Workers who believe they are underpaid can pursue legal action to claim compensation or challenge unfair employer decisions. Courts assess potential discrimination by evaluating whether an employee faced unfavorable treatment linked to personal characteristics (e.g., gender, age) and whether others without those traits received better pay.
Employers must justify pay differences with objective reasons, such as higher responsibility (e.g., managing key clients) or demanding working conditions (e.g., seasonal workloads in tourist areas). However, pay gaps cannot be arbitrary—for example, accountants in hotels of different star ratings should earn the same if their roles are identical.
Transparent, criteria-driven wage policies help employers avoid disputes and build trust while ensuring compliance. Adherence to equal pay principles is both a legal mandate and a strategic advantage, fostering fair compensation and workplace motivation. Clear employer policies are critical to defending against claims and maintaining market competitiveness.
The full text of the article (in Montenegrin and English) written by Marija Živković, Partner, and Mina Čogurić, Associate, from JPM & Partners, Podgorica office is available here.
