Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Inspection Convention, 1947 (No. 81) - Montenegro (Ratification: 2006)

Referring also to its observation, the Committee draws the Government’s attention to the following points.

Article 4 of the Convention. Structure of labour inspection. The Committee notes that the labour inspection is located in the Department of Labour and OSH Inspection, with two different inspections at the same level, the so-called Labour Relations Inspection (directed by the Labour Relations Inspector Chief) and the OSH Inspection (directed by the OSH Inspector Chief). The OSH Inspection covers the field of occupational safety and health in all sectors, including state and local administration, except the mining industry. Inspections of prison work and self-employed are included in the scope of coverage of both Inspections.

The Committee notes that the Labour Inspection audit report recommends to place the labour inspectorate under the direct and exclusive control of a central state authority in order to facilitate the establishment of formal plans for a better integrated labour inspection system at all levels throughout the country and make it possible to use short resources in a more rational way.

Article 5(a). Collaboration with other authorities. The Committee notes that according to the information provided by the Government and in the Labour Inspection audit report, collaboration and relationships between the two departments (Labour Relations Inspection and OSH Inspection) as well as with other institutions and authorities are good, but informal. Thus, the audit report recommended a more targeted institutional and formal approach, i.e. through institutional agreements among the different authorities.

Article 5(b). Collaboration with the social partners. The Committee draws the Government’s attention to the fact that the Labour Inspection audit recommends awareness-raising campaigns on the role of the labour inspectorate among the social partners and the development of leaflets and other media tools. It suggests that the institutional consideration of the subject of labour inspection at the tripartite Social Council (in the subcommittee on OSH and labour inspection) which has been set up recently could be an option to promote the involvement of the social partners in the role and general activities plan of labour inspection.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that labour inspectors at the Ministry of Health, Labour and Social Welfare (MHLSW) are civil servants who are re-elected every four years once they pass an evaluation of their skills. The Committee would like to underline the point expressed in the Labour Inspection audit report that such a re-election system is not compatible with the idea of stability of employment. In this regard, the Committee would like to refer the Government to its General Survey of 2006 under paragraph 201, where it pointed out that the public servant’s status was best suited to guarantee the independence and impartiality of labour inspectors which is necessary for the performance of their duties. As regards poor motivation due to low salaries and limited career prospects, the Labour Inspection audit recommends the redesigning of personnel policies to ensure that inspectors have incentives to promotion and to ensure that qualified and motivated staff in the inspection services is retained.

Article 7. Initial and further training of labour inspectors. The Committee notes from the Labour Inspection audit report that training of labour inspectors merely consists in the mentoring of newly recruited labour inspectors. It therefore recommends the establishment of a general and national training plan for inspectors, which ensures sustainability of initial as well as further training (including refresher, on-the-job (in-service) or specialist trainings, that is on the recent adoption of a number of important new labour and OSH legislations).

Article 10. Number of labour inspectors. The Committee notes that there is currently a total number of 36 labour inspectors (25 inspectors charged with the control of general labour conditions and 11 inspectors charged with the control of safety at work). In this regard, the Labour Inspection audit report recommends that a budget is provided to cover current vacancies (which are a result of inspectors having quit their jobs) and increase the number of inspectors in order to put inspectors in a position to effectively discharge the various tasks imposed on them.

Article 11. Working conditions of labour inspectors. The Committee notes that working conditions of labour inspectors are not appropriate: bad conditions of offices and office facilities (lack of computers, fax equipment, no Internet access, no technical measuring tools or personal protection equipment, lack of operational vehicles). It notes that labour inspectors usually use their own cars for inspection visits, get a monthly lump sum of €70 reimbursement for petrol, while the use of public transport does not seem to be reimbursed. Therefore, the Labour Inspection audit report recommends that labour inspectors are provided with at least minimum logistical and technical support.

Article 16. Planning of inspection visits. According to the Labour Inspection audit report, internal procedures should be improved and inspection forms and procedures prepared with a view to facilitating information exchange and enhancing the value of inspection visits. Also, checklists should be drawn up for use during inspections. In addition, before inspections take place, inspectors should prepare the visits by checking files, records, location of the establishment, contact person, number of workers, previous violations, employers’ general attitude, work accidents, complaint letters, trade union presence and more. To facilitate the monitoring of non-compliance by sector and by locality, it is useful to establish a file and registry system.

According to the audit, there is a need for an up to date register of establishments at national level at the labour inspectorate as a useful tool for planning, preparing and for following-up inspections.

Register of enterprises. The Labour Inspection audit report therefore recommends the implementation of a simple and accessible (computerized) national level register of enterprises at the MHLSW. It points out that such a register could also help to develop a better general data and statistics at labour inspection level and for annual report purposes. It suggests that forms and registration and IT support at the national level should be put in place.

Register of cases of occupational disease. Further, it recommends the development of a national-level register on occupational accidents and cases of work-related disease on a sex disaggregated basis (maintaining personal confidentiality), to allow a better analysis of trends, as well as planning visits and organizing campaigns for prevention purposes.

Articles 17 and 18. Sanctions and administrative procedures. The Committee notes from the Labour Inspection audit report, that sanctions and enforcement in minor cases, at least as regards general conditions of work, are promptly applied and enforced (power of inspectors controlling general labour conditions to impose on-the-spot fines and rapid enforcement of these sanctions by the First Instance Offences Office at the MHLSW). However, the Labour Inspection audit suggests revising, streamlining and homogenizing of the current administrative sanctioning procedures, with the graduation of infractions according to different criteria to allow a better application of the sanctioning system. It equally recommends that OSH inspectors should have the same sanctioning procedures and powers as labour relations inspectors.

The Committee requests the Government to keep the ILO informed of all progress made as regards the abovementioned recommendations by the Labour Inspection audit and to communicate copies of any relevant legal provisions. It reminds the Government, as outlined in the Labour Inspection audit, that it may request further technical assistance of the ILO for the accomplishment of the abovementioned recommended measures in the Labour Inspection audit report, where appropriate.

Article 3, paragraph 1(b). Technical advice and information to employers and workers. The Committee notes the Government’s conclusion in its report that the detected violation of labour conditions through inspections is partly due to the lack of information by employees and employers and that inspectors are mainly entrusted with supervisory tasks. The Committee asks the Government to indicate the measures taken or envisaged to reinforce the educational functions of the labour inspectors provided for in this provision of the Convention vis-à-vis workers and employers.

Articles 20 and 21. Annual inspection report. The Committee notes that no annual inspection report of the kind provided for by the Convention has been received by the Office. The Committee requests the Government to take the necessary steps to enable the central inspection authority to publish and communicate to the International Labour Office a report on the work of the inspection services under its control.