Texts of pending comments

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 119 (guarding of machinery), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction) and 187 (promotional framework for OSH) together.

Application of OSH Conventions in practice. The Committee notes the information provided by the Government in its reports, including statistics regarding the number of inspections carried out and their outcomes. The Government indicates that, in the period 2016–19, labour inspectors carried out 10,831 inspections, detecting 11,618 irregularities in total, and that 1,065 injuries at work in total were reported in 2019, down from 1,199 in 2018. The Committee welcomes the Government’s indication that in the period 2008–17, the number of occupational injuries decreased by 51.8 per cent. The Committee notes, however, that, according to available data from the Government, only 14 per cent of acts on risk assessments at the level of the undertaking are adopted. The Committee also observes that, according to the Government, failure by the employer to keep OSH records, to procure and ensure the use of personal protective equipment, to undertake the necessary measures and designate employees for emergencies, as well as the lack of risk assessment acts for all jobs, figure amongst the most common OSH violations identified. With regard to the construction sector, the Committee also notes that the Government refers to the funding of a number of projects on OSH. The Government states that, while construction was the sector recording the highest number of occupational injuries in 2017 (39 per cent), this represented a decrease compared to 2008, when it recorded 82 per cent of all occupational injuries. The Committee requests the Government to continue to provide information on the application of the ratified OSH Conventions in practice, including on the number of occupational accidents and diseases reported, and the number and nature of violations detected by labour inspectors. The Committee also requests the Government to provide further information on the measures taken or envisaged with a view to reducing the number of OSH violations, occupational accidents and occupational diseases in the country, as well as on the impact of such measures.

A. General provisions

1. OSH and its promotional framework (Conventions Nos 155 and 187)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 4 (national policy), 7 (review of OSH situation), 11(b) (functions of authorities regarding substances subject to authorization and control) and 19(e) (enquiry and consultation on OSH at the undertaking level) of Convention No. 155. It also takes note of the information provided by the Government in reply to its previous requests concerning Articles 2(3) (consideration of measures to ratify OSH Conventions), 4(3)(e) (research on OSH) and 4(3)(h) (micro-enterprises, small and medium-sized enterprises and informal economy) of Convention No. 187.

National system

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Procedures for collection and analysis of data. Production of annual statistics and annual publication of information on occupational accidents and diseases. Following its previous comments on measures taken to give effect to Article 11(e) of Convention No. 155, the Committee notes the Government’s indication that the Department for Safety and Health at Work submits reports on published laws and regulations, statistics on injuries at work, and participation in promotional and other activities. The Committee also notes that, under sections 50 and 51 of the Law on Safety and Health at Work (Nos 34/14, 44/18), employers are required to keep records, including on injuries at work and occupational diseases, and to make an annual OSH report. Furthermore, the Committee previously noted the cooperation duties regarding the sharing of information on occupational injuries and diseases between the state authority on labour and health institutions, as envisaged under section 52 of the same Law. However, in this respect, the Government indicates that there is no institution in charge of verifying occupational diseases in the country, and therefore no relevant information on reported occupational diseases. The Committee thus requests the Government to take measures to enable the collection and analysis of data on occupational diseases, and to ensure the production and publication of annual statistics on both occupational accidents and diseases, to give full effect to Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. The Committee requests the Government to provide further information on measures taken in this regard.

National Programme

Article 5 of Convention No. 187. National OSH Programme. The Committee previously noted the Strategy on Safety and Health at Work 2016–20 and its action plan, and requested for information on its implementation and on the participation of social partners in its formulation. In this regard, the Committee notes the Government’s indication that representatives from all relevant institutions, including social partners, were involved in the drafting of the Strategy on Safety and Health at Work 2016–20. The Government further indicates that the level of implementation of the strategy’s action plan reached over 95 per cent. The Committee notes the Government’s statement that it is currently working on a new Strategy for the Improvement of Health and Safety at Work, which will be harmonized with the European Strategy for the Improvement of Health and Safety at Work 2021–27. The Committee requests the Government to provide further information on how the review of the Strategy on Safety and Health at Work 2016–20 will be taken into account in the adoption of the new Strategy for the Improvement of Health and Safety at Work, and to provide a copy of this new strategy, once adopted. In addition, the Committee requests the Government to provide information on the implementation of this new strategy, and on the manner in which the Government ensures that the strategy will be widely publicized, in accordance with Article 5(3) of the Convention.

2. Occupational Health Services Convention, 1985 (No. 161)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 1 (meaning of occupational health services), 5 (functions of occupational health services) and 12 (health surveillance during working hours) of the Convention.

Article 3(1) of the Convention. Progressive development of occupational health services for all workers. The Committee notes that, pursuant to section 38 of the Law on Safety and Health at Work, employers are required to engage professional OSH services or professional persons, depending on the organization, the nature and the scope of work processes, the number of employees who participate in such work, the number of shifts and other factors. Regarding its previous request for information on the number of employers who have engaged such professional services, the Committee notes the Government’s indication that there is no exact data in this respect. However, the Government states that there are currently 28 authorized institutions for health care of employees in Montenegro, according to the data of the Ministry of Health. The Committee requests the Government to provide further information on the measures taken or envisaged to develop progressively occupational health services for all workers, in practice.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. The Committee previously requested for information on the participation in practice of employees, when implementing measures relating to occupational health services. In this regard, the Committee notes that the Government refers to section 24 of the Law on Safety and Health at Work, regarding cooperation and consultation between the employer, and employees and their representatives or trade unions. The Government indicates that cooperation and consultations take place with authorized health institutions. The Committee requests the Government to provide further information on the manner in which, in practice, employers together with workers and their representatives cooperate and participate in the implementation of the organisational and other measures relating to occupational health services.

Article 15. Requirement to inform occupational health services of occurrences of illness and absence from work for health reasons. Following its previous comments on this matter, the Committee notes the Government’s indication that regulations have yet to be adopted concerning the requirement that occupational health services shall be informed of occurrences of ill health amongst workers and absence from work for health reasons. The Committee notes that, pursuant to section 39 of the Law on Safety and Health at Work, employers are required to give professional persons and services access to all information relevant to OSH. The Committee requests the Government to provide further information on measures taken to give effect to Article 15 of the Convention, including information on the adoption of the abovementioned regulations.

B. Protection against specific risks

1. White Lead (Painting) Convention, 1921 (No. 13)

Articles 1, 2, 5, 6 and 7 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. The Committee previously noted with interest that Montenegro has a prohibition on the use of substances or mixtures containing lead carbonate and lead sulphate when intended for use in paints, except for use in restoration and maintenance of works of art or historic buildings and their interiors. It requested for information on any regulations adopted concerning the use of white lead paint for works of art, historic buildings and their interiors. The Committee notes the indication of the Government that there are no relevant provisions in this regard. The Committee recalls that Article 2(2) of the Convention requires the use of white lead, sulphate of lead, and all products containing these pigments for the purpose of artistic painting and fine lining, to be regulated, in conformity with Articles 5, 6 and 7. The Committee requests the Government to indicate the measures taken to regulate exceptions to the prohibition on the use of substances or mixtures containing lead carbonate and lead sulphate when intended for use in paints. In addition, the Committee requests the Government to provide information on the use, in practice, of white lead and sulphate of lead and of all products containing these pigments in restoration and maintenance of works of art or historic buildings and their interiors.

2. Guarding of Machinery Convention, 1963 (No. 119)

The Committee takes note of the information provided by the Government concerning Article 6 (prohibition on use of machinery without appropriate guards) of the Convention which addresses its previous request.

Article 2(1) and (2) and Article 4 of the Convention. Obligations related to the hire, transfer in any other manner and exhibition of machinery. Legislation. The Committee previously requested information on the manner in which technical inspections undertaken ensure the protection required by the Convention in relation to the hire, or transfer in any other manner, or exhibition of machinery. The Committee notes in this regard that section 3 of the Rulebook on the Procedure and Deadlines for Performing Periodic Inspections and Tests of Labour Supplies, Personal Protective Equipment and Environmental Conditions (No. 71/05), requires periodic inspections of protections against moving parts in means of work. The Committee also requested for information on legislation giving full effect to Articles 2 and 4 of the Convention. In this respect, the Committee recalls that, pursuant to Article 4, the obligations under Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents. The Committee thus requests the Government to provide further information on the regulations in place to ensure that the persons concerned under Article 4, have the obligations envisaged under Article 2, with respect to the safety of machinery.

Article 15. Application and supervision of the provisions of the Convention. The Committee notes that, according to the Government, the most common OSH violations detected by labour inspectors include failure by the employer to procure and issue required work equipment with the relevant expert’s assessment and findings. Furthermore, the Government indicates that the most common causes of injuries at the workplace, as detected by labour inspectors, include impact on and crushing of the trunk of the body, the obsolescence of work equipment, and the use of equipment without prior examination and testing, or without professional findings obtained from authorized organizations on OSH. The Committee requests the Government to provide further information on the number of violations detected by labour inspectors relating to the safety of machines, as well as on the measures taken with a view to reducing the number of such violations.

3. Occupational Cancer Convention, 1974 (No. 139)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 1 (prohibition of occupational exposure to carcinogenic substances and agents), 2(1) (replacement of carcinogenic substances and agents), 2(2) (number of workers exposed and duration and degree of exposure) and 6(a) (consultation with social partners) of the Convention.

Article 3 of the Convention. Measures to protect workers. Establishment of an appropriate system of records. The Committee notes with interest the adoption of the Rulebook on Occupational Health and Safety Measures against the Risk of Exposure to Carcinogenic or Mutagenic Substances (Nos 60/16 and 11/17). The Committee notes that this Rulebook prescribes minimum OSH measures for employers to take, with a view to eliminating or reducing the risk of occupational accidents and diseases caused by occupational exposure to carcinogenic or mutagenic substances. Taking into account employers’ duty to keep OSH records under section 50 of the Law on Safety and Health at Work, the Committee requests the Government to indicate the manner in which Article 3 is given effect in practice, to the requirement to establish an appropriate system of records, in respect of workers exposed to carcinogenic substances.

Article 5. Medical examinations during the period of employment and thereafter. The Committee previously requested for information on measures taken or envisaged to supervise the health of workers who have been exposed to carcinogenic substances or agents, after the period of employment. In this regard, the Committee notes the Government’s reference to section 19 of the Law on Safety and Health at Work, which provides for the employer’s duty to provide medical examinations for workers, including for employees who perform work with special conditions or at increased risk. However, the Committee observes that section 19 does not seem to prescribe medical examination of workers after the period of employment. The Committee requests the Government to provide further information on the manner in which, in accordance with Article 5 of the Convention, workers are provided with such medical examinations or biological or other tests or investigations after the period of employment as are necessary to evaluate their exposure and monitor their state of health in relation to the occupational hazards.

4. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 3 (definitions), 4 (measures in laws or regulations), 7(2) (workers’ or representatives’ right to appeal) and 8 (criteria for determining hazards and exposure limits) of the Convention.

Article 5(4) of the Convention. Opportunity for workers’ representatives to accompany inspectors. Following its previous comments on the manner in which effect is given to Article 5(4), the Committee notes the Government’s indication that there are no legal provisions defining the right of representatives of trade unions to attend inspection visits. The Committee thus requests the Government to indicate any other measures taken or envisaged to ensure that representatives of workers of the undertaking have an opportunity to accompany labour inspectors during their visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties.

Article 11(3) and (4). Alternative employment or other measures to maintain income. Rights of workers under social security or social insurance legislation. Following its previous comments, the Committee notes the Government’s indication that, pursuant to section 19 of the Law on Safety and Health at Work, employers are obliged to reassign a worker to another job corresponding to his health abilities where, after medical examination, it is determined that they do not meet the conditions to perform work with special working conditions. Section 19 of this Law also requires the employer to ensure that, when reassignment is not feasible, the worker shall get other rights in accordance with the law. The Government indicates that such rights can be severance pay or retirement, as appropriate, if the adequate conditions are met. The Committee requests the Government to provide further information on any rights of workers under social security laws and regulations to maintain their income, in cases where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, and reassignment to another job is not possible.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee previously requested for information on measures giving effect to Article 12. In this respect, the Committee notes with interest the adoption of the Rulebook on Measures of Safety and Health at Work regarding Risks Arising from Exposure to Noise (No. 37/16) and the Rulebook on Measures of Safety and Health at Work regarding Risks Arising from Exposure to Vibration (No. 24/16). However, the Committee observes that these rulebooks appear to be silent on the issue of notification to the competent authority. The Committee once again requests the Government to indicate the measures taken to ensure that employers using processes, substances, machinery and equipment involving exposure of workers to noise or vibration, shall notify them to the competent authority and that this authority may, as appropriate, authorize their use on prescribed conditions or prohibit it.

5. Asbestos Convention, 1986 (No. 162)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 3 (national laws and regulations), 4 (consultation with social partners), 11 (crocidolite), 15(2) (periodic review and update of exposure limits), 17(2) (work plan prior to demolition), 19(1) (disposal of waste), 21(4) (income maintenance) of the Convention.

Article 18(5) of the Convention. Washing facilities. In response to its previous comment on measures giving effect to Article 18(5), the Committee notes the Government’s reference to the Rulebook on Safety Measures at the Workplace (No. 104/20), which defines requirements that auxiliary premises in workplaces must meet, such as the temperature of and lighting in bathrooms. The Committee requests the Government to indicate the measures taken, including any legal provisions, to ensure the provision of such auxiliary premises for workplaces where workers are exposed to asbestos.

Article 20(2) and (4). Records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee previously noted the Government’s indication that Article 20 would be taken into account in the drafting of a new Rulebook on Keeping Records in the Field of Safety and Health at Work. The Committee notes that the Government indicates that such amendments are still in the planning stage and that it will provide further information at a later stage. The Committee once again requests the Government to provide information on the progress made towards the adoption of a new Rulebook on Keeping Records in the Field of Safety and Health at Work, and to provide a copy of such Rulebook, once adopted. The Committee also requests the Government to provide further information on whether workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(4) of the Convention.

Article 21(1). Medical examinations. The Committee previously noted the Government’s indication that no medical supervision was provided after termination of their employment, to workers who were exposed to asbestos. The Committee recalled that, pursuant to Article 21(1) of the Convention, workers must be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos, which may, in the case of asbestos, require examination after the termination of employment. The Committee observes that the information provided by the Government concerning medical examination provided by employers includes situations where an employee is re-employed after being absent from work for more than a year, but does not otherwise appear to concern medical examinations after termination of employment. The Committee requests the Government to provide further information on any measures taken or envisaged to ensure that workers who are or have been exposed to asbestos are provided with medical examinations after their employment is terminated.

Article 21(5). Notification of occupational diseases caused by asbestos. The Committee notes that, in response to its previous comments on the same issue, the Government reiterates that a register of occupational diseases is not yet available in the country. The Committee notes the Government’s indication that it is currently in the process of finding the best solution to regulate this issue. The Committee requests the Government to pursue its efforts in this regard and to take the necessary measures to ensure that there is a system of notification of occupational diseases caused by asbestos, in accordance with Article 21(5). The Committee requests the Government to provide detailed information on the developments in this regard.

Article 22(1). Information and education. The Committee notes the Government’s indication that the next activities of the Directorate for Occupational Safety and Health will aim to raise awareness about the importance of applying OSH measures in case of exposure to asbestos. The Government indicates that such activities will be concretized in the action plan of the Strategy for the Improvement of Health and Safety at Work 2022–27. The Committee requests the Government to provide further information on the activities undertaken in this regard.

C. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the International Labour Conference in 2024 (112th Session) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

2. Safety and Health in Construction Convention, 1988 (No. 167)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 5(2) (due regard to standards), 12(1) (right to removal), 15(2) (lifting appliances), 19(d) (fire or inrush of water or material), 20(3) (inspection of cofferdams and caissons), 21(2) (work in compressed air) 24(b) (demolition work), 26(1) (electrical equipment and installations), 27(b) (storage, transport, handling and use of explosives) of the Convention.

Article 8(1)(c) of the Convention. Cooperation between two or more employers simultaneously undertaking activities at one construction site. Following its previous comments, the Committee notes the Government’s indication that an investor in construction is not released from responsibility if, pursuant to section 9 of the Law on Safety and Health at Work, they appoint coordinators in the project development phase and in the construction phase. The Committee requests the Government to specify the provisions of the national legislation providing for the obligations under Article 8(1)(c) of the Convention, which requires that, whenever two or more employers undertake activities simultaneously at one construction site, each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his authority.

Article 12(2). Immediate steps to stop the operation and evacuate where there is imminent danger. The Committee notes the Government’s indication that, pursuant to section 29 of the Law on Safety and Health at Work, the employer is obliged to enable employees, by measures and instructions, to stop the work and to be sent to a safe place, in case of serious, immediate and unavoidable danger. The Committee recalls that, pursuant to Article 12(2) of the Convention, where there is an imminent danger to the safety of workers the employer shall take immediate steps to stop the operation and evacuate workers as appropriate. Article 12(2) does not specify that the danger must be unavoidable. The Committee requests the Government to take measures to align section 29 of the Law on Safety and Health at Work with Article 12(2) of the Convention, and to provide information in this regard.

