Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Montenegro (Ratification: 2006)

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. The Committee noted previously the Government’s indication that inspection visits had been targeting sectors with a high percentage of illegal employment and that the Act on Employment and Work of Foreigners empowers labour inspectors to impose fines on foreign workers who are employed without a residence or work permit.

The Committee notes from the Government’s report that, with regard to the application of the above Act, labour inspectors impose fines and submit requests for misdemeanour proceedings against employers who have hired foreigners without proper permits or contracts. The Government’s report does not refer to the imposition of fines on foreign workers, but instead to the regularization of the legal status of foreign workers found to be working illegally. The Government indicates that in 2013, 5,366 persons were found to be working illegally, and that the labour status of 5,244 persons (including 3,429 foreign workers) was regularized. The Government also indicates that the labour inspectorate notifies the Ministry of Interior and the police administration of cases of foreign nationals who are working illegally, to enable these bodies to take measures within the scope of their responsibilities. In 2013, 278 joint controls by labour inspectors and inspectors for foreign nationals were carried out to monitor the movement of foreign nationals in the labour market.

Referring to paragraph 161 of its 2006 General Survey on labour inspection, the Committee recalls that cooperation with immigration authorities should be carried out cautiously, keeping in mind that, pursuant to Article 3(1) of the Convention, the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests that the Government specify what regularization means in this context, and what is the role of labour inspectors in this regard.

Article 4. Supervision and control of a central authority. Reorganization of the labour inspection system. The Committee notes that the Administration for Inspection Affairs was established in June 2012 as an independent administrative body, bringing together 24 inspection services across a wide range of fields, including labour inspection, but also tourism, veterinary medicine, health, forestry and hunting, housing, sanitation, water and the environment, etc. The labour inspection section is in the department for the protection of the market and economy, gaming and public procurement, and is managed by a chief labour inspector. Noting that labour inspection is no longer under the authority of the Ministry of Labour and Social Welfare, the Committee requests that the Government provide information on the central authority in charge of determining the priorities and needs of labour inspection. It also requests that the Government provide information on the impact of this reorganization on the functioning of the labour inspection, including on the resources allocated for labour inspection within the Administration for Inspection Affairs.

Article 5(b). Collaboration between labour inspectors and employers and workers. The Committee notes the Government’s statement in reply to the observations made in 2009 by the Union of Free Trade Unions of Montenegro (USSCG) that the labour inspectorate successfully cooperates with the social partners in all activities related to the adoption and enforcement of labour legislation. The Government states that there is direct cooperation between representatives of the labour inspectorate and representatives of employers and trade unions in order to resolve specific cases. It also indicates that representatives of the social partners participate in round tables, seminars, training and workshops that are organized in order to raise awareness of both employers and workers of the function of labour inspection in the field of labour relations, employment and safety at work.

Articles 5(a), 16, 20 and 21. Establishment of a register of industrial and commercial workplaces liable to labour inspection and planning of inspection visits. The Committee notes the Government’s indication that the Tax Administration of Montenegro maintains a register containing data on the number of business entities, entrepreneurs, employees and insured persons at the state level. The Government states that labour inspectors may obtain the necessary data through cooperation with the Tax Administration, but it does not state whether labour inspectors have permanent access to this data. In this respect, the Committee notes that the chapter on labour inspection of the annual report of the Administration for Inspection Affairs (provided with the Government’s report) does not contain information on the number of enterprises liable to inspection and the workers employed therein. The Committee requests the Government to take the necessary measures to ensure that the annual report on the activities of the labour inspection services contains statistics on the number of enterprises liable to inspection and the workers employed therein, as required by Article 21(c) of the Convention. It requests the Government to continue to provide information on inter-institutional cooperation undertaken to this end.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the Government’s statement that qualified personnel in the inspection services can only be retained through incentives, including promotions and increases in salary. In this regard, a draft Law on salaries in the public sector is under preparation, which will contribute to increased remuneration for inspection staff as well as higher motivation. Concerning stability of employment, the Committee notes that section 52 of the Law on civil servants and state employees of 2011 states that inspectors shall be appointed for a period of seven years. The Committee requests that the Government indicate whether labour inspectors may be reappointed following the expiration of their seven-year term, and if so, provide information on the proportion of inspectors who are reappointed. It also requests the Government to continue to provide information on the measures taken to improve the conditions of service of labour inspectors, including with respect to the adoption of the draft Law on salaries in the public sector.

Article 10. Number of labour inspectors. The Committee notes the Government’s statement that increasing the number of labour inspectors would significantly strengthen the capacity of the labour inspectorate. In this regard, the Government indicates that a new law on jobs classification is in preparation, which proposes adding a total of eight inspectors in the fields of labour relations and occupational health and safety. The Committee notes that there are currently 33 labour inspectors, and observes that this is a decrease from the 36 inspectors referred to in the Government’s 2011 report. The Committee accordingly requests that the Government pursue its efforts to increase the number of labour inspectors in order to secure the effective discharge of the duties of the inspectorate, and to communicate information on any progress achieved in this respect.

Article 11. Working conditions of labour inspectors. The Committee previously noted the information from an ILO labour inspection audit, undertaken in 2009, that the working conditions of labour inspectors were not satisfactory in terms of offices and office facilities due to a lack of computers, fax equipment, Internet access, technical measuring tools and personal protective equipment.

The Committee notes the Government’s statement that office and protective equipment has been procured for labour inspectors, including laptops, mobile scanners and printers, safety helmets and clothing. A number of vehicles have also been purchased for use by labour inspectors. The Government further indicates that while the amount of compensation for fuel costs has been reduced to €50 per month per inspector (from €70), additional reimbursement is provided when required. In this regard, the Committee notes the statement in the annual report of the Inspection Administration of 2013 that the fuel subsidy for inspectors is currently insufficient. Therefore, while welcoming the Government’s efforts to increase the equipment and number of vehicles available to labour inspectors, the Committee requests that the Government pursue its efforts to ensure that labour inspectors are provided with the transport facilities necessary for the performance of their duties. In this respect, it requests that the Government provide information on measures taken to ensure that labour inspectors are reimbursed for their relevant travel costs, including petrol.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s statement that occupational diseases are registered with the Health Insurance Fund. The Committee requests that the Government provide information on the manner in which the labour inspectorate is notified of cases of industrial accidents and occupational diseases, in accordance with Article 14 of the Convention. It also requests that the Government take the necessary measures to ensure that statistics on industrial accidents and occupational diseases are included in the annual report on the activities of the labour inspection services, as required by Article 21(f) and (g) of the Convention.