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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s reports have not been received. It hopes that the next reports will contain full information on the matters raised in its previous comments.

Repetition

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.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s reports have not been received. It is therefore bound to repeat its previous comments.

Repetition

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 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee previously commented on the results of inspection activities of labour inspectors regarding migrant workers, including joint controls between labour inspectors and the Division for Foreigners, Visas and Combating Illegal Migration of the Police. The Committee notes that, according to the Government’s report, 132 joint controls were undertaken in 2020 with the Border Police (down from 342 in 2019), and that, while a focus of inspection is to prevent persons from working in irregular situations, labour inspectors also monitor the protection of migrant workers’ labour rights, including on occupational safety and health (OSH). The Committee also notes the Government’s statement that labour rights of migrant workers are protected like those of Montenegrin citizens whenever possible, and except where their residence in Montenegro is terminated. The 2020 Annual Report of the Directorate for Inspection Affairs indicates, in this regard, that hiring foreigners without a previously obtained residence and work permit is one of the most common irregularities identified in the field of labour relations and employment, that joint controls have resulted in the termination of residence for a large number of migrant workers caught in an irregular work situation, who could not be regularized, and that the labour inspectorate could only sanction their employers in such occasions. The Committee notes that, according to the same Annual Report, 483 workers in irregular situations were detected in 2020, out of which 144 (29 migrant workers and 115 Montenegrin citizens) were regularized after measures taken by the labour inspectorate. The Committee once again recalls its indication in the 2006 General Survey, Labour inspection, paragraph 78, that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee also recalls its indication in the same paragraph of the 2006 General Survey that efforts to control the use of migrant workers in an irregular situation require mobilizing considerable resources which inspectorates can only provide to the detriment of their primary duties. Noting the Government’s indication regarding joint controls and difficulties in enforcing certain migrant workers’ labour rights, the Committee requests the Government to take specific measures to ensure that labour inspectors’ participation in joint controls does not interfere with the effective discharge of their primary duties under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee requests the Government to provide further information on how it ensures that the functions of verifying the legality of employment, assigned to labour inspectors, do not interfere with their main objective of protecting workers, in accordance with those Articles. It requests the Government to continue to provide information on the actions undertaken by labour inspectors in this area, including the outcomes of joint controls.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee previously requested the Government to provide information on circumstances under which labour inspectors may not be reappointed following expiration of term, and on measures to improve their conditions of service. The Committee notes the Government’s statement that, pursuant to the Law on Civil Servants and State Employees (Nos 2/18, 34/19 and 8/21), the Chief Inspector and inspectors are appointed for a term of five years, following which they are subject to re-examination of knowledge, competencies and abilities. The Government indicates in this regard that there have been no cases of labour inspectors failing and not being re-appointed to the same position, but that this does not make the employment of such officials stable. The Committee recalls that, as it has expressed in its 2006 General Survey, Labour inspection, paragraph 201, the status and conditions of service of labour inspection staff under Article 6 of Convention No. 81 and Article 8 of Convention No. 129 must assure the staff of stability of employment and independence from improper external influences. The Committee further recalls that, as expressed in its 2006 General Survey, Labour inspection, paragraph 203, public servant status for inspection staff is the status best suited to guaranteeing them the independence and stability necessary to the performance of their duties, and that, as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct. On measures to improve the conditions of service of labour inspectors, the Committee takes due note of the Government’s indication regarding a Governmental Decision last amended in 2021, providing for salary supplements to labour inspectors in the amount of up to 30 per cent of their basic salary. Accordingly, the Committee requests the Government to provide information on the independence, continuity and stability of service of labour inspectors in comparison to public servants exercising similar functions with other government services, such as tax inspectors and the police. The Committee also requests the Government to continue to provide information on measures taken or envisaged to ensure that conditions of service of labour inspectors are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