Article 19(e). Excavations, shafts, earthworks, underground works and tunnels. Appropriate investigations to locate circulation of fluids or the presence of pockets of gas. The Committee notes the reference made by the Government, in response to the Committee’s previous comments, to the employer’s duty to inform workers and their representatives, in writing, about OSH risks and measures. The Committee notes that Article 19(e) requires that adequate precautions be taken in any excavation, shaft, earthworks, underground works or tunnel, to avoid risk to workers arising from possible underground dangers, by undertaking appropriate investigations to locate them. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that, in excavations, shafts, earthworks, underground works or tunnels, appropriate investigations to locate possible underground dangers are undertaken.

Article 20(2). Cofferdams and caissons. Means for workers to reach safety. Immediate supervision of a competent person. In the absence of additional information, the Committee once again requests the Government to indicate the measures taken to ensure that the construction, positioning, modification or dismantling of a cofferdam or caisson shall take place only under the immediate supervision of a competent person, in accordance with Article 20(2) of the Convention.

Article 28(2)(a). Health hazards. Following its previous comments on this matter, the Committee notes the Government’s indication that, pursuant to section 15 of the Law on Safety and Health at Work, the employer is required to implement protection measures while respecting the general principles of prevention, including the replacement of dangerous circumstances with harmless or less dangerous ones. The Committee also takes due note of the Government’s reference to the application of the Rulebook on Occupational Health and Safety Measures Against Chemical Exposure Risks (Nos 81/16, 30/17, 40/18 and 77/21), requiring employers to apply and implement OSH measures, including the replacement of a chemical substance or process with less dangerous substances or processes (section 6). The Government also refers to the Rulebook on Measures for Protection and Health at Work against the Risk of Exposure to Biological Substances. The Committee requests the Government to provide a copy of the Rulebook on Measures for Protection and Health at Work against the Risk of Exposure to Biological Substances.

Article 32(3). Provision of separate sanitary and washing facilities. The Committee notes the information provided by the Government on the requirement to provide, before the start of construction works, hygienic and sanitary devices, toilets, washbasins, drinking water installations, and rooms for employees to dry wet clothes and stay in during weather disasters. However, the Committee notes an absence of information on the manner in which Article 32(3) is given effect to. The Committee once again requests the Government to indicate the measures taken to ensure that separate sanitary and washing facilities for men and women workers are provided, in accordance with Article 32(3) of the Convention.

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 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 the observations of the Union of Free Trade Unions of Montenegro (UFTUM) received on 31 August 2021, referring to the matters addressed below.

The Committee takes note of the adoption of the Law on Civil Servants and State Employees (2018), the Labour Law (2019), a revised Rulebook on the Registration of Trade Unions (2019) and a Rulebook on the Registration of Representative Trade Union Organizations (2019), as well as the Government’s indication that there have been no legislative changes or other measures that significantly affect the application of the Convention.

Article 3 of the Convention. Right to organize activities in full freedom. In its previous comment, the Committee noted that under section 18 of the Law on Strikes, 2015, the police, employees of state bodies and the public service could organize a strike in a way that would not endanger national security, safety of persons and property, the general interest of citizens or the functioning of government authorities and that in such occupations, minimum services must be ensured. Having noted that it was the prerogative of the state authority responsible for national security to determine whether the organization of a strike endangered the general interest of citizens and functioning of government authorities, the Committee requested the Government to take the necessary measures to amend the Law on Strikes in consultation with the social partners so as to ensure that responsibility for declaring a strike illegal rests with an independent body that has the confidence of the parties involved. The Committee notes the Government’s indication that: (i) in line with section 7, work disruption not organized in accordance with the provisions of the Law on Strikes shall be considered an illegal strike; (ii) section 31 of the Law provides that the employer, the representative association of employers, the representative trade union or the strike committee can initiate a procedure for determining the illegality of a strike or unlawful dismissal, which will be decided upon by the competent court within five days of such a request (this provision applies to any organized strike regardless of the area of activity in which it is organized); and (iii) the assessment under section 18 of whether the organization of a strike for the above employees endangers the general interest of citizens and functioning of government authorities is done by the public authority responsible for national security. While taking due note of this indication, the Committee understands that even if section 18 does not, in its wording, refer to the determination of the legality of a strike (which is regulated by section 31, providing for a judicial determination irrespective of the area of activity in which the strike is organized), section 18 provides for an assessment by a public authority of whether a strike endangers the general interest of citizens and functioning of government authorities and thus, whether it can lawfully take place under section 18 or not. The Committee notes in this regard the observations made by the UFTUM that: (i) at the drafting stage, a representative from the UFTUM warned that section 18 was not sustainable as the National Security Agency was a security intelligence service whose work implied the secrecy of information; (ii) the National Security Agency may declare that a strike endangers the public interest, and is therefore illegal, without prescribed clear criteria, acting in its own discretion and without the possibility of objections from the initiators of the strike; and (iii) the UFTUM submitted an initiative to review the constitutionality of section 18 of the Law on Strikes after its entry into force but has not yet received a response from the Constitutional Court. While noting the Government’s submission that Article 9 of the Convention leaves it to Members States to determine the extent to which the guarantees of the Convention apply to members of the armed forces and the police, the Committee observes that section 18 of the Law on Strikes also regulates the right to strike of employees of state bodies and the public service who are not excluded from the scope of the Convention under Article 9 and who, unless they are engaged in essential services in the strict sense of the term or exercising authority in the name of the State, should benefit from the right to strike. In view of the above, the Committee once again requests the Government to take the necessary measures to amend the Law on Strikes in consultation with the social partners so as to ensure that any determination of whether a strike organized under section 18 endangers the general interest of citizens and functioning of government authorities, and is therefore illegal, is the prerogative of an independent body that has the confidence of the parties involved. The Committee also requests the Government to provide information on the current status of the initiative to review the constitutionality of section 18 filed to the Constitutional Court by the UFTUM.

Article 4. Dissolution and suspension by administrative decision. The Committee previously requested the Government to indicate whether suspensive effect was granted to an appeal, made pursuant to the Law on General Administrative Procedure, of a decision to delete a trade union organization from the register pursuant to section 10(3) of the former Rulebook on the Registration of Trade Union Organizations – deletion if the registration was based on inaccurate data from the applicant or on the application of an unauthorized person (possibility currently also provided under section 12(3) of the revised Rulebook and section 13(3) of the Rulebook on the Registration of Representative Trade Union Organizations). The Committee notes the Government’s indication that an appeal filed against a decision of the Ministry of Labour to delete a union from the register does not have suspensive effect in that it does not delay the execution of the decision. Recalling that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should only take place following a normal judicial procedure which should have the effect of a stay of execution, the Committee requests the Government to take the necessary measures, including any necessary legislative amendments, to ensure that the procedure to delete a trade union organization from the register (pursuant to section 12(3) of the revised Rulebook on the Registration of Trade Unions and section 13(3) of the Rulebook on the Registration of Representative Trade Union Organizations) provides such safeguards.

The Committee further notes that the Government indicates that while the revised Rulebook on the Registration of Trade Unions did not modify the reasons for deletion of a trade union from the register, it introduced a new sub-paragraph stipulating that the procedure for deleting a trade union under section 12(3) (previously section 10(3)) – if the registration was based on inaccurate data from the applicant or on the application of an unauthorized person – can be initiated by a registered trade union (section 13 of the Rulebook on the Registration of Representative Trade Union Organizations provides for the same possibility). The Committee requests the Government to clarify whether the effect of the new sub-paragraph is simply to allow the concerned union to initiate the procedure for deleting it from the register in the previously described circumstances, or whether it enables any registered trade union to request deletion of another union from the register under section 12(3) of the Rulebook and section 13(3) of the Rulebook on the Registration of Representative Trade Union Organizations, and if so, to indicate the grounds for having introduced this possibility.

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).

Article 4. Promotion of collective bargaining. Determination of trade union representativeness. Company level. The Committee previously noted that section 15 of the Law on the Representativeness of Trade Unions provides that the representativeness of a trade union at the level of the individual employer shall be determined by the “Director” (the head of the enterprise in which the representativeness of the trade union organization is to be established) at the proposal of the commission for the establishment of trade union representativeness and requested the Government to take measures to ensure the establishment of an independent and impartial mechanism for determining the representativeness of trade unions at the company level, as well as to provide information on the board to which an appeal can be filed of the Director’s decision. The Committee notes that the Government reiterates that upon submission of a request to the employer to determine the representativeness of a trade union, the “Director” forms a commission (composed of two representatives of: the employer, the representative trade union at the employer, if it exists, and the interested trade union), which makes a proposal by a majority vote of its members, on the basis of which the “Director” or the employer shall issue a decision concerning trade union representativeness. The Government further informs that if the interested trade union considers that the decision was not made in accordance with the law it can file a complaint to the Representative Trade Union Board (formed by the Minister and composed of two representatives of: the Government, representative trade unions and representative associations of employers, appointed for four years and renewable), which decides by a majority vote and submits its proposal to the Minister in charge of labour affairs who makes a decision on the complaint. An administrative dispute may also be initiated before a competent court on the decision made by the Minister. The Committee understands from the above that the procedure, as previously assessed by the Committee, has not been fundamentally modified in that the initial decision on representativeness of a trade union is the prerogative of the “Director” and not of an independent and impartial mechanism (sections 18-20 of the revised Law on Representativeness). It also observes that an appeal to the competent court can only take place after the Representative Trade Union Board has issued a proposal on the complaint and has submitted it to the Minister in charge of labour affairs, who adopts an administrative decision in this regard (sections 21–23). The Committee recalls in this regard that the determination of the representative character of a union should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference. The Committee therefore requests the Government to take the necessary measures to revise the procedure in line with the above, ensuring in particular that, if the initial decision on trade union representativeness is taken by the labour administration, an appeal is immediately possible through a rapid and effective procedure before an independent and impartial body, such as a competent court.

Conditions for trade union representativeness. Political affiliation of union representatives. The Committee notes that under section 9(1)(2) of the Law on the Representativeness of Trade Unions, one of the conditions for a trade union to be considered as representative at any level is its independence from state bodies, employers and political parties and that section 9(2) stipulates that if a trade union representative is a member of a political party body or is a candidate on the electoral list of a political party, the condition of independence is not fulfilled. The Committee understands that while section 9 does not disqualify persons from trade union office due to their political affiliation, it does stipulate that political affiliation or political candidacy of a trade union representative may prevent the concerned trade union from attaining the status of representativeness as a result of not fulfilling the condition of independence. While emphasizing the importance of trade union independence, the Committee considers that conditioning the recognition of trade union representativeness as a whole on the requirement that none of its representatives are members of a political party body or candidates on electoral lists may run counter to the principles of non-interference and promotion of collective bargaining under both the Convention and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No 87). In line with the above, the Committee requests the Government to consider removing section 9(2) and 9(3)(2) of the Law on the Representativeness of Trade Unions to ensure that membership of a trade union representative in a political party body or candidacy on an electoral list does not put into question the independence of the union as a whole and does not prevent it from attaining the status of representativeness and obtaining the related rights.

Bipartite negotiations. The Committee notes that section 184 of the Law on Representativeness regulates the parties to collective bargaining and provides for tripartite bargaining with the participation of the Government in several instances of negotiation of branch agreements in the public sector, including with respect to companies founded by the State or where the State or the local self-government have majority ownership (section 184(2)(b)). While recognizing the capacity of State authorities to determine the representatives of public entities participating in negotiations relating to the terms and conditions of employment within the latter, the Committee recalls that the Convention applies to all branches of economic activity, including to public enterprises, and that it essentially tends to promote bipartite negotiations, namely between employers and employers’ organizations, on the one hand, and workers’ organizations, on the other. In view of the above, the Committee requests the Government to take the necessary measures to ensure that, in general, negotiations of collective agreements are carried out in a bipartite context, including in public enterprises.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, specifying the different levels at which they were concluded (at the level of the enterprise, sectoral or national collective agreements) and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

The Committee notes the observations of the Union of Free Trade Unions of Montenegro (UFTUM) received on 31 August 2021, alleging lack of adequate protection against acts of anti-union discrimination in practice. The Committee requests the Government to provide its comments thereon.

The Committee notes the adoption of the Law on the Representativeness of Trade Unions (2018), the Labour Law (2019), the Rulebook on the Registration of Representative Trade Union Organizations (2019) and the General Collective Agreement (2019), as well as the Government’s indication that there have been no changes in legislative or other measures that significantly affect the application of the Convention. The Government adds that the Committee’s previous comments were presented to the tripartite working group which drafted the Labour Law and were largely respected and that further amendments to the Labour Law are foreseen for which the technical assistance of the Office would be useful.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comment, the Committee requested the Government to pursue its efforts to amend the legislation so as to ensure the provision of sufficiently dissuasive sanctions for acts of anti-union discrimination against union members and officials. The Committee notes the Government’s indication that: (i) section 189 of the new Labour Law prescribes voluntary membership in a trade union or employers’ association and stipulates that no one can be placed in a less favourable position due to membership in such organizations and participation or failure to participate in their activities; (ii) section 7 prohibits direct and indirect discrimination against persons seeking employment, as well as employees, on the ground of, among others, trade union membership; (iii) section 8 details what constitutes direct and indirect discrimination; (iv) section 13 prohibits discrimination on the basis of membership and participation in organizations of employees and employers; and (v) section 209(1)(1) stipulates fines for violations of sections 7, 8 and 13 by a legal entity in the amount of EUR 1’000 to 10’000. The Committee also observes that a fine ranging from EUR 100 to 1,000 shall be imposed on the responsible person in the legal entity for violations of sections 7, 8 and 13 (section 209(2)). It further notes that section 173(5) stipulates that acting as a representative of employees in line with the law does not constitute a justified reason for termination of employment, that section 196 provides protection against anti-union discrimination against trade union representatives during their mandate, as well as six months after its termination, and that section 180(5) stipulates the possibility of reinstatement and compensation in case of illegal dismissal. The Committee notes with satisfaction the adoption of the above provisions. The Committee observes, however, the concerns raised by the UFTUM in this respect, alleging lack of adequate protection against acts of anti-union discrimination in practice, in particular numerous cases of discrimination against trade union representatives and the absence of prosecution of employers. In view of the above, the Committee requests the Government to provide information on the practical application of section 209(1)(1) of the Labour Law concerning anti-union discrimination cases, in particular the type of violations identified, the nature of the remedies and the amount of the fines imposed.

Article 2. Adequate protection against acts of interference. In its previous comment, the Committee requested the Government to take measures to adopt specific legislative provisions prohibiting acts of interference by the employer or employers’ organizations and making express provision for rapid appeal procedures, accompanied with effective and sufficiently dissuasive sanctions. The Committee notes the Government’s statement in this regard that, under section 197(1) of the Labour Law, the employer is obliged to provide employees with the free exercise of trade union rights and that freedom of trade union organization creates positive and negative obligations for the employer towards the trade union: the positive obligation is to provide conditions for trade union work and to sanction all persons who prevent or hinder trade union activities, whereas the negative obligation implies the absence of any administrative or other barriers by the employer that could prevent or hinder the exercise of trade union rights. The Government adds that the Law on the Representativeness of Trade Unions prescribes general conditions for determining the representativeness of trade unions, which include independence from public authorities, employers and political parties, and it clarifies that in order to establish a quality social dialogue, it is essential to ensure the independence of trade unions from public authorities, employers and political parties. While taking due note of the general obligations of the employer vis-à-vis trade unions and the importance of trade union independence invoked by the Government, the Committee observes that the Government does not point to provisions which provide specific protection against acts of interference by employers or employers’ organizations in the establishment, functioning and administration of trade unions, and vice versa, as established in Article 2(2) of the Convention, in particular acts designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to place workers’ organizations under the control of employers or employers’ organizations through financial or other means. The Committee therefore reiterates its request to the Government to take measures to adopt specific legislative provisions prohibiting acts of interference by the employer or employers’ organizations as established in Article 2(2) of the Convention and making express provision for rapid appeal procedures, accompanied with effective and sufficiently dissuasive sanctions.

Article 4. Promotion of collective bargaining. General Collective Agreement. The Committee previously requested the Government to take measures to amend sections 149 and 150 of the Labour Law so as to ensure that the Government may only participate in the negotiation of a general collective agreement on issues linked to the minimum wage and that matters relating to other terms of employment are subject only to bipartite collective bargaining between employers and their organizations and workers’ organizations. The Committee notes the Government’s indication that many issues previously regulated by the General Collective Agreement (certain rights concerning the employment relationship, salaries, disciplinary responsibilities, termination of the employment contract and conditions for trade union activities) are now governed by the Labour Law and that the General Collective Agreement will thus mainly contain provisions relating to the determination of wages and the calculation of salaries. The Committee observes however the Government’s statement that the General Collective Agreement will also regulate other issues (such as the limitation of overtime work, and increases in annual leave and unpaid leave) in some sectors where branch collective agreements have not been concluded so as to protect the rights of employees (the banking and trade sectors). The Committee further notes that, under section 183 of the revised Labour Law, a general collective agreement defines, in addition to elements for the determination of wages, also the scope of the rights and obligations arising out of employment and that section 184(1) provides for the Government’s participation in the conclusion of a general collective agreement. While emphasizing the importance and relevance of concertation between the Government and the social partners on matters of common interest, the Committee recalls that the Convention tends essentially to promote bipartite negotiation and to limit the participation of public authorities to issues which are broad in scope, such as the formulation of legislation and economic or social policy, or the fixing of the minimum wage rate. The Committee therefore once again requests the Government to take, in consultation with the social partners, the necessary measures to amend the relevant provisions of the Labour Law to ensure that the general collective agreements are concluded in full compliance with the Convention.

