Pursuant to Article 95 line 3 of the Constitution of Montenegro, I hereby adopt the Decree on the promulgation of the Law on Labour Inspection
I hereby proclaim the Law on Labour Inspection, which was adopted by the Parliament of Montenegro on its 23 rd session, on the sixth session of the second regular session in 2008, on the 17 th of December 2008.
No.: 01-2108/2 Podgorica, 22 nd of December, 2008 President of Montenegro, Filip Vujanović , s.r. Law on Labour Inspection
The Law was published in the “Official Journal of Montenegro”, No. 79/2008 of 23.12.2008.
Subject Article 1 Inspection supervision of local and foreign legal and natural entities, who perform economic activities, institutions and other legal and natural entities (hereinafter referred to as: the subject of supervision), in relation to compliance with the Law and other regulations on labour, employment and safety at work, Collective Agreements and Labour Contracts, and in relation to practicing rights on strike, shall be performed by the Ministry responsible for labour-related matters (hereinafter referred to as: the Ministry).
Competencies of inspectors Article 2 Activities under inspection supervision referred to in Article 1 of the present Law shall be directly performed by Labour Inspectors and Safety at Work Inspectors.
While performing inspection supervision referred to in paragraph 1 of this Article, Inspectors shall have authorizations and responsibilities established by the Law on Inspection Supervision (hereinafter referred to as: the Law).
Protection identity of the applicant of initiatives Article 3 Inspectors referred to in Article 2 of the present Law must keep strictly confidential the identities of applicants of initiatives, which imply violation of the Law, other regulations, Collective Agreements and Labour Contracts.
The Employer must not be informed that the inspection supervision resulted from application of the initiative referred to in paragraph 1 of this Article.
Authorization of Inspectors to enter premises of the controlled subject Article 4 Inspector shall be authorized to enter business premises of the Employer without prior notification, in accordance with the Law.
Inspector shall be authorized, in addition to reviewing documents of the Employer, to copy or make extracts from such documents, with an obligation to keep them as a business secret.
If it is necessary for the Inspector to inspect individual residential premises where activities of the Employer are performed during the inspection supervision, and the Employer or employees oppose that, he/she must obtain the authorization issued by the competent court to perform inspection of such premises.
Prohibition of work by Labour Inspectors Article 5 When the process of the inspection supervision establishes violation of the Law, other regulation, Collective Agreement or Labour Contract, the Labour Inspector shall be obliged, in addition to administrative measures and actions prescribed by the Law, to temporarily prohibit the work of the subject of the supervision by a decision, if the inspection supervision establishes that: 1) the Labour Contract is not concluded with a person to be employed prior to employment; 2) the Full Time Labour Contract is not concluded if the employee continues to work after the expiry of the period for which the Part Time Labour Contract was concluded; 3) the Labour Contract with a foreigner is not concluded (a foreign citizen and a person without citizenship), under the terms established by a separate Law; 4) a person with whom a Labour Contract or special types of Labour Contracts are signed is not registered for mandatory social insurance (health, pension and disability and unemployment insurance), in accordance with the Law; 5) contributions for mandatory social insurance are not paid for the person with whom Labour Contract or special types of Labour Contracts are signed; 6) payment of all outstanding wages, compensation of wages and other forms of income is not made, which the employee earned up to the day of the cease of labour relation, and the payment of contributions for mandatory social insurance in accordance with the Law.
Prohibition of work by the Safety at Work Inspector Article 6 When the procedure of inspection supervision establishes that the Law and other regulations related to safety at work are violated, the Safety at Work Inspector shall be obliged, in addition to administrative measures and actions prescribed by the Law, to temporarily prohibit the work of the subject of supervision based on the Decision if: 1) established that there is a direct risk for life or that health of employees is at risk; 2) actions are not taken in accordance with the Decision for removing gaps in safety at work at the work place; 3) generally recognized safety at work measures are not implemented, which can remove risks at work; 4) established that means of work are used which are not subject to prescribed safety at work measures; 5) established that prescribed means or equipment for personal safety at work of employees are not used; 6) employees work at a work place with increased risk, and does not meet the prescribed requirements to work at such a work place, and if employees have not undertaken medical examination in the prescribed period; 7) established that the employee is not trained for safe work at the work place he/she work at. Duration of the prohibition Article 7 The prohibition of work referred to in Articles 5 and 6 of the present Law shall continue until irregularities are removed, while the circumstances which caused the prohibition remain respectively.
The prohibition of work shall be performed by sealing the means of work, business premises or other premises where activities of the Employer are implemented.
The Inspector shall perform the sealing referred to in paragraph 2 of this Article by placing official seal on the sealing and the security cord.
Submission of reports Article 8 Inspector shall be obliged to submit to the Ministry the Progress Report: - minimum once a month, by the fifth of the month for the previous month; - annual Progress Report by the 15 th of January of the current year for the previous year; - on any inspection performed following the initiative; - on the inspection performed in case of injury at work; - as needed, following the request of the Chief Inspector.
The method, the procedure and the content of the form which is used for submitting the report referred to in paragraph 1 of this Article shall be prescribed by the Ministry.
Records Article 9 Inspector shall be obliged to keep records on implemented supervision and measures undertaken.
The content of the form which is used to keep records referred to in paragraph 1 of this Article shall be prescribed by the Ministry.
Penalty provisions Article 10 A financial penalty of fifty times to two hundred times minimum wage in Montenegro shall be imposed on the legal entity and the entrepreneur for the violation which implies that contributions referred to in Article 5, paragraph 1, line 4 of the present Law are not paid.
A financial penalty of ten times to twenty times minimum wage in Montenegro shall be imposed on the responsible person of the legal entity and natural entity for the violation referred to in paragraph 1 of this Article.
Cessation of the Law Article 11 The Law on the Labour Inspection (“Official Journal of the Republic of Montenegro”, No. 69/03) shall cease to be valid on the day of coming into force of the present Law.
Coming into force
The present Law shall come into force on the eight day from its publishing in the “Official Journal of Montenegro”.
SU-SK no. 01-969/6 Podgorica, 17th of December 2008
Parliament of Montenegro