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

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 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee previously commented on the results of inspection activities of labour inspectors regarding migrant workers, including joint controls between labour inspectors and the Division for Foreigners, Visas and Combating Illegal Migration of the Police. The Committee notes that, according to the Government’s report, 132 joint controls were undertaken in 2020 with the Border Police (down from 342 in 2019), and that, while a focus of inspection is to prevent persons from working in irregular situations, labour inspectors also monitor the protection of migrant workers’ labour rights, including on occupational safety and health (OSH). The Committee also notes the Government’s statement that labour rights of migrant workers are protected like those of Montenegrin citizens whenever possible, and except where their residence in Montenegro is terminated. The 2020 Annual Report of the Directorate for Inspection Affairs indicates, in this regard, that hiring foreigners without a previously obtained residence and work permit is one of the most common irregularities identified in the field of labour relations and employment, that joint controls have resulted in the termination of residence for a large number of migrant workers caught in an irregular work situation, who could not be regularized, and that the labour inspectorate could only sanction their employers in such occasions. The Committee notes that, according to the same Annual Report, 483 workers in irregular situations were detected in 2020, out of which 144 (29 migrant workers and 115 Montenegrin citizens) were regularized after measures taken by the labour inspectorate. The Committee once again recalls its indication in the 2006 General Survey, Labour inspection, paragraph 78, that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee also recalls its indication in the same paragraph of the 2006 General Survey that efforts to control the use of migrant workers in an irregular situation require mobilizing considerable resources which inspectorates can only provide to the detriment of their primary duties. Noting the Government’s indication regarding joint controls and difficulties in enforcing certain migrant workers’ labour rights, the Committee requests the Government to take specific measures to ensure that labour inspectors’ participation in joint controls does not interfere with the effective discharge of their primary duties under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee requests the Government to provide further information on how it ensures that the functions of verifying the legality of employment, assigned to labour inspectors, do not interfere with their main objective of protecting workers, in accordance with those Articles. It requests the Government to continue to provide information on the actions undertaken by labour inspectors in this area, including the outcomes of joint controls.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee previously requested the Government to provide information on circumstances under which labour inspectors may not be reappointed following expiration of term, and on measures to improve their conditions of service. The Committee notes the Government’s statement that, pursuant to the Law on Civil Servants and State Employees (Nos 2/18, 34/19 and 8/21), the Chief Inspector and inspectors are appointed for a term of five years, following which they are subject to re-examination of knowledge, competencies and abilities. The Government indicates in this regard that there have been no cases of labour inspectors failing and not being re-appointed to the same position, but that this does not make the employment of such officials stable. The Committee recalls that, as it has expressed in its 2006 General Survey, Labour inspection, paragraph 201, the status and conditions of service of labour inspection staff under Article 6 of Convention No. 81 and Article 8 of Convention No. 129 must assure the staff of stability of employment and independence from improper external influences. The Committee further recalls that, as expressed in its 2006 General Survey, Labour inspection, paragraph 203, public servant status for inspection staff is the status best suited to guaranteeing them the independence and stability necessary to the performance of their duties, and that, as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct. On measures to improve the conditions of service of labour inspectors, the Committee takes due note of the Government’s indication regarding a Governmental Decision last amended in 2021, providing for salary supplements to labour inspectors in the amount of up to 30 per cent of their basic salary. Accordingly, the Committee requests the Government to provide information on the independence, continuity and stability of service of labour inspectors in comparison to public servants exercising similar functions with other government services, such as tax inspectors and the police. The Committee also requests the Government to continue to provide information on measures taken or envisaged to ensure that conditions of service of labour inspectors are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 Convention Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee previously noted the Government’s information regarding joint controls carried out by labour inspectors and inspectors for foreign nationals, and the notification by the labour inspectorate to the Ministry of Interior and police administration of cases of foreign nationals working illegally, to enable those bodies to take measures within their scope of responsibilities. The Committee notes the Government’s statement in its report that labour inspectors provide migrant workers with the protection of labour rights to the same extent as Montenegrin citizens. The Government also refers to the existence of “constant cooperation” between the labour inspection and the Division for Foreigners, Visas and Combating Illegal Migration of the Police, as well as exchange of information and joint controls. The Committee notes that section 209 of the new Foreign Nationals Law adopted in 2018 prescribes for inspection supervision to be performed by labour inspectors and other competent inspection services, within their competences. It further notes that, according to the 2018 Annual Report of the Inspection Directorate, 1,370 migrant workers were found to be working illegally in 2018, and after measures were taken by the labour inspectors, 224 of these workers were subsequently employed in accordance with the Labour Law and the Law on Foreign Nationals. The Annual Report states that a large number of migrant workers found to be working without adequate documentation had their stay in Montenegro cancelled, following joint controls. The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this respect, it stated in its General Survey on labour inspection, 2006, paragraph 78, that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests the Government to take additional measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to provide for the protection of workers in accordance with Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee requests the Government to provide detailed information regarding the role and responsibilities of labour inspectors in the application of the Foreign Nationals Law 2018, including the time and resources of the labour inspectorate that are allocated to these responsibilities in practice. The Committee further requests the Government to provide information on instances where inspectors took specific action to provide migrant workers with protection of labour rights equal to those enjoyed by Montenegrin citizens.

