Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Montenegro (Ratification: 2015)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), as well as the observations of the Independent Union of Workers in Maritime Shipping Trade and Transport of Montenegro (IUWMST Montenegro), dated 22 January 2025. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2022 entered into force for Montenegro on 23 December 2024. In relation to these amendments, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Impact of the COVID-19 pandemic. The Committee notes that, in reply to its previous comment, the Government provides detailed information on the measures taken during the pandemic related to the reception and management of foreign vessels and their crews in the ports of Montenegro, enabling the disembarkation, embarkation and transit of national and foreign seafarers. The Committee takes note of this information.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication that a new Draft Law on Navigation Safety should come into force at the end of 2025 and will give effect to a number of provisions of the Convention. Noting that this Law would represent a significant step forward in the implementation of the Convention, the Committee expects that it will be adopted without further delay and requests the Government to provide a copy of the new text with its next report. It draws the Government’s attention to the points set out below as necessary measures for achieving full implementation of the Convention.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that, in response to its previous request to provide further explanations on ships of limited area of navigation, the Government refers to the Rulebook on categories of ship navigation (Official Gazette of Montenegro (OGM), No. 22/2015 of 4 May 2015), which stipulates that ships, depending on the size, construction, equipment and technical conditions established under the Maritime Navigation Safety Law, can sail within the limits of one of the six following areas of navigation defined under articles 2 and 3 of the Rulebook: (1) unlimited navigation; (2) large coastal navigation; (3) small coastal navigation; (4) navigation in internal sea waters and the territorial sea of Montenegro; (5) sailing in partially calm seas; and (6) navigation in protected marine areas. The Committee observes that 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) provides for additional requirements to those prescribed by the Convention regarding recreational facilities applicable to ships of unlimited area of navigation and ships of large coastal navigation, which are in compliance with the MLC, 2006. The Committee takes note of this information. Regarding ships engaged in domestic voyages, including yachts, the Committee refers to its comments under Regulation 2.1 and the Code.

Article VII. Consultations. In reply to the Committee’s previous comment, the Government indicates that representatives of shipowners and seafarers are members of the working groups that the Ministry consults for the preparation of laws, strategies and by-laws acts, which is an obligation prescribed by the “Decree on the selection of representatives of non-governmental organizations in the working bodies of state administration bodies and the implementation of public hearings in the preparation of laws and strategies”. The Committee notes that IUWMST Montenegro indicates that it has not been included in any working group concerning the implementation of the MLC, 2006 and expressed concerns as it represents the primary group of workers impacted by the implementation of the Convention. The Committee requests the Government to provide its comments in this respect.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, in response to its previous request, the Government indicates that the Ministry is preparing a new draft Law on Navigation Safety that will clearly prohibit the employment of seafarers under the age of 18 where the work is likely to jeopardize their health or safety, which should come into force at the end of 2025. The Committee requests the Government to adopt the necessary measures to give effect to the requirements of Standard A1.1, paragraph 4 of the Convention, including the adoption of a list of types of hazardous work prohibited for young persons, taking into account the specific conditions of work and risks on board ships, after consultations with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee notes the Government’s reference, in reply to its previous comment, to article 49 of the Rulebook on types of titles and authorizations, conditions for acquiring titles and issuing authorizations for ship crew members. The Committee observes that article 49, paragraph 3, requires a security-related familiarization and security-awareness training or instruction in accordance with STCW Regulation VI/6 for seafarers employed on a ship in any capacity. The Committee takes note of this information.

