Direct Request (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 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. Impact of the reorganization of the labour inspection system. Following is previous comments, the Committee notes the Government’s indication in its report that the Law on Amendments to the Law on Inspection No. 084/24 of 6 September 2024 (hereinafter “the Law on Amendments to the Law on Inspection”), provides for the dissolution of the Administration for Inspection Affairs and the return of inspection services under the jurisdiction of the relevant ministries. In this respect, the Committee notes with interest the Government’s indication that, as a result of this amendment, since October 2024, the Labour Inspection operates within the Ministry of Labour, Employment, and Social Dialogue. With regard to the Committee’s previous request on the relation between the Law on Inspection and the Law on Labour Inspection in cases where provisions overlap, the Government indicates that inspectors did not encounter legal issues regarding potentially overlapping provisions. According to the Government, priority is given to the application of the Law on Inspection, as it comprehensively regulates inspections, following several amendments aimed to address the practical needs and challenges of inspection services. The Committee requests the Government to provide precise information on the impact of the reorganization of the inspection services on the work of the labour inspectorate.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(a), 22, 23 and 24 of Convention No. 129. 1. Cooperation with judicial authorities. The Government provides information regarding the cooperation between the labour inspectorate and judicial bodies in the context of legal review of inspector decisions, explaining that when a party appeals to the Administrative Court, the Ministry of Labour, Employment, and Social Dialogue must respond and submit the case file, retrieved from the Labour Inspection Department, within 30 days. The court’s ruling is then forwarded to the Labour Inspection Department for further action. Regarding the Committee’s previous request on the outcome of judicial proceedings resulting from investigations initiated following actions taken by labour inspectors, the Government indicates that misdemeanour courts regularly submit rulings in proceedings initiated based on inspection oversight and that during 2023–2024, misdemeanour courts concluded 305 cases. The Committee takes note of this information which addresses its previous request.

2. Discretion of labour inspectors to give warning and advice. The Committee previously noted that it is not always clear from the text of the Law on Inspection whether inspectors have discretion in giving warning and advice instead of instituting or recommending proceedings. In this respect, the Government indicates that following the adoption of the Law on Amendments to the Law on Inspection, section 15(1) of the Law on Inspection prescribes the actions and measures that an inspector is obliged to take, while section 15(3) specifies the inspector’s authority to issue a misdemeanour order; file a request to initiate misdemeanour proceedings; or file a criminal or other appropriate report. Thus, according to the Government, while inspectors are authorized to impose misdemeanour sanctions on employers, they are not obligated to do so. The Government also indicates that when imposing measures, the principle of proportionality (section 7 of the Law on Inspection) is taken into account and in cases of serious breaches misdemeanour sanctions are typically applied as it has proven effective in upholding labour legislation. The Committee takes notes of this information, which addresses its previous request. 

Article 7 of Convention No. 81 and Article 9 of Convention No. 129, Training of labour inspectors. The Government indicates that inspectors have both the right and the obligation to attend training sessions organized by the Human Resources Administration. The Committee requests the Government to provide information on the frequency and content of training, and on the number of inspectors that participated in such training. The Committee requests the Government to provide information on measures taken or envisaged to organise targeted trainings for labour inspectors in agriculture.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of labour inspectors. The Committee notes that the number of labour inspectors decreased from 43 in 2021 to 26 inspectors. The Government indicates that 13 positions are systematized for labour inspectors on occupational safety and health (OSH) and that compared to the previous period, the OSH Inspection has one new inspector position, as well as one Senior Advisor and one Senior Clerk position. The Government indicates that it is necessary to work on increasing the number of inspectors, especially given the growth in the number of business entities. The Committee requests the Government to provide information on the reason for the decrease in the number of labour inspectors, as well as information on measures taken or envisaged to ensure that the labour inspectorate has a sufficient number of inspectors to ensure the effective discharge of its duties, in accordance with Article 10 of Convention No. 81 and Article 14 of Convention No. 129.

Articles 11 of Convention No. 81 and Article 15 of Convention No. 129. Allocation of resources. The Government indicates that inspectors are well equipped in terms of laptops and mobile printers and that office conditions are satisfactory in seven municipalities. It indicates however that in five coastal municipalities, offices are inadequate for work – they are located in older buildings, have limited space, and are furnished with outdated office equipment. Furthermore, the Committee notes that the vehicles available to labour inspectorate decreased from 24 vehicles in 2021 to 10 in 2025. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the capacity of the labour inspection offices in the five municipalities where offices are inadequate. It also requests the Government to strengthen the transport facilities available to inspectors, particularly in regions where public transport facilities are scarce. 

Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Free entry without previous notice. In its previous comments, the Committee noted that under the Law on Inspection, labour inspectors must leave an invitation for the relevant entity to attend the inspection at a specified date and time when the responsible person cannot be found (section 27) or the identity of the supervised entity cannot be determined (section 35), and if there is no response, the inspection may proceed without their presence. The Committee observed that this requirement could have the same effect as giving a previous notice of inspection. The Government indicates that the Law on Amendments to the Law on Inspection, revised section 27 to allow inspectors to conduct inspections without the presence of the responsible person and without issuing a prior invitation, if the inspector deems that issuing an invitation would reduce the efficiency of the inspection. In reply to Committee’s previous request on the implementation in practice of section 35 of the Law on Inspection, the Government indicates that it is rarely applied by labour inspectors in practice and is more commonly used by other types of inspections since labour inspectors typically identify the supervised entity through statements from those present at the workplace. The Committee requests the Government to provide information on the number of announced and unannounced inspections conducted by labour inspectors.

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 reply to the Committee’s previous request, the Government indicates that given that there is currently no institution responsible for verifying occupational diseases, cooperation is established with a relevant institution in a neighbouring country. The Committee requests the Government to provide information on this cooperation and to indicate how it ensures the notification of occupational accidents and diseases to the labour inspection services. It also refers to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), in this respect.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes that the Government’s report and the 2024 Labour Inspection Report contain information regarding the staff of the labour inspection service (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129); and statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129). It also notes that the Government, in its reports submitted under the Conventions pertaining to OSH, provided statistics of occupational accidents (Article 21(f) of Convention No. 81 and Article 27(f) of Convention No. 129). The Committee notes that the report does not contain information on statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129) and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129). The Committee requests the Government to indicate the measures taken or envisaged to ensure that the annual labour inspection reports are regularly published and communicated to the ILO, and that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. It requests the Government to provide disaggregated data for agriculture in particular. 

Issues specifically concerning labour inspection in agriculture  

Article 21 of Convention No. 129. Inspection visits in agriculture. In reply to the Committee’s previous request, the Government indicates that in 2023 and 2024, 70 inspections were carried out at employers engaged in forest exploitation and rough wood processing, dairies, poultry farms, and fruit and vegetable production. With regard to OSH, the OSH Inspection conducted 27 inspections in 2024 (up to April 2024). The Government indicates that strengthening cooperation between the labour inspectorate and other authorities that hold information on agricultural enterprises is essential for conducting more frequent inspections in this sector. 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.