Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 5(b) of the Convention. Collaboration between labour inspectors and employers and workers. The Committee notes the Government’s reply to the comments previously made by the Union of Free Trade Unions of Montenegro (USSCG) in a communication dated 2 September 2009 concerning the lack of collaboration between the labour inspection and trade unions. The Government refers to the obligation of professional secrecy of labour inspectors under Article 15(b) of the Convention, as the reason for the non-association of trade union representatives in inspection visits and indicates that the labour inspectorate responds to all calls by trade unions to participate in round tables, if the workload and the limited number of labour inspectors allow for such participation.

The Committee recalls that, according to Article 5(b) of the Convention, appropriate arrangements should be made to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee refers in this regard to the guidance provided in Paragraphs 5–7 of the Labour Inspection Recommendation, 1947 (No. 81) with regard to various arrangements, including direct collaboration between representatives of workers and management and officials of the labour inspectorate, in the course of investigations and, in particular, inquiries into industrial accidents or occupational diseases (Paragraph 5) as well as the organization of conferences or joint committees or similar bodies, in which representatives of the labour inspectorate discuss with organizations of employers and workers questions concerning the enforcement of labour legislation and the health and safety of the workers (Paragraph 6). The Committee would be grateful if the Government would provide information on any measures taken or envisaged to promote such collaboration between the labour inspection services and the social partners, including through the tripartite Social Council (subcommittee on occupational safety and health and labour inspection), as well as awareness-raising campaigns on the role of the labour inspectorate and the development of leaflets and other media tools, as recommended in the 2009 labour inspection audit carried out by the ILO.

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