Regulation 1.4, paragraph 1, and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. Private services. Requirements. The Committee notes that, in response to its previous request, the Government indicates that Standard A1.4, paragraph 5(a) has not been given effect to under the Maritime Navigation Safety Law and that the new Draft Law on Navigation Safety will take into account the requirement regarding the prohibition of blacklisting. With respect to how Standard A1.4, paragraph 5(c)(ii) is given effect to, while the Government refers to Article 153, paragraphs 2, 3, 4 of the Maritime Navigation Safety Law, the Committee observes that these provisions refer to the obligations under Standard A2.1, paragraph 1 and do not impose the obligation of making sure that seafarers examine their employment agreements before and after they are signed, and receive a copy of the agreements on the seafarer recruitment and placement services, as provided for under the MLC, 2006. The Committee observes that article 163, paragraph 4(1) of the above-mentioned Law to which the Government also refers, regarding crewing services for employment of seafarers does not cover the requirement of Standard A1.4, paragraph 5(c)(ii) either. Regarding Standard A1.4, paragraph (c)(iv), the Committee notes that the Government refers to articles 162 and 167, paragraph 1 of the same Law which do not address the obligation of the seafarer recruitment and placement services to make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port. Finally, with regard to Standard A1.4, paragraph 5(c)(vi), the Committee observes that the Government indicates that article 153a prescribes the system of protection to assist seafarers in case of abandonment. The Committee recalls that Standard A1.4, paragraph 5(c)(vi) provides for the establishment of a system of protection to compensate seafarers in case of “monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. The Committee requests the Government to adopt the necessary measures to ensure full conformity with these requirements of the Convention.

Regulation 1.4 and Standard A1.4, paragraph 6. Recruitment and placement. Supervision of services. In reply to its previous comment, the Committee notes the Government’s indication that, based on article 163, paragraph 2 of the Maritime Navigation Safety Law, legal entities that wish to provide crewing services for employment of seafarers must possess a valid certificate, certifying compliance of ISO standards directly relevant for employment of seafarers, or certificate of management system in accordance with the MLC Convention, in order to obtain the Ministry’s approval. The Government indicates that recognized organizations certify crewing services for employment of seafarers and that the Ministry reserves the right of extraordinary inspections of legal entities that mediate the employment of seafarers, in determining the fulfillment of the conditions provided for under article 163 of the above-mentioned Law. The Committee further notes that the Government states that the Ministry plans to introduce a specific provision regarding the supervision of such services in the new Draft Navigation Safety Law. The Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to Standard A1.4, paragraph 6, and to provide updated information on the progress made in this regard.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints.Noting the Government’s indication that the requirement of Standard A1.4, paragraph 7 will be implemented in the new Draft Navigation Safety Law, planned to come into force at the end of 2025, the Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to this provision of the Convention.

Regulation 1.4, paragraph 3, and Standard A1.4, paragraph 9. Recruitment and placement. Services based in countries in which the Convention does not apply. Noting the Government’s indication that this requirement of the Convention will be given effect to in the new Draft Navigation Safety Law, the Committee requests the Government to take such measure without delay.

