Employment Service Convention, 1948 (No. 88) - Montenegro (Ratification: 2006)

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

Article 1 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the information provided by the Government with respect to the new Law on Mediation in Employment and Rights arising from Unemployment (published in the Official Gazette of Montenegro, No. 24/19), which entered into force on 30 April 2019. The Law regulates the establishment and functioning of employment agencies. Article 13 of the Law sets out the services provided by the Employment Agency of Montenegro, which include preparing persons for employment, job placement, implementation of active employment policy measures, and other activities aimed at promoting and increasing employment. The Employment Agency performs additional employment-related tasks, which include monitoring and assessing the labour market. The Government indicates that active employment policy measures are prescribed in section 38 of the 2019 Law, which include: education, and training of adults; incentives to promote employment and entrepreneurship, as well as direct job creation. The Employment Agency may also implement other active employment policy measures, depending on the needs of the labour market and the target groups identified in its Action Plan and Programme of Work. In this regard, the Government indicates that adult education and training programmes for unemployed persons with identified educational barriers to employment are being implemented to increase the employability and recruitment of these persons, as well as public work programmes, with a focus on hard-to-employ persons. The Committee also notes the detailed statistics provided by the Government regarding employment and unemployment during the reporting period. It notes that, as of December 2018, 29,366 vacancies were notified to the Employment Agency, 6.22 per cent less than the 31,315 vacancies notified in 2017. In particular, the Committee notes that in 2018, 1,295 unemployed persons enrolled in adult education and training programmes and 1,345 hard-to-employ persons were employed in public work programmes for a limited period. The Committee requests the Government to continue to provide up-to-date, detailed information, including disaggregated statistical data on the nature and impact of the activities of the Employment Agency, especially in relation to hard-to-employ unemployed persons. The Committee further requests the Government to continue to provide information on the manner and extent to which the measures implemented have enabled the beneficiaries to obtain full, productive and sustainable employment. The Government is also requested to provide information on the impact of the COVID-19 pandemic on the implementation of the principles of the Convention.

Articles 4 and 5. Cooperation with the social partners. The Committee notes the information provided by the Government on the activities undertaken by the employment agency, in cooperation with the social partners. The Committee invites the Government to continue to provide updated information on the arrangements made to ensure cooperation of the social partners in the organization and operation of the employment service and the development of employment service policy, as envisaged under the Convention.

Article 11. Cooperation between the public employment service and private employment agencies. In response to the Committee’s previous comments, the Government indicates that, in 2018, the Employment Agency, in cooperation with private employment agencies, implemented a pilot programme, “Empower me and I will succeed”, to support hard-to-employ persons. The Committee notes the detailed information provided by the Government on various training programmes and the number of beneficiaries throughout different phases of the programme. In this regard, the Government indicates that, during the first part of the programme, 925 participants received support to improve their self-confidence, increase their motivation for employment, help define their professional goals and increase their work-related and social skills. Programme staff identified obstacles to employment for 476 participants and made proposals to help them overcome these. Throughout the second part of the programme, these participants were provided with immediate assistance in finding employment, by enhancing the specific skills required to seek job and engage in the labour market. The Committee notes that, with the support of the Programme staff, 39 people were employed, five of them with financial support from the Agency. The Committee invites the Government to continue to provide updated information on activities undertaken to secure effective cooperation between the Employment Agency and private employment agencies. In this context, the Committee invites the Government to consider the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the Government’s report which includes information on the employment and vocational training programmes organized by the Employment Agency of Montenegro. In reply to the 2011 direct request, the Government indicates that annual reports on the situation and trends in the labour market contain information supplied by all relevant institutions, especially the Employment Agency and the Statistical Office of Montenegro. The records of the Employment Agency on 31 December 2013 included 34,514 unemployed persons (16,855 women). In 2013, 37,869 vacancies were reported to the Employment Agency, compared to 45,323 vacancies reported in the previous year. The number of persons employed through the Employment Agency accounted for 14,646 persons in 2013, a decrease when compared to 2012 when 20,909 persons were employed. The Government further indicates that, according to the Employment Agency records, 535 persons benefited from programmes of adult education and training in 2013. Moreover, the Employment Agency has, in cooperation with local authorities, organized the implementation of public works, which engaged 1,013 unemployed persons (an increase of 470 persons when compared to 2012). The Committee requests the Government to provide information, including updated statistics, on the impact of the measures implemented by the Employment Agency and on the manner in which it ensures “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2)).

Articles 4 and 5. Cooperation with the social partners. The Government indicates that the Employment Agency is managed by its Board of Directors. The Board is appointed by the Government and is composed of five members, namely its president and one member nominated by the state authority responsible for labour and employment, one member of the representative trade union organization, one member of the representative organization of employers, and one member chosen from the employees of the Employment Agency. The Government further indicates that, within the Social Council of Montenegro, a special section for the labour market and employment has been established that is composed of government representatives and representatives of employers’ and workers’ organizations, and deals with labour market policy and gives recommendations to the Social Council. The Committee requests the Government to continue to provide information on the activities of the Employment Agency, in cooperation with the social partners.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that, in addition to the statutory obligation of employment agencies to submit semi-annual reports to the Employment Agency of Montenegro, activities involving the exchange of necessary information from the database of the unemployed have also started with a view to increase the employment of local labour. The Committee requests the Government to continue to provide information, including practical examples, on the measures taken to secure effective cooperation between the public employment service and private employment agencies.

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

Contribution of the employment service to employment promotion. The Committee notes the Government’s first report on the application of the Convention received in October 2009. It notes that the National Employment Agency of Montenegro (Employment Agency) is the public authority in charge of providing free employment services. The Government indicates that, in the first half of 2009, 18,456 persons were registered at the Employment Agency. In the same period of reference, the Employment Agency advertised 31,223 vacancies and 10,364 persons found employment. Referring to its comments on the Employment Policy Convention, 1964 (No. 122), the Committee invites the Government to provide in its next report further information, including statistics, on the results of the measures implemented by the Employment Agency in the framework of the national programme for the achievement and maintenance of full employment and the development and use of productive resources (Article 1(2) of the Convention). Please also indicate the measures taken to ensure coordination between the Employment Agency and the Statistical Office with regards to information on the labour market situation and its probable evolution, as well as measures taken to ensure that this information is made available systematically and promptly to the public authorities and social partners (Article 6(c)).

Articles 4 and 5 Cooperation with the social partners. The Government indicates that, according to section 77 of the Employment Act, two of the nine members of the Employment Agency Governing Body shall be appointed by workers’ organizations and two by employers’ organizations. The Union of Free Trade Unions of Montenegro stated in its comment received in September 2009 that it is not represented within the Employment Agency Governing Body and thus cannot contribute to measures destined to alleviate unemployment. The Committee requests the Government to provide information on the arrangements made through advisory committees for the cooperation of employer and worker representatives in the organization, operation of the public employment service and in the development of its policy. Please also state how representatives of employers and workers have been appointed to the Employment Agency Governing Body.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that, according to sections 7 and 13 of the Employment Act, certain functions of the Employment Agency may be performed by other legal entities which are trained to carry out such tasks (private employment agencies) as long as their efficiency is ensured. In this regard, nine registered free private employment agencies carry out intermediation services. The Committee requests the Government to provide information, including practical examples, on the measures taken to secure effective cooperation between the public employment service and private employment agencies.