What is being negotiated?

The goal of social policy is to ensure that all people have access to basic rights and values, thereby continuously improving the living conditions of the population. Within the European Union (EU), the focus of social policy is on supporting member states in the areas of social inclusion and protection, through the development and implementation of policies aimed at combating poverty and social exclusion. Particular importance is given to modernizing social protection systems and promoting the active inclusion of various vulnerable or marginalized groups.

This means that all EU citizens should have equal and fair access to basic social services, as well as access to strong and effective social protection systems. It is also important to ensure good and safe working conditions, improve productivity, and strengthen social cohesion within communities. Member states are obliged to pay special attention to groups that are underrepresented in the labor market and aim to increase overall employment and reduce social inequalities.

EU legal framework in the field of social policy and employment covers important aspects such as labor law, occupational health and safety, gender equality, social dialogue, and strict prohibition of discrimination based on various criteria. EU employment policy strongly encourages the creation of additional and higher-quality jobs through investments in education, science, and skills development. Responsibility for implementing employment, social, and inclusion policies is shared between the EU and its member states.

Member states actively participate in social dialogue at the EU level, contributing to the development and implementation of policies related to employment, social inclusion, and protection. The European Social Fund Plus (ESF+) represents a key financial instrument supporting these policies within member states. During the EU accession process, Montenegro uses support through the IPA III program to align its systems and strengthen capacities through technical and program assistance. Coordination with Chapter 22, which deals with structural instruments, remains important for the future use of ESF+ funds after accession.

This chapter is particularly important not only because of its broad thematic scope but also because of its significance in the areas of anti-discrimination and equal opportunities, with a strong link to Chapter 23, which relates to judiciary and fundamental rights. This ensures that EU social policy aligns with the fundamental principles of justice and equality for all citizens.

Sub-areas

The sub-areas within Chapter 19 are:

1. Labor law

2. Occupational health and safety

3. Social dialogue

4. Employment policy

5. European Social Fund

6. Social inclusion and protection

7. Deinstitutionalization

8. Prohibition of discrimination in employment and social policy

9. Gender equality in employment and social policy

When was the chapter opened?

Chapter 19 – Social Policy and Employment was opened on 13 December 2016 at the Intergovernmental Conference in Brussels. Negotiations in this chapter are ongoing.

Opening benchmark

Montenegro had one opening benchmark: the preparation of an action plan for the gradual alignment of legislation and the development of necessary capacities for the implementation of EU acquis. This benchmark was met on 26 March 2015 by adopting the Action Plan for gradual alignment of legislation and capacity building for implementing EU acquis in Chapter 19 – Social Policy and Employment.

Closing benchmarks

Montenegro is intensively working on fulfilling EU standards and creating conditions for closing this chapter, which include:

• Amendments to the Labor Law and the Occupational Health and Safety Law to align national legislation with the EU acquis, and ensuring the establishment of administrative structures and enforcement capacities by accession, especially by strengthening labor inspection.

• Amendments to legislation on non-discrimination and gender equality in employment and social policy to align with the EU acquis and ensure administrative capacities (Equality Body, Ombudsman, enforcement mechanisms).

• Strengthening administrative capacities for effective enforcement and implementation of all employment and social policy regulations, including planning and operational capacities, ensuring effective dialogue between social partners, and future management of the European Social Fund.

Key legislative steps achieved:

• Labor Law adopted on 23 December 2019, aligned with 14 EU directives and International Labour Organization standards, regulating workers’ and employers’ rights, working conditions, and other key aspects. Subsequent amendments in 2021 and 2024 introduced improvements including predictable work conditions and remote work regulations.

• Occupational Health and Safety Law amendments adopted in June 2018, implementing key provisions from EU Directives 89/391/EEC and 92/57/EEC, with sub-legal acts in 2019 further regulating implementation. A comprehensive plan for strengthening inspection capacities is currently being prepared.

• Anti-discrimination laws: Law on the Prohibition of Discrimination (2017 amendments), Law on Gender Equality (2015 amendments), and planned new Law on Equality and Non-Discrimination (in parliamentary procedure).

• LGBTI rights: Strategy for Improving the Quality of Life of LGBTI Persons (2019–2023) and the Law on Life Partnership of Persons of the Same Sex (2020).

• Social protection: Preparation and adoption of the Law on Social and Child Protection, Law on Single Disability Assessment, and Garantie for Youth program (2024–2026).

Next period activities

The focus will be on:

• Further aligning national legislation with EU acquis.

• Strengthening competitiveness and social cohesion, particularly through skills development at all educational levels.

• Promoting inclusion and active labor market measures for better access to social services.

• Implementing laws on disability assessment, labor law, youth guarantees, social services improvement, and deinstitutionalization.

Institutions/organizations in the negotiating group

Chapter 19 belongs to Cluster 3: Competitiveness and Inclusive Growth. The negotiator of the cluster is from the Ministry of Finance, while the head of the Negotiating Working Group (NWG) is from the Ministry of Social Welfare, Family and Demography. The deputy head is from the Ministry of Labor, Employment, and Social Dialogue, and the secretary is from the Ministry of European Affairs. Members include representatives of state institutions (including inspections, Employment Bureau, Statistics Office), social partners (trade unions and employers’ organizations), academia, and civil society. Membership is periodically updated by government decisions.

Benefits for Montenegro

By aligning with EU rules, Montenegro improves modern labor relations, social dialogue, labor protection, equality, and non-discrimination, while supporting competitiveness and social cohesion. Accession opens access to ESF+ funds for employment, skills, and inclusion, while IPA III programs prepare administrative capacities and legislative alignment. Citizens benefit from:

• easier employment in the European labor market,

• better employment opportunities, especially for youth,

• improved labor protection,

• stronger social services and inclusion mechanisms,

• access to EU funding for social policy projects.