Regulation 2.1 and the Code. Seafarers’ employment agreement. Referring to its previous comments on how seafarers engaged in domestic voyages are covered by Regulation 2.1 and the Code, the Committee notes the Government’s indication that contract agreements for seafarers working on ships engaged on domestic voyages are regulated by the Labour Code. The Government, however, does not specify how the provisions of the Labour Code give effect to the detailed requirements of Regulation 2.1 and the Code. Additionally, the Committee notes that a number of the provisions of the Labour Code that would give effect to the MLC, 2006, as alternative provisions to article 153 which is limited to ships engaged on international voyages, do not sufficiently satisfy the requirements of the Convention or are not in compliance with them, i.e.: article 29 refers to the labour contract being concluded and signed between the employee and the employer, or a person authorized by the employer and does not ensure that the seafarers’ employment agreement (hereafter “SEA”) is signed by or on behalf of the shipowner or a representative of the shipowner in accordance with Standard A2.1, paragraph 1(a); article 29 refers to the employer delivering a copy of the labour contract and does ensure that a seafarer shall have a signed original of the SEA as provided for under Standard A2.1, paragraph 1(c); there seems to be no provisions requiring that seafarers signing a SEA shall be given an opportunity to examine and seek advice on the agreement before signing pursuant to Standard A2.1, paragraph 1(b), that clear information as to the conditions of their employment can be easily obtained on board by seafarers, and also accessible for review by officers of a competent authority, pursuant to Standard A2.1, paragraph 1(d) and that seafarers shall be given a document containing a record of their employment on board the ship in accordance with Standard A2.1, paragraph 1(e); the matters to be included in the labour contract as provided by article 31 do not cover all the particulars that are to be included in all SEAs listed under Standard A2.1, paragraph 4; there does not seem to be a notice period for termination shorter than the minimum that may be given by the seafarer in circumstances taking into account the need to terminate, without penalty, the employment agreement for compassionate or other urgent reasons as provided for by Standard A2.1, paragraph 6. The Committee therefore requests the Government to adopt the necessary measures without delay to comply with these requirements of the Convention in relation to seafarers working on ships engaged in domestic voyages, including on yachts.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing.Noting the Government’s reply that the new Draft Navigation Safety Law will amend article 153 of the current Law to incorporate the requirement that seafarers shall also be given an opportunity to seek advice on the agreement before signing it, the Committee requests the Government to adopt the necessary steps to that end without delay and to provide a copy of the relevant legislation once available.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content.Noting the Government’s indication that the list of matters that are to be included in all SEAs will be implemented through the new Draft Navigation Safety Law, the Committee requests the Governmentto take the necessary measures to give effect to Standard A2.1, paragraph 4 without delay, and to provide updated information in this regard.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Shorter notice period for urgent reasons.Noting the Government’s indication that 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, will be implemented by the new Draft Navigation Safety Law, the Committee requests the Government to adopt the necessary measures without delay to ensure compliance with this provision of the Convention.

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. Noting the Government’s reply that the requirements introduced with the 2018 amendments to the Code will be implemented by the new Draft Navigation Safety Law, the Committee requests the Government to take the necessary measures to give full effect to these provisions of the Convention without delay and to provide a copy once it has been adopted.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments.Noting the Government’s reply that the new Draft Navigation Safety Law will take into consideration the requirement of Standard A2.2, paragraph 5,the Committee requests the Government to take the necessary measures to give full effect to these provisions of the Convention without delay and to provide a copy once it has been adopted.

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On call work.Noting the Government’s reply that the requirements of Standard A2.3, paragraphs 8 and 9 will be given effect to under the new Draft Navigation Safety Law, the Committee requests the Government to adopt the necessary steps to that end without delay and to provide a copy of the relevant legislation once available.

Regulation 2.4, paragraph 2. Shore leave. The Committee notes, in response to its previous request, that the Government indicates that the new Draft Navigation Safety Law will incorporate the requirement that seafarers shall be granted shore leave. Noting this information, the Committee requests the Government to take the necessary measures to give full effect to this requirement of the Convention and to provide information on the progress made in this regard.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. In reply to the Committee’s previous request, the Government indicates that the prohibition of any agreements to forgo the minimum annual leave with pay will be incorporated into the new Draft Navigation Safety Law. The Committee requests the Government to take the necessary measures to give full effect to this requirement of the Convention without delay and to provide information on the progress made in this regard.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b) and (c). Repatriation. Maximum period of service on board. Entitlements.Noting the Government’s reply that the detailed requirements of Standard A2.5.1, paragraph 2(b) and (c), including the maximum period of service on board following which a seafarer is entitled to repatriation, will be implemented in the new Draft Navigation Safety Law, the Committee requests the Governmentto adopt the necessary measures without delay to ensure that full effect is given to these provisions of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that, in reply to its previous comments, the Government refers to article 127 of the Maritime Navigation Safety Law which provides that the ship operator shall not charge the crewmember any repatriation costs either as prepayment at the beginning of his employment or from earnings the ship operator owes to the crewmember, except in case of serious violations of the employment contract by the crewmember. According to this article, the ship operator shall be entitled to a refund of all repatriation costs for a crewmember who disembarked without permission and caused through his fault the termination of employment, or who disembarked due to an injury or illness caused wilfully or due to gross negligence. The Committee understands that these circumstances are considered as “serious default” of the seafarer’s employment obligations justifying the right of the shipowner to recover the costs of repatriation under Standard A2.5.1, paragraph 3. The Committee draws the Government’s attention to the fact that the definition of what qualifies as a serious violation of the employment contract should not be left at the discretion of the shipowner. The Committee therefore requests once again the Government to specify the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in serious default of the seafarer’s employment obligations, pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers.Noting the Government’s reply that the new Draft Navigation Safety Law will take into consideration the requirement of Regulation 2.8 and the Code,the Committee requests the Government to provide updated information on the progress made towards 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. In reply to the Committee’s previous comments, the Government states that the complete implementation of Regulation 3.1 and the Code will be established through the new Draft Navigation Safety Law. The Committee requests the Government to adopt the necessary measures without delay to give full effect to the detailed requirements of Regulation 3.1 and the Code.