Representativeness of employers’ federations. In its previous comments, the Committee requested the Government to take measures to either substantially reduce or repeal the minimum requirements for an employers’ federation to be considered as representative (under the current legislation, it must employ a minimum of 25 per cent of employees in the economy of Montenegro and participate in the gross domestic product of Montenegro with a minimum of 25 per cent). While taking due note of the Government’s indication that the tripartite working group that drafted the Labour Law agreed to retain the current legal provision and that, as a result, the conditions for determining the representativeness of employers’ associations have not been changed (section 198 of the revised Labour Law), the Committee wishes to recall that the requirement of too high a percentage for representativeness to be authorized to engage in collective bargaining may hamper the promotion and development of free and voluntary collective bargaining within the meaning of the Convention. The Committee therefore invites the Government to continue to assess, together with the social partners, whether the current minimum requirements for representativeness of employers’ associations continue to be adapted to the specific characteristics of the country’s industrial relations system, with a view to ensuring the promotion and development of free and voluntary collective bargaining.

The Committee also previously noted that the affiliation of employers’ associations to international or regional employers’ confederations was a prerequisite for them to be considered as being representative at the national level and requested the Government to pursue consultations with the social partners concerned to ensure that the prerequisites for employers’ organizations to bargain at the national level are in line with the Convention. The Committee notes the Government’s indication that, while the Rulebook on the manner and procedure of registration of employers’ associations and detailed criteria for determining the representativeness of authorized employers’ associations (2005) is still in force, further amendments to the Labour Law and the Rulebook should be made in 2022, in particular to create a complete legal basis for the procedure of establishing the representativeness, the manner and the procedure for registration of employers’ associations, as well as detailed criteria for determining their representativeness. Welcoming this information, as well as the Government’s indication that the Committee’s comments will be presented to the tripartite working group so as to achieve full compliance with the Convention, the Committee recalls once again that, for an employers’ association to be able to negotiate a collective agreement, it should be sufficient to establish that it is sufficiently representative at the appropriate level, regardless of its international or regional affiliation or non-affiliation. In line with the above, the Committee requests the Government to take the necessary measures, including in the context of the upcoming Labour Law reform and in consultation with the social partners, to ensure that the prerequisites for employers’ organizations to bargain at the national level are in line with the Convention, in particular with regard to their freedom to affiliate or not to affiliate with international or regional organizations.

The Committee reminds the Government that the technical assistance of the Office remains at its disposal, if it so wishes, as regards the legal issues raised in this observation.

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 ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 132 (annual holidays with pay) and 171 (night work) together.

The Committee notes the observations of the Union of Free Trade Unions of Montenegro (UFTUM) on the application of Convention No. 132, received on 31 August 2021.

Article 3 of Convention No. 132. Right to annual paid holiday. The Committee notes the observations of the UFTUM, alleging that employees in companies going through bankruptcy proceedings have been deprived of their right to annual leave, due to competent institutions’ interpretation of section 79 of the Bankruptcy Law, amended in 2016, and considered not to apply to bankruptcy proceedings initiated before the amendment. The Committee requests the Government to provide its comments in this respect.

Article 7(2). Payment of holiday pay in advance. Following its previous comments on this matter, the Committee notes the Government’s indication in its report regarding the deadlines in place for the payment of wages to the employee, pursuant to section 105 of the Labour Law. The Committee takes note of this information, which addresses its previous request.

Article 11. Right to annual holiday in case of termination of the employment contract. With regard to its previous comments, the Committee notes that the Government refers to section 86 of the Labour Law, providing for the employee’s right to paid annual leave, or financial compensation, in case of employment termination. The Committee observes that section 86 of the Labour Law refers to termination of employment as a situation where a labour contract is terminated due to transfer to another employer. The Committee requests the Government to indicate how it is ensured that, in cases of termination other than for transfer to another employer, an employee can receive a holiday with pay, proportionate to the length of service for which they have not received such a holiday, compensation in lieu thereof, or the equivalent holiday credit.

Article 3 of Convention No. 171. Measures taken in the fields of safety and maternity protection for all workers performing night work. Specific measures for night workers. The Committee notes that section 105 of the Labour Code, prohibiting women from being employed at night under certain circumstances, has now been repealed by the new Labour Law. It nevertheless notes that the prohibition on women with children under three years of age to engage in night work, is still reflected in section 125(2) and (3) of the new Labour Law. The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time instruments, paragraph 545).

The Committee also notes that section 70(3) of this Labour Law provides that employees who work at night for at least three hours of their daily working time have a right to special protection, in accordance with the regulations on occupational safety and health. In this regard, the Government indicates in its report that regulations pursuant to section 70(3) of the Labour Law have yet to be adopted. The Committee requests the Government to indicate whether it intends to adopt measures for night workers’ protection, including specific regulations, as required by Article 3 of the Convention. In addition, the Committee requests the Government to review its national legislation in light of the principle of non-discrimination, in consultation with the social partners. Noting that the country is still bound by Convention No. 89 and that the denunciation window for that Convention is still open (27 February 2021 to 27 February 2022), the Committee encourages the Government to consider its denunciation.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee takes note of the Government’s first report.

The Committee notes the adoption of the Law on Civil Servants and State Employees (2018), the Law on the Representativeness of Trade Unions (2018), the Labour Law (2019), the Rulebook on the Registration of Representative Trade Union Organizations (2019) and the General Collective Agreement (2019).

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that: (i) section 2(2) of the Labour Law stipulates that it applies to employees in public authorities, public administration bodies, local self-government units and public services, unless otherwise provided by a special law; and (ii) section 17 of the Law on Civil Servants and State Employees states that general labour regulations apply to the rights, obligations and responsibilities of civil servants or state employees not regulated by this or a special law. The Committee further observes that except section 15, which provides for the right to establish and join trade unions, the Law on Civil Servants and State Employees does not contain any specific provisions on freedom of association and collective bargaining and understands that these matters are thus governed by the general labour legislation.

The Committee notes with interest that Montenegro has recognized the right to organize and bargain collectively to the police and the armed forces (article 53 of the Constitution, section 15 of the Law on Civil Servants and State Employees, sections 7 and 94 of the Law on Internal Affairs and sections 12 and 67 of the Law on the Armed Forces of Montenegro).

Article 4. Adequate protection against acts of anti-union discrimination. The Committee notes the Government’s indication that the Law on Civil Servants and State Employees does not provide protection against anti-union discrimination but that this matter is regulated by the Labour Law. The Committee notes with interest that section 2(5) of the Labour Law stipulates that provisions relating to the prohibition of discrimination apply to employees referred to in section 2 (including employees in public authorities, public administration bodies, local self-government units and public services) and that a special law may not determine otherwise. The Committee refers to its more extensive comments on adequate protection against acts of anti-union discrimination made under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 5. Adequate protection against acts of interference. In its previous comments under Convention No. 98, the Committee requested the Government to take measures to adopt specific legislative provisions prohibiting acts of interference on the part of the employer or employers’ organizations and making express provision for rapid appeal procedures, accompanied with effective and sufficiently dissuasive sanctions. The Committee notes the Government’s general observations on protection against acts of interference and refers in this regard to its comments made under Convention No. 98.

Collective bargaining in practice. The Committee notes the Government’s indication that: (i) in December 2020, 42,193 people were employed at the central level and 1,235 at the local level, making a total of 55,428 employees in the public administration; (ii) there are currently two representative trade unions at the branch level in the public sector, namely the representative Trade Union of Administration and Judiciary and the Trade Union of the Judiciary; and (iii) the Trade Union of Administration and Judiciary signed a collective agreement with the Government in 2015, applicable to a broad range of civil servants and state employees, which provides, among others, for the settlement of individual and collective labour disputes by a conciliator or arbitrator, in accordance with the Law on the Peaceful Settlement of Labour Disputes, 2007. Welcoming the above information, the Committee invites the Government to continue to encourage and promote collective bargaining in the public sector and to continue to provide information on collective agreements concluded and in force in the public sector and the number of workers covered by these agreements

Articles 2 and 3 of the Convention. Implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities. The Committee notes with interest a number of initiatives taken by the Government during the reporting period to promote equality of opportunity and treatment in access to vocational rehabilitation services and to employment for persons with disabilities. These include the adoption on 26 June 2015 of the Act on Prohibition of Discrimination of Persons with Disabilities by the Parliament of Montenegro, as well as the adoption in December 2016 of Montenegro’s Strategy for the protection of persons with disabilities from discrimination and promotion of equality 2017–2021. The Strategy includes among its objectives the provision of inclusive education at all levels for all students with disabilities, including for adults with disabilities, and ensuring equal access for persons with disabilities to vocational rehabilitation, labour and employment. The Strategy contemplates, among other measures, reducing barriers and stereotypes towards persons with disabilities and increasing employers’ awareness about the benefits of employing persons with disabilities. The implementation of the Strategy is coordinated and monitored by a commission composed of representatives of relevant ministries, as well as representatives of civil society. The Government indicates that the number of applications submitted by employers to the Fund for Vocational Rehabilitation and Employment of Persons with Disabilities for wage subsidies to employ persons with disabilities increased from 71 employers hiring 89 persons with disabilities in 2014 to 421 employers hiring 660 persons with disabilities in 2018. The Committee further notes the statistical information, disaggregated by age, sex, educational level and degree of disability, provided by the Government concerning persons with disabilities registered with the Montenegrin Employment Office. The Government reports that the number of persons with disabilities registered with the Employment Office increased from 1,953 in 2015 (35 per cent women) to 8,222 in 2018, (54.45 per cent women), respectively. The Committee nevertheless notes that, in its concluding observations of 22 September 2017, the UN Committee on the Rights of Persons with Disabilities (CRPD) expressed concern at the lack of information regarding the effective protection of workers with disabilities from dismissal. It also expressed concern that unemployment particularly affects persons with disabilities in Montenegro. The CRPD also observed that use of the medical model of disability to assess people’s capacity for work persisted (document CRPD/C/MNE/CO/1, paragraph 48). In this regard, the Committee recalls that the focus on the medical model under which persons are defined by their disabilities has been superseded by the recognition that persons are disabled not only due to functional difficulties, but also to external factors, in particular arising out of historically negative perceptions and attitudes of disability held by many policymakers, educators, employers and employment and vocational training services, among others (2020 General Survey on Promoting employment and decent work in a changing landscape, paragraph 650). The Committee therefore requests the Government to provide information on the measures adopted with a view to modifying the methods used to assess capacity for work in order to ensure that these are not only based on a medical mode of disability, as well as measures taken or envisaged to address historically negative attitudes toward disability. The Committee further requests the Government to provide detailed updated information on the nature and impact of the measures taken to promote employment opportunities for persons with disabilities in the open labour market in both the public and private sectors, including those adopted in the framework of the Strategy for the protection of persons with disabilities from discrimination and promotion of equality 2017–21. The Government is also requested to continue to provide information on the practical application of the Convention including: statistics and relevant data (disaggregated by age, sex and nature of the disability); extracts from reports, studies and inquiries concerning the matters covered by the Convention, including information on compliance with the quota system for the employment of persons with disabilities in both the private and public sectors.

Article 4. Effective equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. The Committee notes that, in its concluding observations of 22 September 2017, the CRPD expressed concern that certain anti-discrimination provisions on disability in force in Montenegro are themselves discriminatory, as they cover discrimination based only on certain types of impairments. In particular, the CRPD expressed concern regarding, inter alia, the lack of effective equal protection of persons with disabilities who may be subjected to intersectional discrimination, such as persons with disabilities who are members of different ethnic groups, including Roma, Ashkali and Egyptians, refugees, asylum seekers and internally displaced persons; (document CRPD/C/MNE/CO/1, paragraph 10). The Committee requests the Government to provide detailed information, including statistical data disaggregated by sex, age and economic sector, on the nature and impact of measures adopted or envisaged to ensure effective equality of opportunity and treatment in employment and occupation between women and men with disabilities, and between workers in general and workers with disabilities. It also requests the Government to provide information on measures taken or envisaged to protect persons with disabilities from intersectional discrimination in employment and occupation. It further requests the Government to provide detailed updated information on the effective application of legislation prohibiting discrimination in employment and occupation on the basis of disability, including copies of judicial decisions.

Article 5. Consultation with representative organizations of employers and workers, and organizations of and for persons with disabilities. In reply to the Committee’s previous comments, the Government once again refers to the establishment and composition of the Council of the Fund for the Professional Rehabilitation and Employment of persons with disabilities under the 2011 Act amending the Act on the Vocational Rehabilitation and Employment of Persons with Disabilities. The Government does not provide information on the consultations held with the social partners and organizations of and for persons with disabilities, or on initiatives taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities. The Committee therefore reiterates its request that the Government provide updated detailed information on the content and outcome of consultations held with the social partners and with organizations representing persons with disabilities, as required by Article 5 of the Convention. It also reiterates its request that the Government provide information on initiatives taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities.

Articles 7 and 8. Services accessible to persons with disabilities, including in rural and remote areas. In reply to the Committee’s previous comments, the Government reiterates that professional rehabilitation measures are carried out by licensed professional rehabilitation agents selected by the Ministry of Labour and Social Welfare. The Government adds that these measures are carried out in all regional units of the Employment Agency. Pursuant to the Act on Professional Rehabilitation and Employment of Persons with Disabilities, as amended, the professional rehabilitation agent manages and evaluates, according to prescribed standards, the quality of implementation of the rehabilitation activities in which a person with disabilities participated. The Committee notes the information provided by the Government with regard to the number of opinions issued from 2015 to 2018 by the Commission for Professional Rehabilitation in relation to the need to include persons with disabilities in professional rehabilitation measures and activities during the reporting period. The Government reiterates that the professional rehabilitation agents submit their evaluation reports to the Employment Agency. The Committee notes, nonetheless, that no information is provided on the specific content or results of these reports. The Committee therefore requests the Government to provide detailed updated information on the content of the evaluation reports and their impact on the vocational guidance and training measures adopted to enable persons with disabilities to secure, retain and advance in employment. The Committee further requests the Government to provide detailed information on the nature and impact of measures adopted to ensure that persons with disabilities in rural areas and remote communities have access to effective vocational rehabilitation and employment services.

Article 9. Training of suitably qualified staff. In reply to the Committee’s previous comments, the Government indicates that there are three professional rehabilitation agents in Montenegro: the Multidisciplinary Educational Center “Pamark” in Podgorica, the Center for Education and Training (ZOPT) and the Center for Professional Rehabilitation, a public institution that was established in Podgorica in 2017. It provides professional rehabilitation services and training for staff responsible for the professional rehabilitation of persons with disabilities. The Government adds that the new center has developed and implemented new methods and forms of professional rehabilitation, including the introduction of new technologies. The Committee requests the Government to continue to provide detailed and updated information on the nature and impact of measures taken with a view to ensuring the training and availability of suitably qualified advisers specialized in rehabilitation and of other qualified staff responsible for ensuring the provision of vocational guidance and training, as well as for the placement and employment of persons with disabilities in the open labour market.

COVID-19. In the context of the COVID-19 pandemic, the Committee recalls the broad guidance provided by international labour standards. In this regard, the Committee draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidance for the development and implementation of measures in areas such as education, vocational training and retraining, and employment, that effectively respond to the profound socioeconomic effects of the pandemic. Moreover, paragraph 7(h) of Recommendation No. 205, provides that, in taking measures on employment and decent work in response to crisis situations, member States should pay special attention to population groups and individuals who have been made particularly vulnerable by the crisis, including, but not limited to, persons with disabilities. The Committee invites the Government to provide in its next report updated information on the impact of the global COVID-19 pandemic on the implementation of vocational rehabilitation and employment policies and programmes for women and men with disabilities.

Article 3 of the Convention. Health protection. Further to its previous request on the measures in place for the health protection of pregnant and breastfeeding women, the Committee notes the indication by the Government in its report that, pursuant to sections 14–17 of the Act on Health and Safety at Work of 2014, employers are required to take measures to prevent and eliminate workplace risks related to the safety and health of pregnant and breastfeeding women, including the assessment of workplace risks. The Committee further notes, and welcomes, the adoption in 2020 of the Rulebook on measures of safety and health at work that lists dangerous physical, biological, and chemical agents as well as working conditions to which pregnant and breastfeeding women shall not be exposed (section 8). The Committee takes due note of this information.

Article 6(2)(6). Adequate benefits out of social assistance funds. In its previous comments, the Committee requested the Government to provide information on the sufficiency of the benefits provided under the Act on Social and Child Protection to ensure the maintenance of the mother and her child in proper conditions of health and with a suitable standard of living.

The Committee observes from the information provided by the Government that the monthly amount of financial support for a family with two members is equal to EUR 76.20 and the monthly amount of child allowance is EUR 19 for a beneficiary of financial support (sections 31(2) and 44(1) of the Act on Social and Child Protection). In addition, according to the Government, a lump-sum payment of EUR 130.88 is provided for a new-born child to women with low or no income. The Committee therefore observes that the total amount of the benefits paid to women who do not qualify for social insurance maternity benefit during the statutory maternity leave of 14 weeks is equal to EUR 416.48 or EUR 138.82 per month. The Committee observes that this amount is below the national absolute poverty line, which corresponded to EUR 186.45 per person per month in 2013 (the latest available data, according to the Statistical Office of Montenegro). In view of the above, the Committee requests the Government to provide information on any additional cash benefits provided to women workers who do not qualify for social insurance maternity benefits, in case of maternity or in respect of their children, to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.