Articles 4, 7 and 11 of Convention No. 81 and Articles 7, 9 and 15 of Convention No. 129. Impact of the reorganization of the labour inspection system. The Committee previously noted the establishment of the Administration for Inspection Affairs 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. The Committee previously requested information on the impact of the reorganization of the labour inspection system on the functioning of the labour inspectorate, including on resources allocated. In this respect, the Committee notes the Government’s indication that labour inspection operates as part of a department within the Inspection Directorate, which is an independent organ of the state administration, headed by a Director. The Government also indicates, however, that the coordinated inspection work of the Inspection Directorate is supervised by the Government through the Ministry of Economy. The Government further states that the funds from the budget of the Inspection Directorate are assigned to labour inspection for wages and other expenses. In addition, the Committee notes that 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, provides that the Law applies to all administrative areas, except where excluded by a separate law (section 2) and that some inspection matters may be regulated by separate regulations (section 12). In this respect, the Committee notes that the Law on Labour Inspection (Nos 79/08 and 40/11) also provides for specific powers and duties of labour inspectors. The Committee requests the Government to indicate the extent to which the Law on Inspection applies to the activities of the labour inspectorate, in particular where its provisions overlap and may conflict with those of the Law on Labour Inspection. In this respect, it requests the Government to clearly identify any provisions of the Law on Inspection from which labour inspection is excluded. The Committee further requests the Government to provide information on the manner in which the labour inspection system is linked to the Ministry of Labour and Social Welfare and to indicate if that Ministry plays a role in determining the priorities and needs of labour inspection. In addition, the Committee requests the Government to provide further detailed information on the allocation of adequate budgetary resources to enable the effective performance of labour inspection duties (Article 11 of Convention No. 81 and Article 15 of Convention No. 129) as well as information on the manner in which it is ensured that labour inspectors have the adequate qualifications and training for the effective performance of inspection duties (Article 7 of Convention No. 81 and Article 9 of Convention No. 129).

Articles 5(a) and 16 of Convention No. 81 and Articles 12(1) and 21 of Convention No. 129. Establishment of a register of industrial and commercial workplaces liable to labour inspection and planning of inspection visits. The Committee notes the Government’s response to its previous request for information on inter-institutional cooperation, stating that labour inspectors have been using an information system for their operations since 2015, in which all business entities from the Central Registry of Business Entities are registered and kept by the Tax Administration. According to the Government, cooperation between labour inspection and the Tax Administration is constant, although the inspectorate does not have immediate access to the information system of the Tax Administration. The Government further indicates that the labour inspectorate also obtains data from the Statistical Office of Montenegro, MONSTAT, covering employees in enterprises, institutions and organizations of all forms of ownership as well as migrants employed in the country. The Committee requests the Government to describe the arrangements in place through which labour inspectors are given access to pertinent data and statistics from the Tax Administration, MONSTAT, or any other institution with which it cooperates for the purpose of such data.

