seeking employment at the request of the employer, i. e. in line with labour market demands, for employment i. e. inclusion in the active employment policy measures; • Preparation of the unemployed for inclusion in the AEP measures. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 10. MEDIATION FOR EMPLOYMENT ABROAD • Carried out on the basis of an offer for employment at the foreign employer, received, published and implemented by the Employment Agency of Montenegro. • EAM provides assistance to citizens who accept employment at the foreign employer. Assistance is related to the provision of the documents needed to go to work foreign employer and the necessary permits to enter, work and stay in the country of employment. • EAM informs citizens about the possibilities and conditions of employment in Montenegro, vocational training, retraining and additional training on their return and provides assistance after returning in the realization of rights based on the work abroad. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Chapter 2: Freedom Movement for Workers 11. HARMONISATION WITH EU ACQUIS COMMUNITAIRE • Adequate changes shall be made in order to harmonize Montenegrin legislation with EU acquis communitaire, to enable nationals of the EU Member States seeking employment to report to the EAM, and to be equalized in the rights and obligations on this basis with the Montenegrin nationals. • Deadline : until Montenegrin accession to EU. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS

Thank you for your attention. QUESTIONS