Article 6(7). Medical care benefits. Further to its previous request on maternity medical care benefits, the Committee takes due note of the Government’s indication that, pursuant to section 19(1)(2) of the Act on Compulsory Health Insurance, women are exempted from making co-payments during pregnancy, childbirth and one year after delivery.

Article 8(1). Burden of proof in case of illegal dismissal. Further to its previous request on the burden of proof in case of dismissal of pregnant and breastfeeding women, the Committee takes due note of the provisions of section 142(4) of the Labour Act, according to which the burden of proving the existence of a just cause for the termination of the employment contract shall rest with the employer.

Article 10(2). Breastfeeding breaks. Further to its previous request on nursing breaks, the Committee takes due note that, pursuant to section 129 of the Labour Act, an employed woman is entitled to nursing breaks for two hours per day until a child reaches the age of one year and that the nursing breaks count as working time.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Montenegro on 8 January 2019 and 26 December 2020, respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f), 2 and 3. Definitions and scope of application. Seafarers. In its previous comments, the Committee requested the Government to indicate how it had ensured that the protection afforded by the Convention was guaranteed to all seafarers working on ships flying its flag, in accordance with Article II, paragraph 1(f). The Committee notes the Government’s indication that, according to Maritime Navigation Safety Law, section 6 item 27, “seafarer” refers to any person who is employed or performs the service or who works in any capacity on a ship or yacht intended for commercial activity. The Committee takes note of this information.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. In its previous comments, the Committee requested the Government to provide further explanations on the definition of ship. While the Government refers to the Rulebook on the categories of navigation of ships (Official Gazette of Montenegro (OGM), No. 22/2015 of 4 May 2015), the Committee notes that this text does not contain the definition of ships of limited area of navigation, for which paragraph 35.11 of the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16 of 29 December 2016) foresees some exemptions. The Committee requests the Government to provide detailed information on this category of ships. The Committee further requested the Government to indicate how it ensured that the protection afforded by the Convention was guaranteed to seafarers working on yachts ordinarily engaged in commercial activities and ships engaged in domestic voyages. Noting that no answer has been provided in this respect, the Committee requests the Government to indicate the measures taken to ensure that the measures implementing the Convention apply to these categories of ships.

Article VII of the Convention. Consultations. In its previous comments the Committee requested information on the implementation of this requirement of the Convention. The Committee notes the Government’s indication that consultations with representatives of all relevant institutions are conducted during the drafting of laws and bylaws, through the work of the relevant working groups and through public hearing. Proposals for legislation are submitted for opinion to the relevant institutions. While noting this information, the Committee requests the Government to specify if it conducts consultations with shipowners’ and seafarers’ organization as required by Article VII of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting the Government’s indication that its national legislation does not contain a prohibition of employment of seafarers under 18 where the work is likely to jeopardize their health or safety and that the types of such work are yet to be determined, the Committee requested the Government implement Standard A1.1, paragraph 4. The Committee notes the Government’s indication that companies satisfy this regulation through Safety Management System Manuals procedures which set the minimum age for employment at 18 years old. It also notes the Government’s reference to sections 154 and 157 of the Maritime Navigation Safety Law. Noting, however, that sections 154 and 157 of the Maritime Navigation Safety Law do not comply with the requirement of the Convention, the Committee requests the Government to adopt without delay the necessary measures to give effect to Standard A1.1, paragraph 4.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee requested the Government to indicate how it gives effect to this requirement of the Convention. The Committee notes the Government’s reference to the provisions of section 108 of the Maritime Navigation Safety Law. The Committee, however, has not identified provisions requiring completion of the training for personal safety on board ship for all seafarers as defined in section 108 of the Maritime Navigation Safety Law. The Committee therefore requests the Government once again to indicate how it gives effect to this requirement of the Convention.

Regulation 1.4, paragraph 1, and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. Standardized system for licensing or certification. The Committee requested the Government to indicate how it gives effect to these requirements of the Convention. In this regard, the Committee notes the Government’s reference to section 163 of the Maritime Navigation Safety Law. The Committee notes however that the existing legislation does not seem to give to Standard A1.4, paragraph 5(a) (prohibition of blacklisting); Standard A1.4, paragraph 5(c)(ii) (ensuring that seafarers examine their employment agreements before and after they are signed, and receive a copy of the agreements); Standard A1.4, paragraph (c)(iv) (protection of seafarers in foreign ports); and Standard A1.4, paragraph (c)(vi) (system of protection). The Committee accordingly requests the Government to adopt the necessary measures to implement these requirements of the Convention.

Regulation 1.4 and Standard A1.4, paragraph 6. Recruitment and placement. Supervision of services. The Committee requested the Government to provide information on the operational functioning of the licensing system and the supervision of the seafarers’ recruitment and placement services operating in Montenegro in conformity with requirements of Standard A1.4. The Committee notes that the Government refers to section 163 of the Maritime Navigation Safety Law. The Committee notes that this section nor other further provisions contain the requirement of Standard A1.4, paragraph 6, regarding close supervision and control of the recruitment and placement services operating in the territory of Montenegro. The Committee accordingly requests the Government to indicate the measures taken in this respect.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee requested the Government to indicate the measures adopted to ensure application of this requirement of the Convention. The Committee notes that the Government refers to section 167 of the Maritime Navigation Safety Law, which, however, deals with on-board complaint procedures and does not address procedures for investigation of complaints concerning the activities of seafarer recruitment and placement services as per requirements of Standard A1.4, paragraph 7. The Committee therefore reiterates its previous request.

Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee requested the Government to indicate the measures adopted to ensure application of Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10, relating to the shipowners using recruitment and placement services that operate in countries that have not ratified the Convention. Noting the Government’s indication that there are no corresponding legal provisions, the Committee requests the Government to adopt the necessary measures to give effect to these requirements of the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreement. Noting that section 153 of the Maritime Navigation Safety Law regulates employment agreements for work on ships engaged in international voyage, the Committee requested the Government to indicate the measures taken to ensure that seafarers engaged in domestic voyages are covered by Regulation 2.1 and the Code. The Committee notes the Government’s indication that there are no provisions related to domestic voyages in its national legislation. The Committee accordingly requests the Government to adopt the necessary measures to ensure that seafarers on board all ships covered by the Convention benefit from the protection provided by Regulation 2.1 and the Code.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. Noting that section 153 of the Maritime Navigation Safety Law, which provides for the opportunity to examine the seafarers’ employment agreement (SEA) before its signature, does not foresee that seafarer shall also be given an opportunity to seek advice on the agreement before signing it, the Committee requested the Government to indicate how it gives effect to this requirement of the Convention. Noting that the Government refers to the same section of the aforementioned Law, which remains unchanged in this respect, the Committee requests the Government to indicate the measures taken to give full effect to Standard A2.1, paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee requested the Government to indicate the measures taken to prescribe the matters to be included in the SEA in conformity with Standard A2.1, paragraph 4(a)–(j). Noting the Government’s reference to section 153 of the Maritime Navigation Safety Law, which remains unchanged in this respect, the Committee requests the Government to take the necessary measures to bring its legislation into conformity with Standard A2.1, paragraph 4(a)–(j).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Shorter notice period for urgent reasons. The Committee requested the Government to indicate how it gave effect to this requirement of the Convention. The Committee notes the Government’s reference to section 153 of the Maritime Navigation Safety Law, as well as to section 6, paragraph 3 of the “Collective agreement for seafarers engaged on cargo vessels” foreseeing a number of circumstances in which a seafarer can terminate the employment contract. The Committee notes, however, that these texts do not foresee the possibility for a seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons in conformity with the provisions of Standard A2.1, paragraph 6. The Committee accordingly requests the Government to take the necessary measures to give effect to this requirement of the Convention (Standard A2.1, paragraph 6).

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee requested the Government to indicate the relevant laws or regulations adopted to fully implement Standard A2.2, paragraph 5. The Committee notes that the Government indicates that wages for seafarers are paid in euro and refers to section 165 of the Maritime Navigation Safety Law. The Committee notes however that this section does not appear to include the requirements of Standard A2.2, paragraph 5. The Committee accordingly requests the Government to adopt the necessary measures to comply with this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee previously noted that sections 154 and 155 of the Maritime Navigation Safety Law define, respectively, the maximum number of hours of work and the minimum number of hours of rest. Noting that this Standard should not be interpreted as to give shipowners or masters the choice of regimes, the Committee requested the Government to explain how it ensures that the maximum hours of work and minimum hours of rest under sections 154 and 155 of the Maritime Navigation Safety Law are fixed and not subject to selective application by shipowners or masters. The Committee notes the Government’s indication that companies in Montenegro define hours of work and hours of rest through the Collective Agreement for the seafarers engaged on companies’ vessels. It also notes the Government’s indication that according to section 10 of the Collective Agreement, “each seafarer shall have a minimum of 10 hours rest in any 24 hours period, that is 77 hours in any 7 day period”. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraph 4. Hours of work and hours of rest. Danger of fatigue. The Committee requested the Government to provide information on how, in determining the national standards related to hours of work and hours of rest, it had taken account of the danger posed by fatigue of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship. The Committee notes the Government’s reference to section 155 of Maritime Navigation Safety Law prescribing provisions regarding hours of work and aiming at avoiding seafarers’ fatigue. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On call work. The Committee requested the Government to provide information on the measures taken to implement Standard A2.3, paragraph 8, which ensures that a seafarer has regulated hours of rest in instances when a she/he is on call, such as when a machinery space is unattended, and that she/he has an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. Noting that no such provisions are contained in section 155 of Maritime Navigation Safety Law to which the Government refers, the Committee reiterates its previous request.

Regulation 2.4, paragraph 2. Shore leave. The Committee requested the Government to indicate the laws or regulations adopted to give effect to this requirement in relation to all seafarers covered by the Convention. The Committee notes the Government’s reference to section 156 of Maritime Navigation Safety Law, which, however, does not address the issue of shore leave. The Committee accordingly requests the Government to adopt the necessary measures to give effect to Regulation 2.4, paragraph 2.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. While noting that this issue was regulated through the Safety Management System, the Committee requested the Government to indicate the measures taken to give full effect to this requirement of the Convention. The Committee notes the Government’s reference to section 156 of the Maritime Navigation Safety Law, which, however, does not address the prohibition of any agreements to forgo the minimum annual leave with pay. The Committee therefore requests the Government to adopt the necessary measures to fully implement Standard A2.4, paragraph 3.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b) and (c). Repatriation. Maximum period of service on board. Entitlements. The Committee requested the Government to indicate the measures taken to prescribe these requirements. The Committee notes that the Government refers to the same provisions that were previously examined with the first report. The Committee reiterates that the existing legislation does not reflect the detailed requirements of Standard A2.5.1, paragraph 2(b) and (c), including the maximum duration of service periods on board following which a seafarer is entitled to repatriation (such periods to be less than 12 months). The Committee accordingly requests the Government to adopt the necessary measures to implement these requirements of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Prohibition of advance payment and to recover costs from seafarers. In its previous comment, the Committee requested the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer can be found to be in “a serious breach of the employment agreement” pursuant to Standard A2.5.1, paragraph 3. Noting that the Government has not provided an answer to its previous request, the Committee reiterates its request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to section 127 of the Maritime Navigation Safety Law, providing that ship operator shall obtain insurance coverage or other financial security to cover repatriation costs for crewmembers. The Committee further notes that the submitted example of Certificate of insurance in respect of seafarer repatriation costs and liabilities as per Regulation 2.5 and Standard A2.5.2 contains the information required by Appendix A2-I. The Committee also notes that section 153 of the Maritime Navigation Safety Law transposes the main requirements of the Regulation 2.5 and Standard A2.5.2. The Committee takes note of this information.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee requested the Government to provide information on any concrete measures taken in this regard. The Committee notes the Government’s indication that there are no corresponding legal provisions in this respect. The Committee requests the Government to provide information on any developments regarding the adoption of national policies that encourage career and skill development and employment opportunities for seafarers.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee requested the Government to indicate the measures taken to comply with the following requirements: prohibiting sleeping rooms to be situated below the load line of the vessel (Standard A3.1, paragraph 6(c)); requirement to provide separate sleeping rooms for men and for women (Standard A3.1, paragraph 9(b)); requirement of a separate berth for each seafarer (Standard A3.1, paragraph 9(d)); requirement of a table or desk and seating accommodation for the sleeping room (Standard A3.1, paragraph 9(o)); requirement for the mess rooms to be located apart from the sleeping rooms (Standard A3.1, paragraph 10(a)); requirement regarding separate sanitary facilities for men and women (Standard A3.1, paragraph 11(a)). The Committee notes that the Government refers once again to Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM, No. 82/2016 i 26/2017) which, however, does not seem to address the specific requirements of the Convention. Recalling that the competent authority of each Member shall require that ships that fly its flag meet the minimum standards for on-board accommodation and recreation facilities that are set out in Standard A3.1 paragraphs 6–17 (Standard A3.1, paragraph 5), the Committee requests the Government to adopt the necessary measures to give effect to the above-mentioned provisions of the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Requirements for ships constructed prior to the entry into force of the MCL, 2006. Noting that Montenegro has ratified the Accommodation of Crews Convention (Revised), 1949 (No. 92), the Committee requested information as to how the relevant requirements of this Convention apply with respect to matters relating to construction and equipment for ships constructed prior to the entry into force of the MLC, 2006, for Montenegro. In this regard, the Committee notes the Government’s reference to the provisions of Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel OGM, No. 82/2016 i 26/2017). The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 2. Accommodation and recreational facilities. Implementation. The Committee requested the Government to indicate the measures taken to give effect to Regulation 3.1 and Standard A3.1, paragraph 2(a). Noting the Government’s general reference to Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM No. 82/2016 i 26/2017) the Committee reiterates its previous request.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee requested the Government to provide information on how it ensures that the total floor space area of the sleeping rooms comply with the requirements of the Convention and how it facilitates the calculation in practice. The Committee further noted the requirement of larger floor spaces for the sleeping rooms of the master and the cockpit officer in paragraph 34.6 of the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel. The Committee requested the Government to indicate the measures taken to give full effect to this requirement of the Convention. Noting the Government’s general reference to Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM No. 82/2016 i 26/2017) without outlining the appropriate provisions, the Committee reiterates its previous request.

Regulation 3.1 and Standard A3.1, paragraph 18. Accommodation and recreational facilities. Frequent inspections. The Committee requested the Government to indicate the measures taken to give effect to Standard A3.1, paragraph 18. Noting the Government’s general reference to Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM No. 82/2016 i 26/2017) without outlining the appropriate provisions, the Committee requests the Government to adopt the necessary measures to comply with this requirement of the Convention.

Regulation 4.1 and Standard A4.1, paragraphs 1, 2 and 4. Medical care on board and ashore. The Committee requested the Government to provide information on the adoption by the Ministry of the measures giving effect to the health protection and medical care requirements under Standard A4.1, paragraph 1(a), (b), (d) and (e), (special provisions specific to work on board ship; prompt access to the necessary medicine; medical care provided free of charge; measures of a preventive character). The Committee also requested the Government to indicate the measures taken to adopt a standard medical report form as per Standard A4.1, paragraph 2, as well as regulations in relation to medicine chest, medical guide, obligation to carry a qualified medical doctor or one seafarer on board who is in charge of medical care (Standard A4.1, paragraph 4(a)–(c)). The Committee notes the Government’s reference to the provisions of Ordinance on detailed conditions regarding stocks of medicines and medical devices for providing medical assistance on ships entered into force on 25 October 2018, prescribing obligations as to medical equipment, stock of medicines to be available on board, its revision and instructions for use. The Committee also notes that the amended section 49 of the Maritime Navigation Safety Law and section 199, paragraph 50 foresee obligation to carry a qualified medical doctor as per requirements of Standard A4.1, paragraph 4 (b), as well as appropriate penalties for non-compliance. The Committee takes note of this information, which partially addresses its previous request. In absence of a Government’s response on the other questions previously raised, the Committee requests the Government to indicate how it ensures that medical care is provide free of charge to seafarer while he/she is on board ship (Standard A4.1, paragraph (d)). The Committee further requests the Government to indicate the measures taken to adopt a standard medical report form as per Standard A4.1, paragraph 2, as well as to adopt national laws and regulation requiring on board at least one seafarer in charge of medical care and administering medicine for ships which do not carry a medical doctor (Standard A4.1, paragraph 4(c)).

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee requested the Government to inform whether the medical advice is provided free of charge to all ships in accordance with Standard A4.1, paragraph 4(d). The Government refers in this regard to the Rulebook on closer conditions regarding the supply of medicine and medical funds for providing medical assistance on ships (published in “Official Gazette of CG”, No. 67/2018 of 17 October 2018, which entered into force on 25 October 2018). The Committee however has not identified a relevant provisions in this regulation. The Committee accordingly reiterates its previous request.

