All Comments

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.

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.

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.

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.

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.

The Committee also refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

Articles 9 and 21 of the Convention. Special training of labour inspectors in agriculture and inspection visits. The Committee notes that the Government has stated that there are no labour inspectors specializing only in agriculture, and that no training of inspectors was conducted for the acquisition of specific technical knowledge for the performance of inspections in this sector. The Committee notes the information in the chapter on labour inspection in the Annual Report of the Administration for Inspection Affairs of 2013, submitted with the Government’s report, in particular that 13,717 labour inspections took place in 2013, out of which only 13 were conducted in agriculture and fisheries, and 16 in forestry. These inspections concerned only labour relations and employment. Although a total of 3,264 inspections were carried out related to safety at work, none of these took place in the agriculture or forestry sectors. The Committee notes that, according to the Eastern Europe and Central Asia Agro-Industry Development Country Brief on Montenegro published by the Food and Agriculture Organization of the United Nations, the agriculture sector employs approximately 6.5 per cent of the total labour force of Montenegro. With reference to Article 21 of the Convention, the Committee requests that the Government take measures 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. The Committee also requests that the Government 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 impact of the measures taken.

Articles 26 and 27. Annual inspection report. The Committee observes that, while the abovementioned report identifies the number of inspections carried out in the agricultural sector, it does not contain information on a number of subjects required under Article 27. Therefore, the Committee requests that the Government take the necessary measures to ensure that future reports contain additional information on the activities of the labour inspection services in agriculture, including statistics on: agricultural undertakings liable to inspection and the number of persons working therein (Article 27(c)); the violations detected and penalties imposed (Article 27(e)); and occupational accidents (Article 27(f)) and occupational diseases (Article 27(g)).

Article 9 of the Convention. Special training of labour inspectors in agriculture. The Committee notes the Government’s indication that there are no labour inspectors specializing only in agriculture. It also notes the Government’s reference to the continuous training of labour inspectors conducted by the Human Resources Department, aimed at raising their professional competences, as well as language skills and computer literacy, although the Government does not supply further details on specific training in order to enable labour inspectors to acquire the required technical knowledge to adequately perform their duties in the agricultural sector (for example the activities involving the use of pesticides and other chemicals). In this regard, the Committee would like to draw the Government’s attention to Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) on the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector. The Committee once again asks the Government to provide information on any special training provided for labour inspectors to enable them to discharge their functions effectively in agricultural undertakings.

Article 15, (1)(b) and (2). Transport facilities and reimbursement of travel expenses. The Committee notes the Government’s indication that almost all labour inspectors are provided with official cars, which are financed partly from the state budget and partly from the Instrument of Pre-Accession Assistance funds granted by the EU. However, it also notes that the Government does not provide information with regard to the other questions raised under this Article. Referring also to its question under Article 11 of the Labour Inspection Convention, 1947 (No. 81), the Committee once again asks the Government to take measures for the provision to labour inspectors of adequate material means for the effective discharge of their functions in agriculture, and particularly provide information on the reimbursement of travel costs (petrol and public transport) and the supply of technical measurement instruments and personal protective equipment for inspections.

Articles 26 and 27. Annual inspection report. The Committee would like to draw the Government’s attention to its comment under Articles 20 and 21 of Convention No. 81, and once again requests it to ensure that information on each of the subjects listed in Article 27 of this Convention is included in a separate report or in its general annual report and is published and regularly communicated to the ILO.

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Montenegro (Ratification: 2006)

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

Issues specifically concerning labour inspection in agriculture

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

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

Issues specifically concerning labour inspection in agriculture

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

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

Issues specifically concerning labour inspection in agriculture

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

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

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