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

Montenegro

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2006)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2006)

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.Labour inspection activities in the area of illegal employment, including in relation to foreign workers.Protection of foreign workers in an irregular situation. In reply to the Committee’s previous request with regard to the effective discharge by the labour inspectors of their primary duties, the Government indicates in its report that since the beginning of 2023, the Labour Inspectorate, in addition to checking the legality of employment, has intensified its activities regarding the enforcement of provisions related to wages, working hours and rest periods, as well as the employment of minors and provides information on the number of relevant violations identified and sanctioned during 2023–24. With regard to the Labour Inspectorate’s efforts in combating informal employment, the Government indicates that 2,641 individuals (1,792 foreign nationals and 849 Montenegrin citizens) were found working informally, and employers were duly sanctioned. While taking note of this information, the Committee once again requests the Government to provide updated information regarding the participation of labour inspectors in joint inspections with the border police and to indicate how it ensures that such participation 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. Taking due note of the number of migrant workers in informal employment, the Committee requests the Government to provide information on specific measures undertaken by the Labour Inspectorate to ensure the enforcement of the rights of migrant workers in an irregular situation and to provide information on the number of cases in which these workers have been granted their due rights, such as the payment of outstanding wages or social security benefits, or where their situation has been regularized.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In its previous comments the Committee noted that pursuant to the Law on Civil Servants and State Employees, 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. In reply to the Committee’s previous request the Government indicates that a Draft Law on Amendments to the Law on Civil Servants and State Employees has been tabled in Parliament. The Draft Law proposes abolishing the fixed-term mandate for inspectors, thereby aligning their status with that of other civil servants and state employees employed on a permanent basis. According to the Government, the aim is to ensure that inspectors have stable employment conditions that guarantee their job security and independence from political changes and external influences. The Committee requests the Government to keep it informed regarding the adoption of this amendment and provide a copy of the amended Law once it has been adopted. In this respect, it requests the Government to continue to adopt the necessary measures to ensure that labour inspectors are assured of stability of employment.

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