The amendments to the Labour Law (Official Gazette 51/2026), in force since 23 April 2026, introduced pay transparency rules modelled on EU Directive 2023/970. In a job ad or before signing a contract, an employer must state the starting salary or salary range and the collective agreement that governs pay, and it may not ask a candidate about pay at a current or previous employer. An employee can request data on their average gross pay and on average pay by sex for the same work or work of equal value, and the employer replies in writing within 45 days. An employment contract may not forbid an employee from talking about their pay, and in an unequal pay dispute the burden of proof shifts to the employer. Employers with more than 100 staff will report on the gender pay gap, but the deadlines for those reports apply only from 1 June 2031.
This guide explains what an employer must say about pay before hiring, what it may not ask, how to request pay data, what to do if you earn less for the same work and what applies to large employers.
What must an employer say about pay before hiring?
- In a vacancy ad, or in another way stated in the ad, the employer tells candidates the starting salary or salary range for the post and the collective agreement that governs pay at that employer.
- An employer with no duty to advertise gives the same information to the person it intends to sign an employment contract with.
- The employer uses gender-neutral job titles in the ad.
- An employer that fails to inform a candidate about pay faces a fine of 1,000 to 10,000 euros, the responsible person 100 to 1,000 euros and a sole trader 500 to 5,000 euros.
What may an employer not ask or forbid?
- It may not ask a candidate about family status and family planning, whether they live in a marriage, a cohabiting relationship or a life partnership, or about the pay they earn or earned with previous employers.
- An employment contract may not contain a clause forbidding the employee to disclose their pay in order to exercise the right to equal pay.
- Disclosing pay for equal pay purposes, filing a complaint or lawsuit against the employer and turning to the authorities are not valid grounds for dismissal.
- An employee who has started proceedings to protect their rights may not suffer any detriment because of it.
How do you request pay data?
- The law guarantees men and women, and all employees regardless of other personal characteristics, equal pay for the same work or work of equal value.
- Same work or work of equal value means two employees doing the same job in the same or similar conditions, with a comparable level of qualifications, responsibility, skills, working conditions and results, or with the same job complexity coefficient.
- On your request the employer provides data on your average gross pay in the previous year and on average gross pay, broken down by sex, for employees doing the same work or work of equal value.
- You submit the request yourself or through an authorised trade union representative or employee representative.
- The employer informs staff of this right once a year. If it fails to provide the data, a company faces 2,000 to 20,000 euros, the responsible person 200 to 2,000 euros and a sole trader 500 to 6,000 euros.
| Employer's duty | Deadline |
| written reply to a request for pay data | 45 days at most from the request |
| further clarification if the data are wrong or incomplete | 15 days from the request for clarification |
| data on the share of men and women per pay band, requested via the labour inspectorate or the Ombudsman | 60 days from the request |
| written reply to a request to explain that data | 30 days |
What if you earn less for the same work?
- You are entitled to compensation for material damage equal to lost pay and other earnings, and to compensation for non-material damage.
- A trade union or employee representative can represent you in those proceedings.
- An employer's decision or an employment contract that breaches the right to equal pay is void.
- Once you present facts from which discrimination can be presumed, the employer must prove you were not put at a disadvantage. The comparison is not limited to the same employer or to staff employed at the same time as you.
- If you lose the case on formal grounds, the court can, at your request, exempt you from the costs, which are then paid from court funds.
What applies to employers with more than 100 staff?
- An employer with more than 100 staff sends the Social Council a report on pay differences between men and women, including the share in each of eight pay bands.
- Employers with 100 to 149 staff report once every three years by the end of April, those with 150 to 249 once every three years by the end of June, and those with 250 or more once a year by the end of December. These deadlines apply from 1 June 2031.
- If a report shows an unexplained gap of at least 5% in any pay band that the employer does not correct within six months, the Social Council adopts a conclusion, and the employer and the union carry out a joint pay assessment within six months.
The amount of the minimum wage is covered in our guide to the minimum wage, and moving from a fixed-term to a permanent contract in our guide to fixed-term contracts. New rules for starting a job are in our guide to the probation period, and other changes from the same amendments in our guide to paternity leave.
Frequently asked questions
Must an employer state the salary in a job ad? Yes, since 23 April 2026 the employer tells candidates the starting salary or salary range and the collective agreement, in the ad or in a way stated in the ad.
May an employer ask what I earn now? No, the amended law forbids asking a candidate about pay at a current or previous employer.
Can I tell colleagues how much I earn? Yes, an employment contract may not forbid you to disclose your pay in order to exercise the right to equal pay.
How long does an employer have to answer a request for pay data? It must answer in writing within 45 days of the request at the latest.
Who has to prove what in an unequal pay dispute? Once the employee presents facts from which discrimination can be presumed, the employer must prove the employee was not put at a disadvantage.
From when do large employers report on the pay gap? The deadlines for reports to the Social Council apply from 1 June 2031.
Sources
Salary in job ads, the ban on asking about previous pay, the right to pay data, the burden of proof, reports, fines and deferred application are set by the Law amending the Labour Law (Official Gazette of Montenegro 51/2026, Articles 10, 11, 13, 29, 30, 43, 44, 49, 60, 61, 64 and 66), and the EU framework for pay transparency is described on the European Commission's equal pay page. The information was checked on 28 September 2026. Fijaka is a classifieds platform; this text is not legal advice.