Regulation 4.1 and Standard A4.1, paragraphs 1, 2 and 4. Medical care on board and ashore. The Committee notes the Government’s indication, in reply to its previous comment, that the requirement that medical care is provided free of charge to a seafarer while he/she is on board ship is covered by article 159 of the Maritime Navigation Safety Law which provides that “[e]ach seafarer shall be provided free of charge visit to a physician or dentist in ports of call, where possible”. The Committee observes that this provision partially gives effect to Standard A4.1, paragraph 1(d) as the reference to medical care at no cost to the seafarer is limited to the circumstance under which a seafarer is landed in a port of call. The Committee therefore requests the Government to take the necessary measures to ensure that medical care is also provided free of charge to a seafarer while he/she is on board ship (Standard A4.1, paragraph (d)). The Committee further notes the Government’s indication that the national provisions currently don’t prescribe the requirements of Standard A4.1, paragraph 2 regarding the standard medical report form, nor of Standard A4.1, paragraph 4(c) that at least one seafarer shall be in charge of medical care and administering medicine for ships which do not carry a medical doctor. Noting the Government’s indication that these requirements will be implemented in the new Draft Navigation Safety Law, the Committee requests the Government to adopt the necessary measures without delay and to provide updated information in this regard.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. In reply to the Committee’s previous request, the Government indicates that article 27 of the Maritime Navigation Safety Law prescribes that the radio service for the protection of human lives and safety of navigation at sea is performed by AMSPM (administrative body responsible for maritime safety and port management) which is obliged to organize the on-duty service 24 hours a day. Article 27 further stipulates that the manner and conditions of operation of the radio service and the conditions to be met by coastal and ship radio stations shall be prescribed by the Ministry. The Government states that the requirement of such conditions of operation will be given effect under the new Draft Navigation Safety Law. The Committee requests the Government to provide updated information on the progress made in this regard.

Regulation 4.2 and the Code. Shipowners’ liability. Noting the Government’s reply that the detailed requirements of Standard A4.2.1 and Standard A4.2.2 will be implemented through the new Draft Navigation Safety Law, the Committee requests the Government to adopt the necessary measures and to provide a copy of the amended text once adopted.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Referring to its previous comments, the Committee notes that the Government refers to article 158, paragraph 1 of the Maritime Navigation Safety Law which provides that a ship operator or shipping company shall take care of the protection of health and safety and prevention of accidents on board ships in accordance with the law. The Government specifies that the law to which article 158 refers is the Law on Labour Safety and Health (“Official Gazette of MNE”, No. 34/2014 and 44/2018) which defines general principles for all workers working on the territory of Montenegro, as stated in article 4. While noting this information, the Committee, however, observes that the provisions of the above-mentioned Law are of general application and do not take into account the risks specific to the maritime sector and to maritime employment. Noting the Government’s indication that the specific requirements of Regulation 4.3 and the Code will be prescribed in the new Draft Navigation Safety Law, the Committee requests the Government to adopt the necessary measures and to provide a copy of the amended text once adopted.

