Instant Payments, Unpaid Leave Restrictions, and New Workplace Safety Rules
Montenegro is aligning its financial sector with EU standards by introducing mandatory 24/7 instant payments and payee verification. Meanwhile, the latest amendments to the Labour Law restrict pension contributions during unpaid leaves but ease judicial access for discrimination claims. Employers also face stricter compliance requirements regarding hazardous substances and occupational health monitoring.
Financial Operations and Services
Banks mandated to launch 24/7 instant credit transfers.
All payment service providers offering standard credit transfers are now required to support instant credit transfers 24 hours a day, 365 days a year Art. 56g. Customers are entitled to set their own daily limits or transaction caps via mobile or online banking Art. 56h. This reform will significantly accelerate settlements for both businesses and individuals.
Mandatory payee name verification (IBAN matching) introduced.
To combat fraud and payment errors, banks must now provide an automated service to verify the payee's name against their IBAN before a transfer is authorized Art. 56j. If the name and IBAN do not match, the bank must warn the payer of the risk. In cases of a close match, the system will suggest the name associated with the IBAN Art. 56l.
Labour Law
Pension contributions suspended during standard unpaid leaves.
Social security rules during unpaid leave have been significantly tightened. Employers are now required to maintain pension and disability insurance contributions only during a 5-day carer's leave to look after a seriously ill immediate family member Art. 88a. For all other types of unpaid leave (such as those agreed under collective bargaining agreements), pension contributions are suspended, and only health insurance coverage remains active Art. 88.
Direct judicial recourse enabled for workplace discrimination claims.
The mandatory requirement to seek pre-litigation mediation through the Agency for Peaceful Resolution of Labour Disputes before filing a lawsuit in discrimination cases has been abolished Art. 16. Employees, job applicants, and former staff can now file claims directly in court. Mediation remains an option, but strictly on a voluntary basis before or during the trial.
Paternity leave protected and racial discrimination exceptions banned.
Paternity leave (*očinsko odsustvo*) has been formally added to the list of special protective measures that cannot be deemed discriminatory, aligning it with maternity and parental leaves Art. 15. Additionally, the law now explicitly states that occupational requirement exceptions to equal treatment can never be applied to justify differences in treatment based on racial or ethnic origin.
New occupational exposure limits for hazardous chemicals enacted.
A new technical rulebook has been adopted, completely replacing the previous chemical safety regulations. The document establishes updated national occupational exposure limit values (OELs) for hazardous chemicals in the workplace air, aligned with EU directives Art. 4. All workplace concentration measurements must now be conducted using standardized European methodologies Art. 5.
General Human Rights and Freedoms
Gender discrimination ban extended to occupational pensions and social benefits.
The scope of anti-discrimination legislation has been expanded to cover social advantages, occupational social security schemes, and public sector pension plans Art. 4. The law explicitly prohibits setting different age thresholds, contribution periods, or benefit levels for men and women under these schemes Art. 4a. These rules will apply to rights arising from employment periods after Montenegro's accession to the EU.
Reversal of the burden of proof restricted in criminal and misdemeanor cases.
A crucial procedural clarification has been introduced for legal practitioners. The rule shifting the burden of proof to the defendant once the plaintiff establishes a prima facie case of discrimination does not apply to criminal and misdemeanor proceedings (*prekršajni postupak*) Art. 26. In these jurisdictions, the standard presumption of innocence remains fully intact.
Labour and Employment
Employers mandated to protect workers from reproductive toxins.
Occupational health legislation has expanded the definition of hazardous substances to place reproductive toxins on equal footing with carcinogens and mutagens Art. 9. Employers are now legally required to design work processes and implement protective measures to minimize exposure to these substances Art. 16, Art. 20.
Mandatory workplace monitoring for carcinogens and reproductive toxins introduced.
Occupational safety officers and licensed external organizations are now required to conduct regular instrumental measurements of carcinogens, mutagens, and reproductive toxins in the workplace air Art. 48, Art. 52. Previously, mandatory testing was limited to basic chemical and biological hazards.
Domestic and Foreign Trade
New state-backed export credit insurance framework established.
This decree regulates the terms of export credit insurance against non-market risks through the Investment and Development Fund (Development Bank of Montenegro) Art. 1. Covered risks include production suspension lasting at least 6 consecutive months due to political or force majeure events, as well as commercial credit defaults where debt recovery fails for 3 months after the due date Art. 15.
Local content requirements and coverage limits introduced.
To qualify for state-backed insurance, exported capital goods or services must meet minimum local content requirements Art. 9. The maximum insurance coverage is capped at 95%. Any coverage exceeding this limit is exceptional and requires notifying the European Commission and other insurers at least 7 working days prior to the decision Art. 17.