Regulation 4.2 and the Code. Shipowners’ liability. In relation to the 2014 amendments to the Code of the Convention, the Committee notes provisions of the section 153b of the Maritime Navigation Safety Law which prescribes a certain number of requirements as to provision of the financial security system to assure compensation in the event of seafarer’s death, work-related disability, occupational and work-related diseases in conformity with Regulation 4.2 and the Code (such as payment of compensation at a first call; insurance coverage to be held on board and available to seafarers and made in English). The Committee also notes that the example of insurance supplied contains the information required in Appendix A4-I. The Committee, however, has not identified laws or regulations giving effect to Standard A4.2.1, paragraph 1(c) and (d); paragraphs 8(a), (b), (c) and (e), and paragraphs 9 and 10; and Standard A4.2.2, paragraph 3. The Committee accordingly requests the Government to indicate the measures taken to implement these requirements of the Convention. The Committee also requests the Government to provide a copy of a Model Receipt and Release Form for the treatment of contractual claims under Standard A4.2.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee requested the Government to indicate the measures taken to give effect to these requirements of the Convention. The Committee notes the Government’s reference to section 158 of the Maritime Navigation Safety Law as well as to Rulebook on closer conditions regarding the supply of medicine and medical funds for providing medical assistance on ships (“Official Gazette of CG”, No. 67/2018). Noting, however, that section 158 addresses only few requirements of the Regulation 4.3 (as outlined in the Committee’s previous comments) and the Rulebook deals with a different matter – medical care on board (Regulation 4.1), the Committee accordingly requests once again the Government to indicate the measures taken to give effect to the requirements of the Regulation 4.3 and the Code.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee previously requested the Government to indicate any measures taken to give effect to the provisions of Regulation 4.4 and the Code. It notes the Government’s indication that there are no corresponding legal provisions. The Committee recalls that each Member shall ensure that shore-based welfare facilities, where they exist, are easily accessible (Regulation 4.4, paragraph 1) and shall promote the development of welfare facilities in appropriate ports of the country (Standard A4.4, paragraph 2). The Committee requests the Government to indicate the measures taken to give effect to Regulation 4.4 and the Code.

Regulation 4.5 and the Code. Social security. In its previous comment, the Committee requested the Government to (1) provide a copy of relevant bilateral agreements regarding social security of seafarers; (2) explain how it is ensured that all seafarers ordinarily resident in Montenegro and their dependents are granted social security coverage in the branches specified, which is no less favourable than that enjoyed by shoreworkers resident in Montenegro, providing detailed information on the benefits afforded and the relevant national provisions; and (3) provide information on fair and effective procedures for the settlement of disputes relating to social security for seafarers to be established according to Standard A4.5, paragraph 9. Noting that the Government does not provide the requested information, the Committee reiterates its request.

Regulation 5.1.3 and the Code. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. In the absence of the available information as to the implementation of the requirements of the Standard A5.1.3, paragraphs 1–8, the Committee previously requested the Government to indicate how it ensures compliance with these provisions of the Convention. The Committee further requested the Government to indicate the circumstances in which a Maritime Labour Certificate ceases to be valid (Standard A5.1.3, paragraphs 14 and 15; Guideline B5.1.3, paragraph 6) and must be withdrawn (Standard A5.1.3, paragraphs 16 and 17). The Committee notes the Government’s reference to the section 70 of the Maritime Navigation Safety Law, which however does not contain the requested information. The Committee therefore requests once again the Government to indicate how it ensures compliance with the provisions of Standard A5.1.3, paragraphs 1–8, paragraphs 14 and 15; and paragraphs 16 and 17.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee noted that: (i) the Declaration of Maritime Labour Compliance (DMLC), Part I, submitted by the Government, only contained reference to the sections of the applicable legislation, without providing further details on the content of the relevant provisions; and (ii) the example of a DMLC, Part II, contained references to the relevant legislation and documents available on-board, without providing further details as to their content and thus did not identify the concrete measures adopted by the shipowner to ensure ongoing compliance with the national requirements between inspections on board of a given vessel. The Committee accordingly requested the Government to amend these documents to fully comply with the Convention. The Committee notes the Government’s reference to section 51 of the Maritime Navigation Safety Law determining the seaworthiness of a ship, which however does not reply to its previous request. The Committee further notes that two examples of the DMLC, Part I provided by the Government do not contain concise information on the main content of the national requirements as required by Standard A5.1.3, paragraph 10(a). The Committee therefore reiterates its previous request.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee previously requested the Government to indicate the measures taken to implement the requirements of Regulation 5.1.4 and the Code. The Committee notes the Government’s reference to relevant provisions of the Maritime Navigation Safety Law, which refer to maritime safety inspectors and labour inspectors. The Committee requests the Government to clarify which inspectors conduct flag state inspections and to indicate the guidance they receive including their powers, status and independence necessary to enable them to carry out the verifications (Standard A5.1.4, paragraphs 3, 7, 9–11). Further noting that the Government has not provided information on how it implements other requirements of the Regulation 5.1.4 and the Code (flag state inspections at regular intervals; submission of the report of each inspection to the competent authority and a copy posted on board; compensation in case of the wrongful exercise of the inspectors’ powers), the Committee requests once again the Government to indicate the measures taken to implement these requirements of the Convention.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee requested the Government to indicate the measures taken to implement requirements of Regulation 5.1.5 and the Code. The Committee notes the details information provided by the Government regarding on-board complaint procedures. The Committee has however not identified provisions under which victimization of seafarers for filing a complaint is prohibited and penalized (Regulation 5.1.5, paragraph 2). The Committee accordingly requests the Government to indicate the measures taken to implement this requirement of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. In the absence of the available information regarding the functioning of the onshore complaint-handling procedure in Montenegro, the Committee requested the Government to inform how it implements in practice the provisions of Regulation 5.2.2 and Standard A5.2.2. The Committee notes the Government’s indication that there are no correspondent provisions in its national legislation. The Committee accordingly requests once again the Government to indicate the established onshore complaint procedures, including steps taken to safeguard confidentiality for seafarers calling at its ports who bring a complaint alleging a breach of the requirements of the Convention (Regulation 5.2.2 and the Code).

Additional documentation requested. The Committee notes that the Government had omitted to provide some of the documents previously requested. The Committee would be grateful if the Government would provide the following documents and information : (1) Law on Inspection; (2) a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by its next report; (3) a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7, Guideline B5.1.4, paragraphs 7 and 8), together with a summary in English, French or Spanish if the document is not in one of those languages; (4) a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; (5) example of amended DMLC, Part I, containing concise information on the main content of the national requirements (Standard A5.1.3, paragraph 10(a)); and (6) an example of amended DMLC, Part II reflecting the details on the measures adopted by a shipowner to ensure ongoing compliance with the national requirements as per Standard A5.1.3, paragraph 10(b).

[The Government is asked to reply in full to the present comments in 2024.]

Articles 1 and 2 of the Convention. Gender pay gap. With reference to its previous comments, the Committee notes that Government’s report merely repeats its previous statement, that the Ministry of Human and Minority Rights and MONSTAT are developing a gender equality index, which will measure gender equality in a range from one (complete inequality) to 100 (complete equality) in the areas of work, knowledge, money, health, time and power. It notes that the 2018 edition of the biannual publication Women and Men in Montenegro of the Ministry of Human and Minority Rights and the Statistical Office of Montenegro (MONSTAT) once again does not provide statistics on wages nor does it undertake an analysis of the nature and extent of the gender pay gap. The Committee notes, from the 2017 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the gender pay gap remained high at 16 per cent, resulting in lower pension benefits and a higher risk of poverty for women as compared with men (CEDAW/C/MNE/CO/2, 24 July 2017, paragraph 32). The Committee also notes that the Government, in its 2019 report on the implementation of the Beijing Declaration, declares that in 2019 the gender pay gap dropped by 3 per cent (p. 22). The Committee once again (1) notes that the statistics collected by MONSTAT on wages for 2012-2019 are still not sex-disaggregated and (2) recalls that an analysis of the position and pay of men and women in all job categories, within and between the various sectors, is required to address fully a persisting remuneration gap between men and women. The Committee also refers to its 2012 General Survey on the fundamental Conventions and its general observation of 1999, which provides specific guidance on the type of statistics, disaggregated by sex (see General Survey of 2012 on the fundamental Conventions, paragraph 888). The Committee therefore once again asks the Government to take the necessary steps to collect and analyze statistics disaggregated by sex on the levels of remuneration received by men and women in the public and private sectors, and report on the progress made in this regard. It again asks the Government to provide information on the progress made in developing the new index on gender equality and in ensuring that the joint publication of the Ministry and MONSTAT, “Women and Men in Montenegro”, also addresses gender differences in wages. It further asks the Government to take measures to (i) reduce the gender pay gap, in particular in sectors in which women are predominantly employed, to ensure their work is not undervalued, (ii) to address its underlying causes, and (iii) to provide information on the results achieved to this end.

Article 2. Minimum wages and collective agreements. The Committee notes the Government’s indication that, following an initiative by workers’ unions, the minimum wage was increased by Decision No. 033/19 of 14 June 2019. The Committee notes that under section 186(1) of the new Labour Law of 2020, “general, branch and collective agreements with the employer shall be registered with the Ministry, and the general and branch collective agreements shall be published in the Official Journal of Montenegro”. Noting the lack of information provided in this regard, the Committee once again asks the Government to provide: (i) information on any measures taken to promote the principle of the Convention, in both the private and public sectors; (ii) information on the concrete measures taken to ensure that the principle of the Convention is taken into account in the context of collective bargaining, in particular, with regard to individual agreements at the enterprise level, ; and (iii) copies of the General Collective Agreement and branch collective agreements in branches of activity, containing provisions relating to wages, which were indicated as attached to the Government’s report but which the Committee has not received.

Article 3. Objective job evaluation. The Committee recalls that, under the Law (No. 16/16) on salaries of employees in the public sector of 2016, determination of salaries is based on the following principles: (1) uniformity of salaries for work in the same or similar positions or positions that require the same level or sublevel of qualifications; (2) transparency of earnings; and (3) fiscal sustainability of earnings (section 5). In this regard, the Committee recalls that the concept of equal remuneration for work of equal value between men and women workers entails a broad scope of comparison, including, but going beyond, the “same” or “similar” work, and also encompasses work that is of an entirely different nature (including under different conditions and even in different establishments), which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraph 673). Noting that the Government has not provided the information requested, the Committee once again asks the Government to provide more detailed information on how Law No. 16/16 ensures that the pay system in the public sector implements fully the principle of the Convention. Recalling the importance of ensuring that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, the Committee again asks the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

Enforcement. The Committee notes the Government’s indication that in the period considered, no complaints involving the principle of equal pay for work of equal value have been detected by the labour inspectorate. The Government highlights that such infringements of the principle of the Convention are not easily detectable by labour inspectors during inspections. Recalling the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances, the Committee requests the Government to provide information on any specific training programmes developed to enhance the labour inspector’s capacity to handle wage discrimination cases. The Committee further requests the Government to provide information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as judges and other officials responsible, particularly on the new provisions of the Labour Code, for ensuring the implementation of the principle set out in the Convention in practice. Finally, noting the lack of information provided in this regard, the Committee once again asks the Government to provide information on the number and nature of cases dealt with by the courts or by the Agency for Peaceful Settlement of Labour Disputes, which relate specifically to complaints concerning the principle of equal remuneration for work of equal value.

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous request, the Committee noted that, while the Labour Law of 2011 explicitly provides, in section 77(2), for the principle of equal remuneration for work of equal value by guaranteeing each employed man or woman an equal wage for equal work or work of the same value performed with an employer, section 77(3) of the same Law continues to limit the concept of work of equal value to the same level of education, or professional qualifications, responsibility, skills, conditions and results of work. The Committee also drew the Government’s attention to the fact that the expression “with an employer” in section 77(2) of the Labour Law limits the application of the principle of equal remuneration to workers employed by the same employer. The Committee notes the adoption of the new Labour Law in 2020 and that section 99 provides for the principle of equal remuneration for work of the same value. However, the Committee notes with regret that sections 99(1) and 99(2) have the same wording as the previous sections 77(1) and 77(2) of the Labour Law 2011. The Committee therefore once again recalls that the concept of work of equal value entails comparing the relative value of jobs or occupations that may involve different types of skills, responsibilities or working conditions that nevertheless are of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 673, 675, and 677). The Committee urges the Government to take the necessary steps to amend the Labour Law of 2020 in order to give full legislative expression to the principle of the Convention, and to ensure that comparison between the value of jobs or occupations can involve different employers and also different types of skills, responsibilities or working conditions that nevertheless are of equal value. It also requests the Government to provide information on all measures taken to this end.

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

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted the various legislative amendments to the Law on Gender Equality of 2007 and the Law on the Prohibition of Discrimination of 2010 (amended in 2014 and 2017). In this regard, the Committee notes the Government’s indication, in its report, that the amendments to the Law on Gender Equality 2007 extended the scope of sanctions concerning gender discrimination and violations of the principle of equal treatment of men and women in certain areas of life, including discrimination against women due to pregnancy. The Government indicates that in 2018, 146 cases were completed and nine were transferred to 2019, but the Committee notes that no detail is given concerning to number of cases dealing specifically with discrimination in employment and occupation nor on the findings of the courts and the sanctions imposed. Further, the, the Committee takes notes of the information provided by the Government, in its report, on the application in practice of the legislation, including on the number of cases examined by the courts in 2017 and 2018. However, the Committee notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that despite the solid legislative framework in place, concerns remain about the limited impact of the legislation which may point to a lack of implementation and of the political will to prioritize gender equality and non-discrimination, as well as to the inadequacy of the capacity-building conducted on gender equality and on the prohibition of discrimination on the basis of sex. The CEDAW also expresses concern about the small number of complaints about discrimination on the basis of sex or gender filed with the Protector of Human Rights and Freedoms and the absence of any such complaints filed with the Supreme Court (CEDAW/C/MNE/CO/2, 24 July 2017, paragraph 10). The Committee asks the Government to step up its efforts in ensuring the full implementation of the legislative framework on the prohibition of discrimination, especially with regard to women’s right to non-discrimination in employment and occupation, and to provide information on the measures taken in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that the Law on the Prohibition of Discrimination of 2010 (section 7(2)), the Law on Gender Equality of 2007 (section 7(8)) and the Labour Act of 2008 (section 8(3)) all provide different definitions of sexual harassment. The Committee asked the Government to examine the possibility of harmonizing these definitions. It notes the Government’s indication that, in cooperation with the ILO, it has been working on a draft Labour Law defining and prohibiting sexual harassment at work and in all areas of employment. The Committee notes the adoption and enactment of the new Labour Law in January 2020, and notes that section 10(1) prohibits sexual harassment at work and in relation to work “regarding all aspects of employment, i.e. recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship”. Section 10(3) defines sexual harassment as constituting “any unwanted verbal, non-verbal or physical conduct of a sexual nature intended to or actually undermining the dignity of a person seeking employment, as well as an employed person, particularly when such behavior causes fear or creates a hostile, humiliating, intimidating, degrading or offensive environment”. The Committee notes with regret that while section 10(3) defines hostile work environment sexual harassment, the definition does not include explicitly quid pro quo sexual harassment, that is cases where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job. Further, the Government indicates that no motions concerning sexual harassment were submitted to the Agency for the Peaceful Resolution of Labour Disputes. With regard to court cases, the Government reports on only one case of mobbing in relation to sexual harassment, and informs the Committee that mobbing is the only type of dispute categorized when registering court cases in the information system. The Government states that a review of the judicial information system is underway and, once completed, data on the number of cases regarding sexual harassment will be available. The Committee asks the Government to: (i) consider amending the new Labour Law to also define and prohibit explicitly quid pro quo sexual harassment; (ii) indicate whether section 7(2) of the Law on the Prohibition of Discrimination of 2010 and section 7(8) of the Law on Gender Equality of 2007 are still in force; and (iii) consider harmonizing the definitions of sexual harassment throughout its legislative framework. The Committee also reiterates its request to the Government to: (i) report on steps taken at the national level to actively prevent and address sexual harassment at work, including any awareness-raising activities; and (ii) provide information on any cooperation with workers’ and employers’ organizations in this regard. Finally, welcoming the Government’s initiative to modernize the judicial information system, the Committee hopes that the Government will soon be in a position to provide more detailed information on the number and nature of cases brought to the attention of the competent authorities relating to sexual harassment, and their outcome.

Article 1(2). Inherent requirements of the job. The Committee recalls that section 2 of the Law on the Prohibition of Discrimination of 2010, as amended, allows for exceptions to the general prohibition of direct and indirect discrimination in cases where the act, action, or omission are objectively and reasonably justified by a legitimate purpose. The Committee notes the Government’s indication that a new section 2(a) was introduced to the Law on the Prohibition of Discrimination of 2010, which provides for exceptions to the general prohibition of direct and indirect discrimination in certain circumstances, detailed in subparagraphs (1) to (7). In subparagraph (1), it will not be considered discrimination “when such a treatment is prescribed by the law in order to preserve health, safety of citizens, maintain public order and peace, prevent criminal offences and protect rights and freedoms of others, if the used means are appropriate and necessary to achieve some of those objectives in a democratic society and are proportionate to the objective that should be achieved with such measures”. Subparagraph (7) considered that a difference made “on the grounds of citizenship in accordance with special regulations” does not amount to discrimination. Section 2(a) specifies that for subparagraphs (1) and (7), treatment not be deemed to be discrimination, “shall be determined in proportion to the objective and purpose for which they are determined, if the means for achieving that objective are proportionate and necessary”. The Committee notes, that the new section 2(a) of the Law on the Prohibition of Discrimination of 2010 did not introduce significant changes from the previous provision. The Committee therefore once again recalls that Article 1(2) of the Convention, which provides that a distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination, is to be interpreted restrictively and on a case-by-case basis, and that any limitation must be required by the characteristics of the particular job, in proportion to its inherent requirements (see General Survey on the fundamental Conventions, 2012, paragraphs 827 and 828). Therefore, in order to assess whether Article 1(2) of the Convention is applied in a restrictive manner, the Committee once again asks the Government to provide information on the interpretation and application of the exceptions provided for in sections 2(a) of the Law on the Prohibition of Discrimination of 2010, as amended, such as examples of cases in which these exceptions have been used.