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. With respect to inspections following serious, collective and fatal injuries at work, the Committee observes from the 2018 Annual Report of the Inspection Directorate that the labour inspector submits documentation to the prosecutor’s office or judicial authorities. The Committee requests the Government to provide specific information on the annual number of such submissions to prosecutors and to judges; the number of instances in which prosecutorial or judicial action was initiated; and the results of such actions.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Government’s statement, in reply to the Committee’s previous request, that pursuant to the expiry of their seven-year term of appointment, in accordance with the Law on Civil Servants and State Employees, labour inspectors may be reappointed. The Committee notes the adoption of the Law on Salaries of Public Sector Employees (Nos 16/16, 83/16, 21/17, 42/17, 12/18 and 42/18), and the Government’s indication that, in general, increases in salary of labour inspectors are minor under the Law, with the exception of the position of Chief Inspectors. The Committee requests the Government to provide further information on the circumstances under which labour inspectors are not reappointed following the expiration of their term. It also requests the Government to continue to provide information regarding any measures taken to improve the conditions of service of labour inspectors.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of labour inspectors. With regard to its previous request on increasing the number of labour inspectors in order to secure the effective discharge of the duties of the inspectorate, the Committee notes with interest that, according to the 2018 Annual Report of the Inspection Directorate, the total number of labour inspectors has increased to 40 in 2018 (up from 33 in 2014), with 30 inspectors in the field of labour relations, including the Chief Inspector, and ten in the field of occupational safety and health (OSH). The Committee requests the Government to continue to provide information on the progress made in this regard.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Material means of the labour inspection services. The Committee previously requested the Government to pursue its efforts to ensure that labour inspectors are provided with the transport facilities necessary for the performance of their duties and to provide information on measures taken to ensure that labour inspectors are reimbursed for their relevant travel costs, including fuel. In this respect, the Committee welcomes the adoption of the Regulation on the Reimbursement of Public Sector Employees (No. 40/16), pursuant to which inspectors are entitled to a daily allowance and to reimbursements for accommodation expenses and travel expenses for trips within the country or abroad, to the extent that they can be considered official trips. The Committee also notes the Government’s indication that the labour inspectorate is provided with increased fuel amounts during special inspections and enhanced inspections during the tourist season.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection services. In response to the Committee’s previous request for information on how the labour inspection is informed of cases of industrial accidents and occupational diseases, the Government refers to section 51 of the Law on Safety and Health at Work (Nos 34/14, 44/18), which requires the employer to notify to the labour inspectorate immediately, and at the latest within 24 hours, of any death, collective, serious and other work injury which causes the worker to be absent from work for more than three working days, as well as dangerous phenomena that could endanger the protection and health of workers. The Committee notes that the Government also refers to section 52 of the same Law, which states that various health institutions, including the Health Insurance Fund, are required to provide data on occupational injuries and occupational diseases on a monthly basis to the state authority in charge of labour. Noting that labour inspection is no longer under the authority of the Ministry of Labour and Social Welfare, the Committee requests the Government to indicate the manner in which the labour inspectorate is provided with the information from health institutions under section 52 of the Law on Safety and Health at Work.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee observes that the 2018 Annual Report of the Inspection Directorate does not contain statistics of the subjects listed under Article 21(c), (f) and (g) of Convention No. 81 and Article 27(c), (f) and (g) of Convention No. 129, on the number of workplaces liable to inspection and the number of workers employed therein, on statistics of occupational accidents, and on statistics of occupational diseases. The Annual Report also does not contain statistics specific to agriculture on the violations and penalties imposed (Article 27(e) of Convention No. 129). The Committee requests the Government to take the necessary measures to ensure that future annual reports of the Inspection Directorate contain the necessary information on the subjects listed under Article 21(c), (f) and (g) of Convention No. 81 and Articles 27(c), (e), (f) and (g) 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. With regard to its previous request on adequate training for labour inspectors to perform their duties in the agricultural sector, the Committee notes the Government’s statement that the labour inspectorate did not have trainings related to agriculture. In this respect, the Committee notes the Government’s indication that there are 200 agricultural enterprises registered in Montenegro, according to the data of the Ministry of Agriculture and Rural Development. According to the 2018 Annual Report of the Inspection Directorate, 28 inspections (0.25 per cent) were conducted in 2018 in the sector for agriculture, forestry and fishing. The Committee requests the Government to take the necessary measures to provide adequate training for labour inspectors for the performance of their duties in the agricultural sector, and to provide information on the measures taken or envisaged. It further requests the Government to provide information on the measures taken to ensure that inspections take place in the agricultural sector as often and as thoroughly as is necessary to ensure the effective application of the relevant legislation.

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

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes from the 2010 annual report on the work of the labour inspection services that several measures have been taken with a view to combating illegal employment. Inspection visits have been targeted to sectors with a high percentage of illegal employment, a telephone line has been introduced for anonymous complaints on the occurrence of illegal employment, a body has been established for coordination between the labour inspectorate and other inspection services.

The Committee further notes from the abovementioned report that inspection visits have also been aimed at the control of the legality of employment of foreigners and that in conformity with article 40(1) of the Act on Employment and Work of Foreigners, labour inspectors are empowered, amongst others, to sanction foreign workers with fines ranging from one half to 20 times the minimum wage when they are employed without a residence or work permit. The Committee also understands from the annual labour inspection report that labour inspectors apparently can issue work permits and order the regularization of employment of foreigners pursuant to an inspection.

