New Laws on Whistleblower Protection and Noise Control, Stricter Penalties for Real Estate Brokers, and New Social Rights
Significant legislative changes were published in Montenegro over the past week. New laws regulating whistleblower protection and environmental noise control have entered into force. Additionally, stricter penalties have been introduced for real estate brokers, along with the right to paid leave for women based on specific medical indications.
Domestic and Foreign Trade
Fines for operating as a real estate broker without registration have been increased.
For engaging in real estate brokerage and leasing without being registered in the Register of Brokers, fines for natural persons and responsible persons in a legal entity have been increased to an amount ranging from EUR 2,000 to 4,000. These amendments are stipulated in Art. 36.
New penalties have been introduced for operating in inadequate business premises.
Legal entities may be fined between EUR 1,500 and 5,000 if they conduct brokerage activities in business premises that are not completely separated from spaces intended for other purposes or residential spaces. This new rule is established in Art. 37a.
The deadline for brokers to align their operations has been extended to 24 months.
Companies and entrepreneurs engaged in real estate brokerage and leasing now have a period of 24 months (instead of the previous 12) from the date the law enters into force to align their operations and submit an application for registration in the Register of Brokers, in accordance with Art. 41.
Social Insurance
The right to leave based on secondary dysmenorrhea has been introduced.
Insured women diagnosed with secondary dysmenorrhea are granted the right to leave for up to two days per month, as a special condition of temporary incapacity for work. The diagnosis must be established by a specialist doctor, and the medical certificate must be renewed annually, as prescribed by Art. 36a.
Salary compensation during this leave is 100% of the base.
In accordance with the amendments to Art. 40, salary compensation during temporary incapacity for work due to secondary dysmenorrhea is provided at 100% of the compensation base, regardless of the grounds on which the temporary incapacity was established.
Financial Operations and Services
Motor third-party liability insurance now covers damages in the EU based on a single premium.
Motor third-party liability insurance, based on a single premium and for the entire duration of the contract, now covers losses incurred on the territory of European Union Member States and the Green Card system, guaranteeing the coverage required by the law of each Member State, in accordance with Art. 27a.
The circle of persons not entitled to compensation for damages under motor liability has been clarified.
Legal successors of the driver who caused the traffic accident (in the event of their injury or death) have been excluded from the circle of persons not entitled to compensation for damages. The driver who caused the accident themselves still has no right to compensation, as prescribed by Art. 30.
State Bodies
A new Law on Whistleblower Protection has been enacted.
The new law defines a whistleblower as a natural person employed in the public or private sector who submits a report on irregularities in their work environment. The law provides protection for these individuals against retaliation, in accordance with Art. 4.
Employers are obliged to establish confidential reporting channels.
Channels for reporting irregularities must be accessible to all employees, easy to use, confidential, and protected from unauthorized access, in order to enable timely action upon a report, as prescribed by Art. 7.
Whistleblowers are entitled to a financial reward.
If, by submitting a report, a whistleblower has contributed to the realization of public revenues or the employer's revenues, they are entitled to a financial reward in the amount of 3% to 5% of the realized revenues or permanently confiscated property, in accordance with Art. 34.
Environmental Law
A new Law on Protection against Environmental Noise has been enacted.
The law regulates noise management and defines noise sources, which include machinery, installations, means of transport (road, rail, and air traffic), as well as any devices that produce continuous or intermittent noise, in accordance with Art. 3.
High fines have been prescribed for exceeding noise limit values.
Legal entities may be fined between EUR 1,000 and 40,000 if they fail to ensure the application of technical measures to reduce noise emissions or exceed the prescribed limit values. Fines for entrepreneurs range from EUR 1,000 to 12,000, as established by Art. 32.