Article 2. Equality of opportunity for men and women. In its previous comment, the Committee requested detailed information on the concrete steps taken within the framework of the Action Plan on Gender Equality (2017–21) and on the activities of the new National Gender Equality Council. It also asked the Government to provide information on the implementation of the Strategy for the Development of Women’s Entrepreneurship, and on the progress made. According to the Government, an analysis of the implementation of the Action Plan on Gender Equality 2017–21 shows that about 70 per cent of the planned measures have been implemented fully or continuously, which indicates that there is a positive trend in the implementation of gender equality policies. The Committee notes the Government acknowledgement that, although institutional mechanisms for gender equality in Montenegro have been improved in the last five years: (1) women continue to face various forms of discrimination in the political, social and economic spheres; and (2) there is still a small number of complaints on discrimination based on sex and gender despite the solid legislative framework of Montenegro for the elimination of discrimination against women. In addition, the Government states that municipalities do not have enough resources to establish their own structures to adopt and effectively implement local plans for achieving gender equality. In light of the above, the Committee wishes to recall the importance of regularly monitoring and assessing the results achieved within the framework of the national equality policy with a view to reviewing and adjusting existing measures and strategies and identifying any need for greater coordination between measures and strategies and between competent bodies in order to streamline interventions. The Committee asks the Government to: (i) continue its efforts in the implementation of the Action Plan on Gender Equality (2017–21) and the Strategy for the Development of Women’s Entrepreneurship; and (ii) provide information on the steps taken to this end. It also asks the Government to undertake an evaluation of the impact of the measures, taken under both the Action Plan and the Strategy, to improve women’s equal access to employment and occupation. Noting that the Government has not provided information in this regard, the Committee once again asks the Government to provide information on the activities of the National Gender Equality Council.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that according to the Government, Roma and Egyptian people went from representing 3.5 per cent of the unemployed in 2016, to 1.9 per cent in 2018. The Committee takes notes of the detailed Action Plan for the implementation of the Strategy for the social inclusion of Roma and Egyptians in Montenegro, including the appointment of associates, to act as mediators in the communities, to foster better awareness of these populations on their right to work, and the importance and manner of registering for unemployment. The Committee notes, however, from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination, that Roma and Egyptians are over-represented in informal employment and unskilled jobs, and their attendance rate in preschool, primary and secondary education remain low compared to the rest of the population (CERD/C/MNE/CO/4-6, 19 September 2018, paragraphs 14 and 16). The Committee asks the Government to: (i) continue its efforts in ensuring that Roma and Egyptians enjoy equal opportunities in all aspects of employment and occupation; and (ii) undertake an evaluation of the impact of the measures taken under the Strategy for social inclusion of Roma and Egyptians in Montenegro for the period 2016–20, in the labour market for Roma and Egyptian men and women, and to provide information to this end. Noting that the Government has not replied to its request in this regard, the Committee once again asks it to provide information on the application in practice of section 17 of the Law on the Prohibition of Discrimination of 2010, as amended, including on any cases brought before the competent authorities involving the Roma and Egyptian populations.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Special measures. Restrictions on women’s employment. The Committee recalls that, for a number of years, it had been drawing the Government’s attention to the fact that section 104 of Labour Law No. 49/08, which provides that “an employed woman … shall not work in a job position with prevailing hard physical labour, works under ground or water, or a job involving tasks that can have a detrimental effect on and an increased risk for [her] health and life”, may give rise to violations of the principle of equality of opportunity and treatment. The Committee notes with interest that the new Labour Law has removed this restriction on women’s employment.

Enforcement. The Committee notes the information provided by the Government on the cases registered by the labour inspectorate between 2016 and 2019. It notes the low number of cases regarding discrimination and recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey on the fundamental Conventions, paragraphs 870 and 871). The Committee therefore encourages the Government to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination. It also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee further asks the Government to continue providing information on the number and nature of complaints which relate specifically to discrimination based on the grounds set out in the national legislation, the sanctions imposed and the remedies provided.

Employment trends and impact of COVID-19 pandemic. The Committee notes that, according to the Decent Work Country Program for the period 2019-2021 adopted in 2018, before the onset of the COVID-19 pandemic, unemployment had declined from 19 per cent in 2007 to 14.2 per cent in the third quarter of 2018. Furthermore, the employment rate had steadily grown from 47 per cent in 2006 to 58.2 per cent in the third quarter of 2018. However, the share of long-term unemployment remained very high (80 per cent of all unemployed), there were also elevated levels of youth unemployment and inactivity, high informality, and continued emigration (emigrants represent 20 per cent of the resident population). The Committee also notes that, according to the 2020 European Commission Assessment of the Economic Reform Programme (ERP) of Montenegro for the period 2020-22, geographical disparities are large and disproportionately affect the northern region (the unemployment rate in the northern regions is up to nine times higher than in the coastal region). At the same time, the coastal region relies heavily on tourism.

The Committee further notes from the ILO Rapid Assessment of the Employment Impact of the COVID-19 pandemic on Montenegro and Policy Responses, that already in April 2020 registered unemployment increased by 6.2 per cent compared with the same month in 2019 and jumped by over 4,500 workers (57 per cent of them women) compared with March 2020. In this context, the Committee notes the series of policy measures adopted by the Government to prevent and mitigate the negative economic and social consequences of the crisis, such as measures to support enterprises and business continuity (including deferred payment of customs debt, and the provision of bank guarantees to ensure liquidity and loans, as well as credit lines for medium and small enterprises (SMEs)). The Committee also notes that employment retention measures were announced and undertaken relatively early during the lockdown (such as subsidies of 70 per cent of the gross minimum wage for employees on paid leave and/or in quarantine or isolation). In addition, access to unemployment benefits, social protection and paid leave were extended. The Committee further notes that, according to the ILO Rapid Assessment, social partners’ proposals are integrated in the measures taken or envisaged. In this regard, the Committee recalls the comprehensive guidance provided by international labour standards and draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee requests the Government to provide detailed updated information on the impact of the COVID-19 pandemic on the labour market, including statistical information, disaggregated by age and sex, on the size and distribution of the labour force, rates of employment, unemployment and under employment in all parts of the country. The Committee also requests the Government to indicate the manner in which the pandemic and the measures adopted to mitigate its effects have affected the implementation of the objectives of the Convention.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. In reply to the Committee’s previous comments, the Government recalls that the 2016-20 National Strategy for Employment and Human Resources Development aims at creating optimal conditions for employment growth and human resource development in Montenegro. The Committee also notes that the DWCP includes among its key objectives: the creation of favourable conditions for employment and sustainable entrepreneurship and the formalisation of the informal economy. It also contemplates the adoption of measures to reduce skills mismatch, in particular among young persons and to improve the efficiency of labour market institutions. Furthermore, the Committee notes the adoption of the Economic Reform Programme (ERP) for the period 2020-22, in line with the new approach of the European Union (EU) to the economic dialogue with candidate countries and potential candidate countries to the Union membership. The ERP’s objectives are consistent with those of the DWCP. The ERP also contemplates the elaboration and adoption of the National Employment Strategy 2021-24 in 2020. Moreover, the Committee notes that, according to the DWCP, the Government has been working in the elaboration of a new employment legislation. The Committee requests the Government to continue to provide detailed updated information regarding the policies and measures to promote full, productive and freely chosen employment developed and implemented in the framework of the National Strategy for Employment and Human Resources Development (2016–20), the ILO Decent Work Country Programme (DWCP) 2019-21, the Economic Reform Programme (ERP) and how they are coordinated with other economic and social objectives. It also requests the Government to provide information on the progress made towards the adoption of the new employment legislation and the National Employment Strategy 2021-24 and to provide copies once adopted.

Particular categories of workers. In reply to the Committee’s previous comments, the Government refers to the implementation of measures by the Employment Office aimed at the inclusion of members of Roma and Egyptian communities in active employment measures, such as education and training programmes for adults, public programmes providing direct employment opportunities, and seasonal employment. The Committee notes the information provided by the Government with regard to the number of participants in these active employment measures during the reporting period. In addition, the Government refers to the implementation in 2018 of the pilot programme “Empower me and I will succeed” with the objective of improving the employability and promoting the access to the labour market of members of the Roma and Egyptian communities. The Government reports that 9 women and 4 men participated in the pilot programme. The Committee requests the Government to continue to provide detailed updated information, including statistical information, on the active employment policy measures taken or envisaged to increase the employability and the employment rate of members of the Roma and Egyptian communities in the country. It also requests the Government to continue to provide detailed updated information on the measures taken to extend the reach of active employment programmes to benefit a greater number of persons from these communities.

Young persons. The Committee notes that, according to DWCP, the unemployment rate among young persons (aged between 15 and 24) was 26.8 per cent in the third quarter of 2018, while the EU average was 16.8 per cent. The DWCP highlights that young women are less likely than men to transit to employment and are at higher risk of falling within the category of youth who are not in employment, education or training (NEET). Furthermore, the DWCP highlights that young graduates lack the skills that employers need, and that school-to-work transition is not efficient. It takes on average two years for most young people to enter into stable and satisfactory employment. Against this background, the Committee notes that the Government refers to the continuation of the implementation of the programme of vocational training aimed at reducing unemployment of young persons with higher education and without experience by providing opportunities for additional acquisition of knowledge, skills and competences. The programme also provides inputs to policies of higher education institutions. The Government reports that 50 per cent of the participants continued to work after the expiration of the programme. Furthermore, the Government refers to the implementation of the “Stop Grey Economy” programme, which aims at promoting the participation of young persons in the labour market and preventing their entry into long-term unemployment by strengthening their employability through on-the-job training. The Committee notes the information provided by the Government in relation to the number of participants in the active employment measures implemented during the reporting period to address youth unemployment. The Committee requests the Government to continue to provide detailed updated information on the active employment policies and measures taken to improve the employability of young persons and their integration into the labour market, including policies and measures targeting young university graduates and young persons from less developed municipalities. It further requests the Government to provide detailed updated information on the impact of such measures, including statistical information disaggregated by age and sex.

Informal economy. The Committee notes from the DWCP, that it is estimated that 25 to 33 per cent of employment is informal. The Committee notes that, according to the 2020 European Commission report, in 2017 the Government adopted an action plan to combat the grey economy. Furthermore, in 2018 a Government “Commission for the Suppression of the Grey Economy” was established for the coordination of different actions, encourage cooperation between government bodies and assist local authorities. Its works focused mainly on the tourism sector and undeclared work. The Committee requests the Government to continue providing detailed and updated information on the scope of the informal economy and the measures adopted to facilitate the transition to the formal economy, including the measures adopted within the framework of the “ Action plan to combat the grey economy”, and their impact.

Article 3. Participation of the social partners. In reply to its previous comments, the Committee notes the Government’s indication that the social partners participated in the elaboration of the 2016-20 National Strategy for Employment and Human Resources Development as well as on the formulation of its annual Actions Plans. The Government also indicates that the DWCP for the period 2019-21 was developed in close cooperation with the social partners. The Government indicates in its report that it expects that the implementation of the DWCP will enhance the institutional and technical capacities of the social partners, and the role and functions of the national tripartite Social Council. Furthermore, the Committee notes that the DWCP includes among its policy priorities, strengthening the mechanism of social dialogue and collective bargaining. In this regard, the Committee notes the adoption in July 2018 of the amended Law on the Social Council, which provides for the government’s obligation to seek opinions from the council on important draft legislative and policy measures as part of the consultation process. The Committee notes, however, that according to the DWCP, the impact and influence of this tripartite body is still limited. Although significant effort has been made by social partners to support the government with well researched analysis and evidence-based policy solutions, their recommendations are often not considered. The Committee requests the Government to provide detailed updated information on any development concerning the participation of the social partners in the formulation and implementation of employment policy measures, including those adopted to address the socioeconomic impact of the COVID-19 pandemic.

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

Repetition

Formulation and implementation of education and training policies. Cooperation with the social partners. The Committee notes the adoption of the National Strategy for Employment and Human Resources Development for the period 2016–20, which aims at “creating optimal conditions for employment growth and improving human resources in Montenegro”. The Government indicates that the Strategy places priority on increasing employment, reducing unemployment, promoting the efficient functioning of the labour market, promoting social inclusion and reducing poverty. The Committee notes the various measures taken by the Government in the field of education and training to improve qualifications and competencies required by the labour market, including the activities carried out under the Action Plan for the implementation of the Lifelong Career Orientation Strategy (2017–18). The Committee requests the Government to communicate updated detailed information on the nature, content and impact of the vocational guidance and training programmes developed and implemented with the cooperation of the social partners. The Committee further requests the Government to provide information on the manner in which it ensures effective coordination between vocational guidance and vocational training policies and programmes, on the one hand, and employment and the public employment services, on the other hand. The Committee invites the Government to continue to provide extracts from reports, studies and inquiries and statistical data relating to current policies and programmes of vocational guidance and training.

Article 3(1) of the Convention. Coverage by the vocational training system of groups in vulnerable situations. In its previous comments, the Committee invited the Government to submit updated information with respect to measures taken to promote the development and use of vocational skills among workers in vulnerable situations, as well as to provide information on the evaluation of such measures. The Committee notes the information provided by the Government regarding a series of training programmes seeking to promote inclusion in the labour market of persons in vulnerable situations, including: young people with no practical education, persons with disabilities and those belonging to the Roma and Egyptian population. The Committee invites the Government to continue to provide up-to-date information on the nature and impact of measures taken to encourage groups of workers in vulnerable situations, such as women, workers belonging to ethnic minorities, persons with disabilities, older workers and those working in the informal economy, to develop and use their vocational skills.

Article 4. Lifelong learning. In its previous comments, the Committee requested the Government to provide information on the impact of measures taken to implement adult education, training and lifelong learning reforms and to introduce employment-oriented approaches, particularly with regard to low-skilled workers and the long-term unemployed. The Committee notes that the National Strategy for Employment and Human Resources Development for the period 2016–20 establishes as one of its priorities “Improving Qualifications and Competencies Adapted to Labour Market Needs”. The Government indicates that this priority reflects the objective of promoting the participation of adults in lifelong learning. The Committee notes the Government’s indication that the amendments to the Law on Vocational Education, introduced on 29 June 2017, improved the provisions related to practical education and dual education. The Committee notes a series of measures targeting “hard-to-employ” persons, as defined by the Law on Employment and Exercising of Rights from Unemployment Insurance, and long-term unemployed persons, including public work programmes, adult education and training, professional rehabilitation, training for work with employers as well as training for independent work. The Committee requests the Government to continue to report on the impact of the measures taken in relation to adult education, vocational guidance and lifelong learning, in particular measures targeting low-skilled workers and the long-term unemployed.

The Committee notes the first report of the Government on the application of the Convention. At the outset, the Committee observes that the Government refers to national laws and various technical regulations regarding occupational safety and health, which are of general application and are not specific to dock work. Noting that the information provided in the Government’s report is insufficient as it does not enable the Committee to fully assess the effect given to a number of provisions of the Convention, the Committee requests the Government to provide additional information on the application of the following articles :

Article 3 of the Convention. Definitions. The Committee requests the Government to provide information on the legislative or regulatory provisions that define the terms “competent person”, “lifting appliances” and “loose gear” in accordance with the requirements of Article 3(b), (e) and (f) of the Convention.

Article 4(3). Technical standards and codes of practice. The Committee requests the Government to indicate whether any technical standard or Code of practice governs the practical implementation of the requirements prescribed in pursuance to paragraph 1 of this Article; and to provide a copy of the Rulebook on Occupational Safety and Health at "Luka Bar" AD, No. 3100 of 27 July 2015. Additionally, the Committee requests the Government to specify the manner in which the requirements are implemented in the work of loading or unloading of fishing boats which are excluded from the scope of the Rulebook on Safety Requirements in the Workplace (Official Gazette No.40/15).

Article 7(1). Consultations by the competent authority with the organizations of employers and workers concerned. The Committee requests the Government to specify how workers’ and employers’ organizations are consulted on legislative and regulatory measures to give effect to the Convention.

Article 13(7). Definition of machinery. The Committee requests the Government to provide information on measures that ensure that the term “machinery” includes any lifting appliance, mechanized hatch cover or power-driven equipment.

Article 17 (1)(a), (2) and (3). Specific measures to ensure access to a ship's hold or cargo deck. The Committee notes that the Government refers to Section 137 of the Rulebook on Safety at Work during Loading and Unloading of Cargo which stipulates that the loading and unloading of cargo into a vessel may only be initiated after the vessel has been properly moored to the shore, and after the main stairways have been correctly installed and secured for the arrival and descent of workers from the vessel. The Committee requests the Government to provide additional information on the manner in which the competent authority determines the acceptability of means of access to a ship's hold or cargo deck.