Regulation 4.4 and the Code. Access to shore-based welfare facilities.Noting the Government’s indication that the provisions of Regulation 4.4 and the Code will be implemented through the new Draft Navigation Safety Law, the Committee requests the Government to adopt the necessary measures to give effect to these requirements of the Convention.

Regulation 4.5 and the Code. Social security. In reply to the Committee’s previous comment, the Government refers to article 6 of the Law on Compulsory Health Insurance, which covers Montenegrin citizens residing in Montenegro and foreigners with approved permanent or temporary residence in Montenegro. The Committee observes that article 8 of the above-mentioned Law also covers dependants of insured persons. While noting this information, the Committee observes that the benefits covered under this Law are limited to medical care. The Committee notes that the Government does not indicate how seafarers ordinarily resident in Montenegro, whether citizens of Montenegro or from a foreign country, whether working on board a Montenegro flagged ship or a foreign ship are provided the other benefits declared at the time of ratification: invalidity benefit, old-age benefit, survivor’s benefit, family benefit, and employment injury. The Committee therefore requests the Government to indicate how seafarers ordinarily resident in Montenegro and their dependants are granted social security coverage in these branches. Observing that the Government has not provided details on social security coverage of seafarers under the bilateral and multilateral agreements mentioned by the Government in its first report, nor sent copies of them, the Committee reiterates its previous request. Finally, the Committee requests once again the Government to 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.

Regulation 5.1.3 and the Code. Maritime Labour Certificate and Declaration of Maritime Labour Compliance.In the absence of information as to the implementation of the requirements of the Standard A5.1.3, paragraphs 1–8, paragraphs 14 and 15, and paragraphs 16 and 17, the Committee expects that the new Draft Navigation Safety Law will give full effect to these requirements of the Convention and requests the Government to provide a copy of the amended text once adopted.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. In reply to the Committee’s previous comment, the Government indicates that the full implementation of requirements relating to Standard A5.1.3, paragraph 10, will be carried out through the new Draft Navigation Safety Law. The Committee requests the Government to amend the Declaration of Maritime Labour Compliance (DMLC), in such a manner to give full effect to Standard A5.1.3, paragraph 10, so as to ensure that Part I provides a reference to the relevant national legal provisions embodying the Convention, and, to the extent necessary, concise information on the main content of the national requirements, and Part II identifies the concrete measures adopted by the shipowner to ensure ongoing compliance with the national requirements between inspections on board of a given vessel, and to provide updated examples of the DMLC, Parts I and II.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Noting the Government’s reply that the new Draft Navigation Safety Law will take into consideration the requirement of Regulation 5.1.4 and the Code,the Committee requests the Government to adopt the necessary measures and to provide a copy of the relevant legislation once available.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. Referring to its previous comment, the Committee notes that the Government refers to article 167 of the Maritime Navigation Safety Law which establishes the on-board complaints procedure. The Committee notes, however, that there do not seem to be provisions prohibiting and penalizing any kind of victimization of a seafarer for filing a complaint, nor arrangements to guarantee protection against victimization and penalty. The Committee requests the Government to adopt the necessary measures to give full effect to Regulation 5.1.5, paragraph 2, and Standard A5.1.5, paragraph 3.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s reference, in reply to its previous request, to articles 184-188 of the Maritime Navigation Safety Act. The Committee, however, observes that these provisions do not give effect to the requirements of Regulation 5.2.2 and Standard A5.2.2. The Committee further notes that the Government has not indicated how it handles in practice complaints lodged by seafarers on ships calling at a port in Montenegro alleging a breach of the requirements of this Convention. Therefore, the Committee requests the Government to take the necessary measures to ensure conformity with these requirements of the Convention.