The Committee recalls that as indicated in paragraphs 76–78 of its 2006 General Survey on Labour Inspection with regard to the increasing tendency to link inspections of clandestine work and irregular migration, the primary duty of labour inspectors is to protect workers and not to enforce immigration law. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. Moreover, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection. As a general rule, only the employer should be held accountable for illegal employment with the workers involved in principle being seen as victims. The Committee has therefore welcomed the initiative of certain governments to relieve the inspectorate of the task of policing illegal employment and transfer it to another body.

The Committee therefore requests the Government to provide more details on the nature of the functions currently assigned to the labour inspectorate with regard to the employment of foreign workers, and to indicate the legislative and other measures taken or envisaged so as to ensure that the functions of enforcing immigration law are dissociated from those of controlling the observance of workers’ rights. Please also specify the nature of the cooperation between the labour inspectorate and the police referred to in the annual report for 2010 of the work of the labour inspection services.

The Committee also requests the Government to specify the proportion of the activities carried out by the labour inspectorate in the area of combating illegal employment and their impact on the enforcement of legal provisions relating to conditions of work and the protection of workers (nature of violations found, legal proceedings instituted, as well as the remedies applied and sanctions imposed).

The Committee finally asks the Government to indicate the manner in which the labour inspection ensures the enforcement of employers’ obligations with regard to the statutory rights of undocumented foreign workers for the period of their effective employment relationship.

Article 4 of the Convention. Reorganization of the labour inspection system. The Committee notes that the labour inspectorate, which was formerly structured as two different inspectorates (namely the Labour Relations Inspection and the Occupational Safety and Health (OSH) Inspection), is now organized as an integrated system at all levels, and placed under the supervision and control of the central labour inspectorate within the Division of Labour of the new Ministry of Labour and Social Welfare (MLSW). The Committee requests the Government to provide a copy of any legislative text on the organization and functioning of the reorganized labour inspection system and on the powers and functions of labour inspectors within the system, as well as an organizational chart.

Articles 5(a), 10, 20 and 21 of the Convention. Establishment of a register of industrial and commercial workplaces liable to labour inspection and the number of workers employed therein. Annual report on the work of the labour inspection services. The Committee notes that the Government refers to cooperation between labour inspectors and the tax services, which maintain registers of all workers for the purpose of mandatory social security insurance, in conformity with national law. The Committee also notes that the 2010 annual labour inspection report, attached to the Government’s report and published on the Government website, contains some information on the work of the labour inspectorate, but does not yet contain sufficient information for the assessment of the functioning of the labour inspection system in practice. The Committee would like to draw the Government’s attention to its 2009 general observation, where it emphasized the essential character of the availability of a register of workplaces and enterprises liable to inspection, and the value of inter-institutional cooperation for this purpose, amongst others with a view to provide the central labour inspection authorities with the data essential for the preparation of the annual labour inspection report.

Recalling that the 2009 labour inspection audit recommended the implementation of a simple and accessible (computerized) national level register of enterprises, the Committee once again asks the Government to keep it informed on the progress made in this regard as well as on the impact of inter-institutional cooperation for this purpose.

The Committee once again asks the Government to make every effort to enable the central inspection authority to publish and communicate to the ILO a report on the work of the labour inspection services under its control, containing information on each of the subjects covered by Article 21 (a)–(g) of the Convention. In this regard, it refers the Government to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the ideal level of detail for the information which should be included in the annual inspection report.

The Committee notes that the Government’s report does not reply to its previous comments in relation to the follow-up to the labour inspection audit carried out by the ILO in 2009. It hopes that the next report will include full information on all the matters raised in its previous direct request, which read as follows:

Article 5(a) of the Convention. Collaboration with other authorities. The Committee notes that according to the information provided by the Government and in the Labour Inspection audit report, collaboration and relationships between the two departments (Labour Relations Inspection and OSH Inspection) as well as with other institutions and authorities are good, but informal. Thus, the audit report recommended a more targeted institutional and formal approach, i.e. through institutional agreements among the different authorities.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that labour inspectors at the Ministry of Health, Labour and Social Welfare (MHLSW) are civil servants who are re-elected every four years once they pass an evaluation of their skills. The Committee would like to underline the point expressed in the Labour Inspection audit report that such a re-election system is not compatible with the idea of stability of employment. In this regard, the Committee would like to refer the Government to its General Survey of 2006 under paragraph 201, where it pointed out that the public servant’s status was best suited to guarantee the independence and impartiality of labour inspectors which is necessary for the performance of their duties. As regards poor motivation due to low salaries and limited career prospects, the Labour Inspection audit recommends the redesigning of personnel policies to ensure that inspectors have incentives to promotion and to ensure that qualified and motivated staff in the inspection services is retained.