Article 18(1), (2), (3), (4) and (5). Regulations concerning hatch covers. The Committee notes that the Government refers to the Rulebook on Protection Measures during the Use of Work Equipment which provides that the use of work equipment shall include all activities related to starting or stopping the use of work equipment, for example, its handling, transportation, repair, changes that do not change the purpose, maintenance, servicing and specific cleaning. The Committee observes however that the Rulebook is of a general scope. Consequently, the Committee requests the Government to specify measures that govern the use of hatch covers or beams pursuant to this Article of the Convention.

Article 19(2). Closing of hatchways. The Committee requests the Government to indicate whether the legislative or regulatory framework provides for the height and strength of coaming, failing which the hatchway should be closed or its guard replaced when not in use, except during short interruptions of work.

Article 20(2) and (4). Hatch covers secured against displacement; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded. The Committee requests the Government to indicate the legislative or regulatory measures which ensure the application of Article 20(2) and (4).

Article 23. Thorough examination and certification of every lifting appliance and every item of loose gear. The Committee requests the Government to indicate the legislative or regulatory measures which ensure that lifting appliances and every item of loose gear are periodically thoroughly examined and certified, at least every 12 months.

Article 25(1), (2) and (3). Registers of lifting appliances and loose gear. The Committee notes that pursuant to section 38 of the Rulebook on the Procedure and Deadlines for Conducting Periodic Examinations and Testing of Work Equipment, Equipment of Personal Protection at Work and Working Environment Conditions, the legal entity or natural person who has conducted the inspection and tests shall draw up an expert finding or a report on the inspection and test carried out, with the expert’s conclusion on whether the prescribed occupational safety measures have been provided. Furthermore, the Committee notes that section 50(7) of the Law on Health and Safety at Work states that the employer is required to keep and maintain detailed records of examination and testing of work equipment and personal protective equipment; and section 137 of the Rulebook on Safety at Work during Loading and Unloading of Cargo states that if the loading and unloading of cargo from vessels is carried out with cranes or devices installed on the vessel, the loading and unloading of cargo must not be commenced until it is established that devices of the vessel for cargo handling are correct and that they have the appropriate document issued by deadlines prescribed by special regulations. While acknowledging that these provisions may give effect to the Convention, the Committee requests the Government to provide examples of an expert finding regarding work equipment (Records on Proper Functioning Control), if possible with the relevant parts translated into one of the working languages of the Office.

Article 26(1), (2) and (3). Mutual recognition of arrangements for testing and certification of lifting appliances and items of loose gear on a ship. The Committee requests the Government to specify the legislative or regulatory measures which provide for the mutual recognition of arrangements for testing and certification of lifting appliances and items of loose gear on a ship.

Article 36 (1)(a) and (c), and (2). The Committee notes the Government’s reference to the Rulebook on the Manner and Procedure for Performing Previous and Periodical Specialist Medical Examinations of Workers (Official Gazette of SRoM, No. 25/80, 1/81) and to section 19 of the Law on Safety and Health at Work. The Committee requests the Government to provide a copy of the Rulebook on the Manner and Procedure for Performing Previous and Periodical Specialist Medical Examinations of Workers, and to specify the risks inherent to dock work for which an initial or periodical medical examination is carried out. It also requests the Government to indicate the maximum intervals at which periodical medical examinations and special investigations are to be carried out. Furthermore, the Committee requests the Government to indicate any legislative or regulatory measures which ensure that all medical examinations and investigations carried out in pursuance of Article 36(1) shall be free of cost to the dockworkers.

Article 38(2). Minimum age limit for workers operating lifting appliances. The Committee requests the Government to indicate whether the legislative or regulatory measures ensure that only workers of at least 18 years of age with the necessary aptitudes and experience, or a trainee who is properly supervised, can operate a lifting appliance or any other cargo-handling appliances.

Additionally, in the absence of information, the Committee requests the Government to specify any measures giving effect to the following provisions of the Convention:

– Article 9(2). Marking and lighting of obstacles;

– Article 10(2). Manner of stocking goods or material;

– Article 27(2) and (3). Marking lifting appliances with safe working loads;

– Article 28. Rigging plans;

– Article 29. Strength and construction of pallets for supporting loads;

– Article 30. Measures necessary for the raising and lowering of loads.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that 155 controls were carried out by the Labour Inspectorate in the activity of traffic and storage in 2018 and that one injury was reported in the port transport activity. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including information on the number of dockworkers covered by the legislation on occupational safety and health, statistics of the inspection services on the number and nature of the contraventions reported and the resulting actions taken, and the number of occupational accidents and diseases reported in dock work.

COVID-19 pandemic. Termination of employment. The Committee invites the Government to provide information in its next report on the impact of the global COVID-19 pandemic on the application of the Convention.

Article 2(3) of the Convention. Adequate safeguards. In its previous comments, the Committee noted the practice of “fictitious” termination of employment contracts, in which, following the expiration of an employee’s contract of employment, the employer declines to extend it, instead referring the employee to a temporary employment agency, who in turn hires out the services of the employee to the same employer (now characterized as a “user enterprise”). In its prior report, the Government indicated that this practice was giving rise to confusion among employees who brought claims before the Agency for the Peaceful Resolution of Labour Disputes. The Government reports that the new Labour Act (“the 2020 Act”) introduced by Law No. 74/2019, entered into force in Montenegro on 8 January 2020, and that it takes into account the Committee's previous comments on the protection of workers employed by temporary employment agencies. The Committee notes with interest the provisions set out in section 51(4), subsections 2 through 4 of the new Labour Act, which prohibit agreements between the temporary employment agency and the user enterprise for the assignment of employees where they entail: assigning an employee to perform jobs which were declared redundant in the previous six months; assigning an employee who has already been engaged by the user enterprise under an assignment agreement for a period of 24 months; and assigning an employee who has been employed by the user enterprise over the past 24 months. The Government adds that, pursuant to this provision, if such an employee is assigned to a user enterprise after working for the same enterprise (as the former employer) for a period of 24 months, the employee would be entitled to conclude an employment contract with the employer for an indefinite period. The Committee requests the Government to provide information on the manner in which the provisions of the new Labour Act are applied, and their impact on the practice of fictitious terminations as well as on claims brought before the Agency for the Peaceful Resolution of Labour Disputes and the courts.

Article 2(4) and (6). Exclusions. The Committee recalls that foreign workers with temporary residence in Montenegro were previously excluded from coverage under the Convention, pursuant to the Act on the Employment and Work of Foreign Citizens, 2008. It notes in this regard that the 2008 Act was repealed by the Act on Employment and Work of Foreigners, 2016. The Government reports that the 2020 Labour Act applies to all employees, including foreign citizens and stateless persons working with an employer in Montenegro (section 2) and prohibits direct and indirect discrimination on all grounds, including on the basis of nationality (section 7). The Committee welcomes the provisions in the new Labour Act ensuring that all employees, including foreign citizens, enjoy equal protection against unjustified dismissal.

Article 11. Serious misconduct. In response to the Committee’s previous request, the Government indicates that, in the past two years, Montenegrin courts have examined 26 cases reviewing the legality of dismissals for serious misconduct. The Committee notes the Government’s indication that it plans to implement a new judiciary information system (ISP), to replace the existing system (PRIS) to enable the identification of specific types of disputes and thereby improve data collection as well as reporting on the application of international labour standards. Noting that the judicial order referred to by the Government is not attached in its report, the Committee reiterates its request that the Government provide copies of judicial decisions addressing the legality of terminations for serious misconduct.

Application of the Convention in practice. The Committee notes the updated information provided by the Government on the activities of the Agency for the Peaceful Settlement of Labour Disputes. The Government indicates that, in the period from 1 July 2016 to 1 July 2019, 419 claims alleging illegal termination of employment were brought before the Agency. The Committee notes that the majority of the claims – 89 per cent – were resolved by agreement of the parties, 2 per cent of the claims were withdrawn and 9 per cent were suspended. The Committee notes that the dispute settlement procedures provided by the Agency are generally completed in 45 to 65 days. The Committee requests the Government to continue to provide detailed updated information on the manner in which the Convention is applied in practice, including on the number of terminations for economic or similar reasons, the type and number of claims brought before the courts as well as before the Agency for the Peaceful Settlement of Labour Disputes relating to the principles set out in the Convention and their outcomes.

The Committee notes the Government’s first report on the application of the Convention. It also notes that the 2016 amendments to the Annexes of the Convention entered into force for Montenegro on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organisation (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303. The Committee understands that no steps have so far been taken by the Government for the implementation of the specific provisions of the Convention concerning the issuance and verification of SIDs. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government will adopt in the near future the necessary measures to give full effect to all the provisions of the Convention, as amended, taking into account the issues raised below. It requests the Government to provide detailed information on such measures, including a copy of the applicable national provisions. The Committee also requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the Office technical assistance.

Article 1, paragraphs 1 and 2 of the Convention. Scope of application. The Committee notes the Government’s information that the Law on Maritime Safety Navigation (Official Gazette of Montenegro, No. 62/2013, 6/2014, 47/2015 and 71/2017) uses the term seafarer in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) and the Maritime Labour Convention, 2006, as amended (MLC, 2006). In this regard, the Committee refers to its comments on the application by Montenegro of Articles II, paragraphs 1(f), 2 and 3, MLC, 2006 on the definition of seafarer. Noting the Government’s indication that compliance with Convention will be ensured through amending the Law on Maritime Safety Navigation, the Committee requests the Government to provide information on how it ensures that the protection afforded by the Convention is guaranteed to all seafarers as defined under its Article 1.

Article 1, paragraph 3. Application to commercial maritime fishing. The Committee notes the Government’s information that during the amendment process of the Law on Maritime Safety Navigation, it will be determined whether the provisions of the Convention will apply to commercial maritime fishing. The Committee requests the Government to provide information on any developments in this regard.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s statement that by amending the Law on Maritime Safety Navigation, it will ensure compliance with Article 6. The Committee recalls that Article 6 provides that each Member for which the Convention is in force shall permit the entry into its territory of a seafarer holding a valid SID in conformity with the Convention, either for temporary shore leave (Article 6(4)) or for transit and transfer, in this case supplemented by a passport (Article 6(7)). In the framework of the process of amendment of the Law on Maritime Safety Navigation, the Committee requests the Government to provide detailed information on how it ensures compliance with Article 6 of the Convention.

Article 7. Continuous possession and withdrawal. The Committee notes the absence of information in this regard. The Committee recalls that under Article 7(1), the SID shall remain in the seafarer's possession at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarer's written consent. Article 7(2) provides that the SID shall be promptly withdrawn by the issuing State if it is ascertained that the seafarer no longer meets the conditions for its issue under the Convention. Procedures for suspending or withdrawing SIDs shall be drawn up in consultation with the representative shipowners’ and seafarers’ organizations and shall include procedures for administrative appeal. The Committee requests the Government to provide detailed information on how it ensures compliance with Article 7 of the Convention.

Article 2(2) of the Convention. Coordination of the activities of public and private employment services. The Government indicates in its report that there are now six registered private employment agencies in Montenegro. The Committee notes with interest 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 and supersedes the previous Law on Employment and Exercise of the Rights Arising from Unemployment Insurance. The Law regulates the establishment and functioning of employment agencies. Article 13 of the Law stipulates that employment related matters performed by employment agencies are of public interest and include: preparation for employment, mediation in employment, implementation of active employment policy measures, and other activities aimed at reducing unemployment. In response to the Committee’s previous comments regarding the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181), the Government reports that it is currently assessing the harmonization of the national legislation and practice with the requirements of the Convention. It adds that, following the assessment, it will consult with the social partners regarding the possible ratification of Convention No. 181. In its 2010 General Survey on employment instruments, the Committee recalled the historical background of the adoption of this Convention, observing that the Convention recognizes the existence of private free employment agencies and requires member States to coordinate the operations of private and public agencies on a national scale (paragraph 188). The Committee requests the Government to continue to provide information on the measures taken to coordinate the activities of the public and private employment services with a view to reducing unemployment. It requests the Government to continue to provide updated information on any developments in relation to the possible ratification of Convention No. 181.

Implementing legislation. The Committee had noted in its previous comments the Government’s indication that the provisions of the Convention would be implemented pursuant to a by-law to the Law on Maritime Safety Navigation (hereinafter, referred to as “the Law on Maritime Safety”). The Committee notes with interest in this regard that the Rulebook on detailed conditions for work protection and accommodation of crew and other persons on the vessel (OGM 82/16, hereinafter, referred to as “the Rulebook”), has been adopted under section 49, paragraph 4, of the Law on Maritime Safety.

Article 3(2). Inspections, penalties and periodic consultations. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate to indicate how it gives effect to these provisions of the Convention.

Articles 4 and 5 Planning and control of crew accommodation. Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate how it gives effect to Articles 4 and 5 of the Convention.

Article 10(2). Floor area per occupant in sleeping rooms. The Committee notes that section 34 of the Appendix to the Rulebook, which deals, inter alia, with the technical characteristics of sleeping rooms, does not comply with the requirements of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure full compliance with this Article of the Convention, and to clarify the maximum number of crewmembers who may be accommodated in “double cabins” on board shipping vessels.

Article 10(9). Maximum number of persons to be accommodated in any sleeping room. The Committee notes section 32.13 of the Appendix to the Rulebook, which provides that all the doors of the premises bear signs indicating their purpose. It recalls, however, that this Article of the Convention requires that the maximum number of persons to be accommodated in any sleeping room shall be marked both legibly and indelibly where it can conveniently be seen. The Committee therefore requests the Government to indicate how full effect is given to this Article of the Convention.

Article 10(10). Individual berths. The Committee recalls that the Convention specifically requires that members of the crew shall be provided with individual berths. Noting that this requirement is not specifically addressed in the relevant legislation, the Committee requests the Government to explain how it ensures full compliance with this Article of the Convention.

Article 12(4). Technical characteristics of sanitary facilities. The Committee notes that section 36.7 of the Appendix to the Rulebook deals with technical characteristics of sanitary facilities. It notes, however, that the said section does not provide for washbasins and tub baths to be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode, as required by this Article of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure full compliance with this Article of the Convention.

Articles 12(5) and 14. Ventilation The Committee notes that section 46 of the Appendix to the Rulebook deals with ventilation on board fishing vessels. Nonetheless, the Committee notes that the existing legislation does not require that: (a) all water closets have ventilation to the open air, independently of any other part of the accommodation (Article 12(5) of the Convention); and (b) sufficient and adequately ventilated accommodation for the hanging of oilskins be provided outside, but convenient to the sleeping rooms (Article 14). The Committee requests the Government to indicate how it ensures compliance with these Articles of the Convention.

Article 12(8)(e). Water closets. The Committee notes that section 36 of the Appendix to the Rulebook provides for water closets on board. It also notes, however, that the current legislation does not require that, where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy, as required by the Convention. The Committee requests the Government to indicate how it ensures full compliance with this Article of the Convention.

Article 16(6). Cooking. The Committee notes section 38 of the Appendix to the Rulebook, which deals with household premises, including galleys on board shipping vessels. The Committee notes, however, that no specific reference is made to cooking methods. Recalling that, as required by this Article of the Convention, where butane or propane gas is used for cooking purposes in the galley, the gas containers shall be kept on the open deck, the Committee requests the Government to explain how full compliance is ensured with this Article of the Convention.

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 notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Application of the Convention in practice. In its report, the Government once again indicates that the application of labour law provisions governing the use of paid leave for the purpose of vocational education and training of employees is supervised by labour inspection. The Government further indicates that the new labour law is to be adapted to the requirements of European Union (EU) law, but that this has not yet been completed. The Committee notes that the new draft labour law stipulates that paid leave for educational purposes is determined through negotiations within the tripartite working group established under the legislation, and provides that the employee is required to be trained and skilled to work in accordance with his or her abilities and the needs of the work process. The costs of such training are borne by the employer. In this regard, the Committee recalls once again that Paragraph 14 of the Paid Educational Leave Recommendation, 1974 (No. 148), states that workers should be free to decide on the education or training programmes in which they wish to participate. The Government adds that the new draft labour law envisages that training be carried out, as a rule, during working hours, unless the employer and employee agree otherwise. The Committee recalls that, in its previous report, the Government indicated that the Union of Trade Unions of Montenegro, in article 48 of its articles of association, envisages the possibility of establishing an education committee charged with the implementation of the union training programme. The Committee notes that the Government has not provided the information requested with respect to the practical application of the Convention, nor has it provided information on the methods used by the labour inspection to monitor compliance with the labour law provisions governing the use of paid educational leave. The Committee therefore reiterates its hope that the Government will take adequate steps to align the new draft labour law with the Convention, particularly to ensure that paid educational leave for trade union education is available independent of programmes carried out by the trade unions. It once again requests the Government to provide a copy of the new draft labour law as soon as it is adopted, as well as to continue to communicate information on measures taken or envisaged – in consultation with the representative employers’ and workers’ organizations – to promote the granting of paid educational leave for the purpose of occupational training at any level (Article 2(a)); general, social and civic education (Article 2(b)); and trade union education (Article 2(c)). In addition, the Committee reiterates its request that the Government provide information on the methods by which labour inspection supervises and enforces the application of the labour law provisions governing the use of paid leave for the purposes contemplated in Article 2 of the Convention, and to provide information on the number of inspections, the violations detected and the sanctions imposed (Part III of the report form). The Committee also once again requests that the Government provide extracts of the relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave (Part V of the report form).

