Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Montenegro

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2006)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2006)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Impact of the reorganization of the labour inspection system. The Committee previously noted the Government’s indication that labour inspection operates within the Inspection Directorate, an independent organ of the state administration whose coordinated inspection work was supervised through the Ministry of Economy, and the Committee requested the Government to indicate whether the Ministry of Labour and Social Welfare still had a role in determining labour inspection priorities and needs. In this respect, the Committee notes that, according to the Regulation on the Organization and Work of the Public Administration (Nos 118/20, 121/20, 1/21, 29/21, 34/21, 41/21), supervision over the coordinated work of the Directorate for Inspection Affairs is now performed through the Ministry of Public Administration, Digital Society and Media. The Committee further requested information on the extent to which the Law on Inspection (Nos 39/03, 76/09, 57/11, 18/14, 11/15 and 52/16), which regulates principles for inspection bodies in general, applies to the activities of the labour inspectorate. The Government confirms in its report that the labour inspectorate applies the Law on Inspection, and states that this Law has been prepared for further amendments. The Committee requests the Government to provide more detailed information on the manner in which labour inspection needs and priorities are determined, now that the Ministry of Public Administration, Digital Society and Media oversees the coordinated work on inspections of the Directorate for Inspection Affairs. It further requests the Government to clarify the relation between the Law on Inspection and the Law on Labour Inspection in cases where provisions overlap, and to provide a copy of the amended Law on Inspection, once adopted.

Articles 5(a) and 16 of Convention No. 81 and Articles 12(1) and 21 of Convention No. 129. Register of industrial and commercial workplaces liable to labour inspection and planning of inspection visits. The Committee notes the information provided by the Government in response to its previous comments on cooperation arrangements between labour inspection and other public authorities and institutions, such as the Tax Administration and MONSTAT, with respect to statistics and data sharing. The Government indicates that the labour inspectorate has a proactive approach in data exchange, and that data from the Tax Administration and MONSTAT is obtained upon request by labour inspectors. The Government further indicates that an operator also submits data from the Tax Administration to the labour inspectorate during preparations for field controls. The Committee takes note of this information which addresses its previous request.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(a), 22, 23 and 24 of Convention No. 129. Cooperation with judicial authorities. The Committee notes that, following the Committee’s comments regarding submissions to prosecutors and judges, the Government indicates that there are 24 ongoing investigations into occupational injuries, including six fatal injuries, 17 serious injuries, and one case of collective injury at work. The 2020 Annual Report of the Directorate for Inspection Affairs (2020 Annual Labour Inspection Report) also contains statistics on 53 requests resolved by regional courts for misdemeanours. Nevertheless, the Government states that the work of prosecutors and judicial bodies is independent and that the labour inspection has no feedback on the outcome of proceedings. The Committee also notes that various provisions in the Law on Inspection, such as sections 15, 16 and 17, prescribe measures to be taken by inspectors in situations where irregularities are found, and it is not always clear from the text whether inspectors have discretion in giving warning and advice instead of instituting or recommending proceedings. The Committee requests the Government to provide further clarification on cooperation arrangements in place between the labour inspectorate and judicial bodies, including on information sharing. In this regard, the Committee requests the Government to collect and provide information on the outcome of judicial proceedings resulting from investigations initiated following actions taken by labour inspectors. In addition, the Committee requests the Government to indicate the manner in which it ensures that, in the application of the Law on Inspection, it is left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings.

Articles 7 and 11 of Convention No. 81 and Articles 9 and 15 of Convention No. 129. Adequate qualifications and training of labour inspectors. Allocation of resources. The Committee notes the information provided by the Government regarding the budget of the labour inspectorate, the procedure for recruiting labour inspectors, and the material means placed at their disposal. The Government states in this regard that labour inspectors benefit from relatively good working conditions, with 15 offices, 24 vehicles, a quota of fuel, daily allowances for work outside the office, laptops, mobile scanners and printers. The 2020 Annual Labour Inspection Report indicates that, in addition to strengthening inspection capacity by increasing the number of labour inspectors, and ensuring continuous training, better technical equipment is also needed for more efficient and effective inspection supervision. The Committee requests the Government to continue to provide information on measures taken in regard to strengthening inspection capacity.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of labour inspectors. The Committee welcomes the indication of the Government that there has been an increase in the total number of labour inspectors, from 40 labour inspectors in 2018 to 43 currently, with 32 labour inspectors working in the field of labour relations, and 11 in the field of occupational safety and health. It also notes that, according to the Government, the appointment of new inspectors has rejuvenated the labour inspection system, although not all labour inspectors are currently active. The 2020 Annual Labour Inspection Report indicates in this regard that the human resources of the labour inspectorate are not yet at the required level. The Committee requests the Government to continue to provide information on any developments in this regard.

Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Free entry without previous notice. The Committee notes that, pursuant to sections 27 and 35 of the Law on Inspection, labour inspectors are required to leave an invitation for the relevant entity to be present at a specified date and time for inspection, when it cannot find the responsible person (section 27) or determine the identity of the subject of supervision (section 35). Sections 27 and 35 of the Law further provide that, if the relevant entity does not respond to the invitation, inspection can be carried out without their presence. The Committee recalls that, pursuant to Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee observes that an obligation to leave an invitation for an entity to be present at a specified date and time for inspection could have the same effect as giving a previous notice of inspection. The Committee notes, however, the Government’s indication that the Law on Inspection has been prepared for amendments, particularly with regard to authorization to inspect unregistered facilities. The Committee requests the Government to take fully into account its comments and the principles under Article 12 of Convention No. 81 and Article 16 of Convention No. 129, in the revisions of the Law on Inspection, and to provide information on developments in this regard. It further requests the Government to provide information on the implementation in practice of sections 27 and 35 of the Law on Inspection by the labour inspectorate, including specifically the ability of labour inspectors provided with proper credentials to enter freely and without previous notice, at any hour of the day or night, any workplace liable to inspection, in practice.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection services. The Committee previously noted that section 52 of the Law on Safety and Health at Work (Nos 34/14, 44/18) required health institutions to share data on occupational injuries and diseases to the state authority for labour. It requested the Government to indicate how such data is provided to the labour inspectorate, which is no longer under the authority of the Ministry of Labour and Social Welfare. In this regard, the Government indicates that information under section 52 of the Law on Safety and Health at Work is submitted to the Directorate for Occupational Safety, now operating within the Ministry of Economic Development, but that there are no national records on occupational and work-related diseases. The Committee therefore once again requests the Government to provide specific information on how the labour inspectorate is notified of cases of occupational diseases.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee previously noted that the annual report of the labour inspectorate did not contain the information required under Article 21(c), (f) and (g) of Convention No. 81 and Article 27(c), (f) and (g) of Convention No. 129, regarding the number of workplaces liable to inspection and workers employed therein, and statistics of occupational accidents and diseases. It also did not contain statistics specific to agriculture on the violations and penalties imposed (Article 27(e) of Convention No. 129). The Committee observes that the same is true for the 2020 Annual Labour Inspection Report, and that, according to the Government, the information at issue is not available to the labour inspection system. The Government states that records of inspections only contain statistics of workers covered by labour inspection and records of ongoing inspections regarding occupational injuries but not the number of workplaces liable to inspection. The Committee thus requests the Government to take measures to ensure that statistics regarding workplaces liable to inspection, occupational diseases, and violations and penalties imposed in agriculture, are available to the labour inspectorate, so that future annual labour inspection reports can contain all the information necessary under Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to continue to transmit its annual labour inspection reports to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 9 and 21 of Convention No. 129. Special training of labour inspectors in agriculture and inspection visits. The Committee notes the Government’s indication, in response to its previous comments on this matter, that no special trainings have been organized for labour inspectors in the performance of their duties in agriculture. The Committee also notes that, according to the Government, inspections in agriculture only account for 0.36 per cent of labour inspection controls in 2019 and 0.37 per cent of their controls in 2020. According to the Government, this is because a large number of inspections are performed at the initiative of workers, citizens and associations, mainly in trade, catering and accommodation services, as well as construction, while the agricultural sector sees almost no initiatives. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, even in the absence of inspection requests from workers in the agricultural sector or from other private initiatives.