Article 7. Initial and further training of labour inspectors. The Committee notes from the Labour Inspection audit report that training of labour inspectors merely consists in the mentoring of newly recruited labour inspectors. It therefore recommends the establishment of a general and national training plan for inspectors, which ensures sustainability of initial as well as further training (including refresher, on-the-job (in-service) or specialist trainings, that is on the recent adoption of a number of important new labour and OSH legislations).

Article 10. Number of labour inspectors. The Committee notes that there is currently a total number of 36 labour inspectors (25 inspectors charged with the control of general labour conditions and 11 inspectors charged with the control of safety at work). In this regard, the Labour Inspection audit report recommends that a budget is provided to cover current vacancies (which are a result of inspectors having quit their jobs) and increase the number of inspectors in order to put inspectors in a position to effectively discharge the various tasks imposed on them.

Article 11. Working conditions of labour inspectors. The Committee notes that working conditions of labour inspectors are not appropriate: bad conditions of offices and office facilities (lack of computers, fax equipment, no Internet access, no technical measuring tools or personal protection equipment, lack of operational vehicles). It notes that labour inspectors usually use their own cars for inspection visits, get a monthly lump sum of €70 reimbursement for petrol, while the use of public transport does not seem to be reimbursed. Therefore, the Labour Inspection audit report recommends that labour inspectors are provided with at least minimum logistical and technical support.

Article 16. Planning of inspection visits. According to the Labour Inspection audit report, internal procedures should be improved and inspection forms and procedures prepared with a view to facilitating information exchange and enhancing the value of inspection visits. Also, checklists should be drawn up for use during inspections. In addition, before inspections take place, inspectors should prepare the visits by checking files, records, location of the establishment, contact person, number of workers, previous violations, employers’ general attitude, work accidents, complaint letters, trade union presence and more. To facilitate the monitoring of non-compliance by sector and by locality, it is useful to establish a file and registry system.

Article 14. Register of cases of occupational disease. Further, it recommends the development of a national-level register on occupational accidents and cases of work-related disease on a sex disaggregated basis (maintaining personal confidentiality), to allow a better analysis of trends, as well as planning visits and organizing campaigns for prevention purposes.

Articles 17 and 18. Sanctions and administrative procedures. The Committee notes from the Labour Inspection audit report, that sanctions and enforcement in minor cases, at least as regards general conditions of work, are promptly applied and enforced (power of inspectors controlling general labour conditions to impose on-the-spot fines and rapid enforcement of these sanctions by the First Instance Offences Office at the MHLSW). However, the Labour Inspection audit suggests revising, streamlining and homogenizing of the current administrative sanctioning procedures, with the graduation of infractions according to different criteria to allow a better application of the sanctioning system. It equally recommends that OSH inspectors should have the same sanctioning procedures and powers as labour relations inspectors.

The Committee requests the Government to keep the ILO informed of all progress made as regards the abovementioned recommendations by the Labour Inspection audit and to communicate copies of any relevant legal provisions. It reminds the Government, as outlined in the Labour Inspection audit, that it may request further technical assistance of the ILO for the accomplishment of the abovementioned recommended measures in the Labour Inspection audit report, where appropriate.

Article 3, paragraph 1(b). Technical advice and information to employers and workers. The Committee notes the Government’s conclusion in its report that the detected violation of labour conditions through inspections is partly due to the lack of information by employees and employers and that inspectors are mainly entrusted with supervisory tasks. The Committee asks the Government to indicate the measures taken or envisaged to reinforce the educational functions of the labour inspectors provided for in this provision of the Convention vis-à-vis workers and employers.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5(b) of the Convention. Collaboration between labour inspectors and employers and workers. The Committee notes the Government’s reply to the comments previously made by the Union of Free Trade Unions of Montenegro (USSCG) in a communication dated 2 September 2009 concerning the lack of collaboration between the labour inspection and trade unions. The Government refers to the obligation of professional secrecy of labour inspectors under Article 15(b) of the Convention, as the reason for the non-association of trade union representatives in inspection visits and indicates that the labour inspectorate responds to all calls by trade unions to participate in round tables, if the workload and the limited number of labour inspectors allow for such participation.