The Committee notes the Government’s first report.

Article 3 of the Convention. Measures taken in the fields of safety and maternity protection for all workers performing night work. Further to its comments under the Night Work (Women) Convention (Revised), 1948 (No. 89), regarding the need to review gender-specific prohibitions or restrictions to night work, the Committee notes that the Labour Code still contains provisions which prohibit women from being employed at night in certain circumstances (sections 105 and 110 of the Labour Code). The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time instruments, paragraph 545). The Committee therefore invites the Government to review its national legislation in light of this principle, in consultation with the social partners. In addition, noting that the country is still bound by Convention No. 89 and that the denunciation window for that Convention will be open between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation.

Article 9. Social services. The Committee notes the Government’s indication in its report that all employees have social services secured regardless of the time when they perform their work activities. It recalls that appropriate social services are among the specific measures required by the nature of night work which must be adopted for night workers to protect their health and assist them in meeting their family and social responsibilities (2018 General Survey on working time instruments, paragraph 499). The Committee therefore requests the Government to provide detailed information regarding the social services secured for night workers and, where necessary, for workers performing night work, in accordance with Article 9.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 162 (asbestos), 167 (safety and health in construction) and 187 (promotional framework for OSH) together.

A. General provisions Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication in its report that the tripartite Social Council, which is constituted of representatives of the Government, representative trade unions, and representative associations of employers, may submit recommendations to the competent authorities concerning the measures that could be taken to ratify the relevant ILO Conventions. The Committee notes in this respect the ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), by Montenegro in 2017. The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify relevant OSH Conventions by the Social Council.

Article 4(3)(e). Research on OSH. The Committee requests the Government to provide information regarding measures taken or envisaged to carry out research on OSH.

Article 4(3)(f). Collection and analysis of data on occupational injuries and diseases. The Committee notes that pursuant to section 52 of the Law on Safety and Health at Work (No. 34/14, 44/18) (Law on Safety and Health at Work), the Health Insurance Fund, the Pension and Disability Insurance Fund of Montenegro, and authorized medical institutions for healthcare of employees provide on a monthly basis, and for each calendar year, the state authority in charge of labour with data on occupational injuries and occupational diseases. The Government states that the collection of data on occupational and work-related diseases remains a challenge. With reference to its comments below on the Asbestos Convention, 1986 (No. 162), the Committee requests the Government to provide further information on the measures taken to strengthen the collection and analysis of data regarding occupational diseases.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes that, according to the ILO Decent Work Country Programme 2019–21 for Montenegro, SMEs represent the vast majority of all firms in the country, and account for more than three quarters of employment. Given this number, the Committee requests the Government to indicate whether there are support mechanisms for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy, in accordance with Article 4(3)(h) of the Convention.

Article 5. National programme. The Committee notes the Government’s adoption of the Strategy on Safety and Health at Work 2016–20, as well as the action plan for its implementation. The Government indicates that the Strategy on Safety and Health at Work 2016–20 was adopted following the expiry of a Strategy for 2010–14, and sets out a number of goals and activities to undertake in the field of OSH. The Government also indicates that the Strategy is based on the principles of social dialogue at all levels. The Committee requests the Government to provide further information on the effectiveness in the implementation of the Strategy, measured against the individual strategic goals established in the Strategy. The Committee also requests the Government for further information regarding the manner in which social partners participated in the formulation of the National Strategy on Safety and Health at Work 2016–20. In addition, the Committee requests information regarding the manner in which the Government ensures that its national programme is widely publicized, in accordance with Article 5(3) of the Convention.

B. Protection from specific risks Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in reply to its previous requests concerning the application of Articles 2 (definitions), 6(3) (emergency procedures), 9(b) (special rules and procedures for the use of asbestos), 10 (prohibition or replacement of asbestos), 12 (spraying of asbestos), 13 (notification of work involving asbestos), 14 (labelling), 15(1) and 15(3) (limits to asbestos exposure), 16 (employer responsibility for practical measures), 17(1) and 17(3) (demolition – qualification and consultation), 18(1)–(4) (special protective clothing and equipment), 19(2) (pollution), 20(3) (access to records), 21(2)–(3) (medical examinations) and 22(2) (education and periodic training) of the Convention.

Articles 3 and 4 of the Convention. Adoption of national laws and regulations and consultation of the most representative organizations of employers and workers concerned. The Committee notes with interest the adoption of the 2017 Rulebook on Protection Measures from Risk of Exposure to Asbestos at Work (2017 Rulebook on Asbestos). The Committee requests the Government to indicate how the most representative organizations of employers and workers were consulted in the adoption of this Rulebook, and in the adoption of any other measures giving effect to this Convention.

Article 11. Prohibition on the use of crocidolite. The Committee notes that Annex 1 of the 2013 Rulebook on the Prohibition and Restriction of the Use, Placing on the Market and Production of Chemicals that Pose an Unacceptable Risk to Human Health and the Environment (Nos 49/13, 12/16) prohibits the production, placing on the market and use of asbestos fibres, which include crocidolite. However, the Committee notes that, pursuant to Annex 1, Part 1, of the Rulebook, this prohibition contains certain exceptions, including for example, with regard to some products that were installed and in use before 1 July 2014, and certain products containing fibres where a high level of protection of health is ensured. Recalling the resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, the Committee requests the Government to indicate whether any of the derogations to the prohibition of the production, placing on the market and use of asbestos contained in Annex 1, Part 1, of the Rulebook on the Prohibition and Restriction of the Use, Placing on the Market and the Production of Chemicals that Pose an Unacceptable Risk to Human Health and the Environment apply to crocidolite.

Article 15(2). Periodic review and update of limits for the exposure of workers to asbestos. The Committee takes note of the exposure limits for asbestos established in section 4 of the 2017 Rulebook on Asbestos. The Committee requests the Government to provide information on the manner in which these exposure limits or other exposure criteria are periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.

Article 17(2)(b)–(c). Work plan prior to demolition work. The Committee notes that the Government report refers to section 17 of the Law on Safety and Health at Work, which requires that all employers issue a risk assessment act for workplaces, to determine the methods and measures to eliminate risk and ensure their implementation, and that the employer shall familiarize the employee with the risk assessment in a transparent manner. The Committee also notes that section 24 of the Law on Safety and Health at Work requires that employers, workers and workers’ representatives and trade unions cooperate in determining their OSH rights, obligations and responsibilities, including with respect to the risk assessment and protective measures. In addition, the Committee notes that, pursuant to section 183 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites (No. 20/19), an OSH plan has to be developed for the demolition or removal of buildings or parts thereof. The Committee requests the Government to indicate whether the work plans required by the national legislation specify the measures to be taken under Article 17(2)(b)–(c) of the Convention, in cases of demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne.

Article 18(5). Washing facilities. The Committee requests the Government to indicate the measures taken to ensure that employers provide facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace, as appropriate, in accordance with Article 18(5) of the Convention.

Article 19(1). Disposal of waste. The Committee requests the Government to provide information on measures taken to ensure that employers dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, in accordance with Article 19(1) of the Convention.

Article 20(2) and (4). Records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee previously noted that, pursuant to section 14 of the Rulebook on Record Keeping in the Area of Safety at Work (No. 67/05), the records prescribed in the Rulebook must be stored permanently, unless provided otherwise for some types of records or documentation. The Committee requested the Government to indicate whether records referred to in Article 20(2) of the Convention were kept permanently or if such records fell under the exception foreseen in section 14 of the Rulebook. The Committee notes the Government’s indication in reply that, in the drafting of a new Rulebook on Keeping Records in the Field of Safety and Health at Work, Article 20 of the Convention will be taken into account. The Committee requests the Government to provide information on the adoption of a new Rulebook on Keeping Records in the Field of Safety and Health at Work and to provide a copy of the new Rulebook once it has been adopted. The Committee also once again requests the Government to provide information on whether workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(4) of the Convention.

Article 21(1). Medical examinations. The Committee notes the Government’s indication that, after termination of employment, there is no medical supervision provided to workers who were exposed to asbestos. The Committee recalls however, that, pursuant to Article 21(1) of the Convention, workers must be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos, which may require examination after the termination of employment. The Committee requests the Government to take the necessary measures to ensure that workers who are or have been exposed to asbestos are provided with medical examinations after their employment is terminated, to ensure full conformity with Article 21(1) of the Convention.

Article 21(4). Means of maintaining workers’ income. The Committee notes that the Government, in its reply to the Committee’s previous comments, refers to section 19 of the Law on Safety and Health at Work, which provides that if a worker who is assigned to work with special conditions or at increased risk cannot be transferred to another position that suits their health capabilities, the employer shall provide them with other rights under the law. The Committee requests the Government to indicate what the additional rights mentioned in section 19 of the Law on Safety and Health at Work consist of, and whether they ensure that every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(4).

Article 21(5). Notification of occupational diseases caused by asbestos. The Committee notes the Government’s indication, in response to its previous request, that a register of occupational diseases is under preparation. The Committee requests the Government to continue to provide information on the measures taken by the competent authority to develop a system of notification of occupational diseases caused by asbestos, in accordance with Article 21(5), including on the status of the completion of the register.

Article 22(1). Information and education. The Committee reiterates its request for information on the manner in which the competent authority makes appropriate arrangements, in consultation and collaboration with the most representative organizations of employers and workers concerned, to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control, in accordance with Article 22(1) of the Convention.

Application in practice. The Committee notes the Government’s indication that until the establishment of a register of occupational diseases, it does not possess data regarding occupational diseases. The Committee requests the Government to strengthen its efforts with respect to the collection of data on occupational diseases caused by asbestos, and to provide information on the application of the Convention in practice. It also requests the Government to provide information on the implementation of the 2017 Rulebook on Asbestos and other implementing legislation and regulations, including the number of violations detected and penalties imposed.

C. Protection in specific branches of activity Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the Government’s first report.

Article 5(2) of the Convention. Due regard given to relevant standards adopted by international organizations in the field of standardization. The Committee requests the Government to indicate the manner in which it gives due regard to the relevant standards adopted by recognized international organizations in the field of standardization, in its adoption and maintenance in force of laws or regulations giving effect to this Convention.

Article 8(1)(c). Cooperation between two or more employers simultaneously undertaking activities at one construction site. The Committee notes that the Government’s report refers to section 22 of the Law on Safety and Health at Work, which prescribes measures for coordination and for defining mutual obligations and responsibilities of multiple employers working on the same construction site. It also notes the requirement to appoint OSH coordinators for construction projects, set out in sections 9a, 49b and 49d of the 2018 amendments to the Law on Safety and Health at Work. The Committee observes that those provisions do not specify whether each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his or her authority (Article 8(1)(c)). The Committee requests the Government to indicate the provisions of the national legislation which provide for the obligations under Article 8(1)(c) of the Convention.

Article 12. Right of workers to remove themselves. The Committee notes that, pursuant to section 34 of the Law on Safety and Health at Work, in the event of serious and imminent threat to life and health, workers may take appropriate measures in accordance with their knowledge and technical means at their disposal, and in case of unavoidable danger have the right to leave the dangerous workplace, work processes or work environment. The Committee recalls that Article 12(1) does not require that the danger be unavoidable, and provides that a worker shall have the right to remove himself or herself from danger when he or she has a good reason to believe that there is an imminent and serious danger to his or her safety or health. The Committee requests the Government to take the necessary measures to align section 34 of the Law on Safety and Health at Work with the requirement of Article 12(1) of the Convention. In addition, the Committee requests the Government to indicate the measures taken as well as any relevant legal provisions to ensure that, where there is an imminent danger to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate, in accordance with Article 12(2).

Article 15(2). Raising, lowering or carrying persons in appliances constructed, installed and used for that purpose. The Committee takes note that section 173 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites sets out that, as a rule, workers shall not climb onto vehicles or onto modules, be in the cab of the vehicle, or stand on the vehicle when loading prefabricated modules onto or unloading them from such vehicles. The Committee observes that Article 15(2) of the Convention covers not only situations in which modules are being loaded, unloaded, raised or lowered but also other situations in which a person may be raised, lowered or carried by a lifting appliance. The Committee requests the Government to indicate measures taken to ensure that no person shall be raised, lowered or carried by a lifting appliance unless it is constructed, installed and used for that purpose in accordance with national laws and regulations, except in an emergency situation in which serious personal injury or fatality may occur, and for which the lifting appliance can be safely used.

Article 19(d). Excavations, shafts, earthworks, underground works and tunnels. Reaching safety in the event of fire, or inrush of water or material. The Committee takes note of the protective measures for workers provided for in sections 33 and 251 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites which refer to, respectively, measures to signal and evacuate workers in wells, and measures regarding shelters and monitoring to protect workers from explosions and harmful gases in tunnels. The Committee requests the Government to provide further information on the manner in which it ensures that precautions are taken in any excavation, shaft, earthworks, underground works or tunnel to enable workers to reach safety in the event of fire, or an inrush of water or material, in accordance with Article 19(d).

Article 19(e). Excavations, shafts, earthworks, underground works and tunnels. Appropriate investigations to locate circulation of fluids or the presence of pockets of gas. The Committee notes that sections 15, 30 and 223 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites set out requirements to undertake checks for the presence of different gases. The Committee requests the Government to indicate the measures taken to give full effect to Article 19(e) with regard to the circulation of fluids.

Article 20(2) and (3). Cofferdams and caissons. Means for workers to reach safety. Immediate supervision of a competent person. Inspection at prescribed intervals. The Committee notes that section 215 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites provides for the requirement that cofferdams and caissons be inspected within the applicable deadlines. The Committee also notes the Government’s indication that the construction of caissons must correspond to modern technical requirements in terms of safety. The Committee requests the Government to indicate the measures taken to ensure that the construction, positioning, modification or dismantling of a cofferdam or caisson shall take place only under the immediate supervision of a competent person, in accordance with Article 20(2) of the Convention. The Committee also requests the Government to provide further on the carrying out of inspections foreseen in section 215 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites, including the manner in which it is ensured that they are carried out by a competent person.

Article 21(2). Supervision of work in compressed air. The Committee notes that, under section 232 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites, workers working for the first time in a caisson must be subjected to a trial in a decompression chamber, after a medical examination for work at the workplace. Section 232 also states that caisson workers who have been absent from work for more than two days, as well as after any illness, shall be subject to another medical examination prior to resuming such work. The Committee requests the Government to indicate the measures taken to ensure that work in compressed air shall be carried out only when a competent person is present to supervise the conduct of the operations, in accordance with Article 21(2) of the Convention.

Article 24(b). Demolition works. The Committee notes that, pursuant to section 183 of the Rulebook on Measures of Protection on Temporary or Mobile Construction Sites, it shall be necessary to develop a plan of workplace health and safety measures for the demolition of a building or some part thereof, regardless of whether demolition is to be performed manually, using a machine, or using explosives. The Committee requests the Government to indicate the measures taken to ensure that demolition work shall be planned and undertaken only under the supervision of a competent person, in accordance with Article 24(b) of the Convention.

Article 26(1). Electrical equipment and installations. The Committee notes that sections 309–316 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites provide safety requirements in relation to electrical installations on construction sites. The Committee requests the Government to indicate the measures taken to ensure that all electrical equipment and installations shall be constructed, installed and maintained by a competent person, in accordance with Article 26(1) of the Convention.

Article 27(b). Storage, transport, handling and use of explosives only by a competent person. The Committee takes note of the safety requirements for the storage and transport of explosives under sections 263 and 320 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites. The Committee requests the Government to indicate the measures taken to ensure that explosives shall not be stored, transported, handled or used except by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury, in accordance with Article 27(b) of the Convention.

Article 28(2)(a). Health hazards. The Committee requests the Government to indicate the measures taken to ensure the replacement of hazardous substances by harmless or less hazardous substances wherever possible, in accordance with Article 28(2)(a) of the Convention.

Article 32(3). Provision of separate sanitary and washing facilities. The Committee notes section 9 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites concerning the requirement to provide, prior to starting construction work, sanitary facilities, toilets, wash basins, drinking water facilities and shelter for workers. The Committee requests the Government to indicate the measures taken to ensure that separate sanitary and washing facilities for men and women workers are provided, in accordance with Article 32(3) of the Convention.

Comments adopted by the CEACR: Montenegro

Display the list by:

Adopted by the CEACR in 2021

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C045 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. General provisions

1. OSH and its promotional framework (Conventions Nos 155 and 187)

National system

National Programme

2. Occupational Health Services Convention, 1985 (No. 161)

B. Protection against specific risks

1. White Lead (Painting) Convention, 1921 (No. 13)

2. Guarding of Machinery Convention, 1963 (No. 119)

3. Occupational Cancer Convention, 1974 (No. 139)

4. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

5. Asbestos Convention, 1986 (No. 162)

C. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

2. Safety and Health in Construction Convention, 1988 (No. 167)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Issues specifically concerning labour inspection in agriculture

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C132 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C136 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C151 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C159 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C183 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C152 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C158 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C185 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C002 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C126 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C129 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Issues specifically concerning labour inspection in agriculture

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C140 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C171 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C187 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

A. General provisions Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

B. Protection from specific risks Asbestos Convention, 1986 (No. 162)

C. Protection in specific branches of activity Safety and Health in Construction Convention, 1988 (No. 167)