The Committee recalls that, according to Article 5(b) of the Convention, appropriate arrangements should be made to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee refers in this regard to the guidance provided in Paragraphs 5–7 of the Labour Inspection Recommendation, 1947 (No. 81) with regard to various arrangements, including direct collaboration between representatives of workers and management and officials of the labour inspectorate, in the course of investigations and, in particular, inquiries into industrial accidents or occupational diseases (Paragraph 5) as well as the organization of conferences or joint committees or similar bodies, in which representatives of the labour inspectorate discuss with organizations of employers and workers questions concerning the enforcement of labour legislation and the health and safety of the workers (Paragraph 6). The Committee would be grateful if the Government would provide information on any measures taken or envisaged to promote such collaboration between the labour inspection services and the social partners, including through the tripartite Social Council (subcommittee on occupational safety and health and labour inspection), as well as awareness-raising campaigns on the role of the labour inspectorate and the development of leaflets and other media tools, as recommended in the 2009 labour inspection audit carried out by the ILO.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Referring also to its observation, the Committee draws the Government’s attention to the following points.

Article 4 of the Convention. Structure of labour inspection. The Committee notes that the labour inspection is located in the Department of Labour and OSH Inspection, with two different inspections at the same level, the so-called Labour Relations Inspection (directed by the Labour Relations Inspector Chief) and the OSH Inspection (directed by the OSH Inspector Chief). The OSH Inspection covers the field of occupational safety and health in all sectors, including state and local administration, except the mining industry. Inspections of prison work and self-employed are included in the scope of coverage of both Inspections.

The Committee notes that the Labour Inspection audit report recommends to place the labour inspectorate under the direct and exclusive control of a central state authority in order to facilitate the establishment of formal plans for a better integrated labour inspection system at all levels throughout the country and make it possible to use short resources in a more rational way.

Article 5(a). Collaboration with other authorities. The Committee notes that according to the information provided by the Government and in the Labour Inspection audit report, collaboration and relationships between the two departments (Labour Relations Inspection and OSH Inspection) as well as with other institutions and authorities are good, but informal. Thus, the audit report recommended a more targeted institutional and formal approach, i.e. through institutional agreements among the different authorities.

Article 5(b). Collaboration with the social partners. The Committee draws the Government’s attention to the fact that the Labour Inspection audit recommends awareness-raising campaigns on the role of the labour inspectorate among the social partners and the development of leaflets and other media tools. It suggests that the institutional consideration of the subject of labour inspection at the tripartite Social Council (in the subcommittee on OSH and labour inspection) which has been set up recently could be an option to promote the involvement of the social partners in the role and general activities plan of labour inspection.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that labour inspectors at the Ministry of Health, Labour and Social Welfare (MHLSW) are civil servants who are re-elected every four years once they pass an evaluation of their skills. The Committee would like to underline the point expressed in the Labour Inspection audit report that such a re-election system is not compatible with the idea of stability of employment. In this regard, the Committee would like to refer the Government to its General Survey of 2006 under paragraph 201, where it pointed out that the public servant’s status was best suited to guarantee the independence and impartiality of labour inspectors which is necessary for the performance of their duties. As regards poor motivation due to low salaries and limited career prospects, the Labour Inspection audit recommends the redesigning of personnel policies to ensure that inspectors have incentives to promotion and to ensure that qualified and motivated staff in the inspection services is retained.

Article 7. Initial and further training of labour inspectors. The Committee notes from the Labour Inspection audit report that training of labour inspectors merely consists in the mentoring of newly recruited labour inspectors. It therefore recommends the establishment of a general and national training plan for inspectors, which ensures sustainability of initial as well as further training (including refresher, on-the-job (in-service) or specialist trainings, that is on the recent adoption of a number of important new labour and OSH legislations).

Article 10. Number of labour inspectors. The Committee notes that there is currently a total number of 36 labour inspectors (25 inspectors charged with the control of general labour conditions and 11 inspectors charged with the control of safety at work). In this regard, the Labour Inspection audit report recommends that a budget is provided to cover current vacancies (which are a result of inspectors having quit their jobs) and increase the number of inspectors in order to put inspectors in a position to effectively discharge the various tasks imposed on them.

Article 11. Working conditions of labour inspectors. The Committee notes that working conditions of labour inspectors are not appropriate: bad conditions of offices and office facilities (lack of computers, fax equipment, no Internet access, no technical measuring tools or personal protection equipment, lack of operational vehicles). It notes that labour inspectors usually use their own cars for inspection visits, get a monthly lump sum of €70 reimbursement for petrol, while the use of public transport does not seem to be reimbursed. Therefore, the Labour Inspection audit report recommends that labour inspectors are provided with at least minimum logistical and technical support.

Article 16. Planning of inspection visits. According to the Labour Inspection audit report, internal procedures should be improved and inspection forms and procedures prepared with a view to facilitating information exchange and enhancing the value of inspection visits. Also, checklists should be drawn up for use during inspections. In addition, before inspections take place, inspectors should prepare the visits by checking files, records, location of the establishment, contact person, number of workers, previous violations, employers’ general attitude, work accidents, complaint letters, trade union presence and more. To facilitate the monitoring of non-compliance by sector and by locality, it is useful to establish a file and registry system.

According to the audit, there is a need for an up to date register of establishments at national level at the labour inspectorate as a useful tool for planning, preparing and for following-up inspections.

Register of enterprises. The Labour Inspection audit report therefore recommends the implementation of a simple and accessible (computerized) national level register of enterprises at the MHLSW. It points out that such a register could also help to develop a better general data and statistics at labour inspection level and for annual report purposes. It suggests that forms and registration and IT support at the national level should be put in place.

Register of cases of occupational disease. Further, it recommends the development of a national-level register on occupational accidents and cases of work-related disease on a sex disaggregated basis (maintaining personal confidentiality), to allow a better analysis of trends, as well as planning visits and organizing campaigns for prevention purposes.

Articles 17 and 18. Sanctions and administrative procedures. The Committee notes from the Labour Inspection audit report, that sanctions and enforcement in minor cases, at least as regards general conditions of work, are promptly applied and enforced (power of inspectors controlling general labour conditions to impose on-the-spot fines and rapid enforcement of these sanctions by the First Instance Offences Office at the MHLSW). However, the Labour Inspection audit suggests revising, streamlining and homogenizing of the current administrative sanctioning procedures, with the graduation of infractions according to different criteria to allow a better application of the sanctioning system. It equally recommends that OSH inspectors should have the same sanctioning procedures and powers as labour relations inspectors.

The Committee requests the Government to keep the ILO informed of all progress made as regards the abovementioned recommendations by the Labour Inspection audit and to communicate copies of any relevant legal provisions. It reminds the Government, as outlined in the Labour Inspection audit, that it may request further technical assistance of the ILO for the accomplishment of the abovementioned recommended measures in the Labour Inspection audit report, where appropriate.

Article 3, paragraph 1(b). Technical advice and information to employers and workers. The Committee notes the Government’s conclusion in its report that the detected violation of labour conditions through inspections is partly due to the lack of information by employees and employers and that inspectors are mainly entrusted with supervisory tasks. The Committee asks the Government to indicate the measures taken or envisaged to reinforce the educational functions of the labour inspectors provided for in this provision of the Convention vis-à-vis workers and employers.

Articles 20 and 21. Annual inspection report. The Committee notes that no annual inspection report of the kind provided for by the Convention has been received by the Office. The Committee requests the Government to take the necessary steps to enable the central inspection authority to publish and communicate to the International Labour Office a report on the work of the inspection services under its control.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the Government’s first report and the Montenegrin labour inspection audit report which was carried out by the ILO in May–June 2009 in the context of a technical cooperation project on Enhancing Labour Inspection Effectiveness, funded by the Government of Norway.

The Committee also notes that the Union of Free Trade Unions of Montenegro (USSCG) formulated comments on the application of the Convention dated 2 September 2009, which were transmitted to the ILO by the Government on 9 September 2009.

The Committee would be grateful if the Government would provide the ILO with any comment it deems relevant on the points raised by the USSCG.

The Committee is raising other points in a request addressed directly to the Government.