Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes a report, received in December 2003, on the application of the Convention in the Republic of Serbia, and a report, received in August 2005, on the application of the Convention in the Republic of Montenegro. It requests the Government to provide additional information in its next report on the following points.

Republic of Serbia

1. Functions of labour inspectors. The Committee notes that labour inspectors exercising their functions in fields other than occupational safety and health focus their efforts in particular on combating illegal employment. It points out that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3, paragraph 2, of the Convention). The Committee requests the Government to indicate in this regard the duties entrusted to labour inspectors pursuant to the Law on Private Entrepreneurs and the Law on Enterprises. Please also provide copies of the State Administration Law and the Law on General Administrative Proceedings.

2. Collaboration with employers and workers. Please provide information on the measures taken to ensure effective collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

3. Initial and subsequent training of labour inspectors. Please provide detailed information on the measures implemented to ensure that labour inspectors receive adequate training both at the time of appointment to the service and subsequently (Article 7, paragraph 3).

4. Gender balance within the labour inspectorate. Please indicate the proportion of women within the labour inspectorate, stating their distribution by grade and whether special duties are assigned to them, as envisaged by Article 8 of the Convention.

5. Material resources. Please provide information on the resources, premises, equipment and vehicles furnished to labour inspectors for the performance of their duties, as well as the accessibility of local offices for those concerned (Article 11, paragraph 1). Please transmit any text providing for the reimbursement to labour inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11, paragraph 2).

6. Prosecution of violations. Please indicate whether exceptions to the principle of immediate prosecution of violations of legal provisions are provided for by the national legislation, in order that prior notice may be given so that the situation may be resolved or that preventive measures be taken, as provided for by Article 17, paragraph 1, and whether labour inspectors are able, in accordance with Article 17, paragraph 2, to give warning or advice instead of instituting or recommending proceedings.

7. Penalties. Please indicate whether the national legislation establishes penalties for obstructing labour inspectors in the performance of their duties (Article 18).

8. Publication of an annual report. The Committee notes that no annual inspection report has been transmitted to the International Labour Office. It requests the Government to ensure that such a report on the subjects covered by Article 21 is published and transmitted to the International Labour Office in the form and within the time limits prescribed by Article 20.

Republic of Montenegro

1. Functions of labour inspectors. Please indicate the manner in which effect is given to Article 3 of the Convention.

2. Structure and organization of the labour inspectorate. Please provide information on the structure and organization of the labour inspectorate and transmit the organization chart of the inspection services (Article 4). Please transmit the Labour Inspection Act (Official Journal of the Republic of Montenegro No. 69/03), the Occupational Safety Act (Official Journal of the Republic of Montenegro No. 79/04) and the Decree on Joint Inspection (Official Journal of the Republic of Montenegro No. 48/2003).

3. Collaboration with employers and workers. Please provide information on any measures taken to promote collaboration between the officials of the labour inspectorate and the employers and workers or their organizations, in accordance with Article 5(b).

4. Initial and further training of labour inspectors. Please provide information on the measures taken to ensure that labour inspectors receive adequate training at the time of appointment to the service and communicate detailed information on the annual seminar organized for labour inspectors, its length, programme and the number of inspectors participating (Article 7, paragraph 3).

5. Gender balance within the labour inspectorate. Please indicate the proportion of women within the labour inspectorate, indicating their distribution by grade and whether special duties are assigned to them, as provided for by the provisions of Article 8.

6. Workplaces liable to inspection and workers employed therein. Please indicate the number of workplaces liable to inspection and the workers employed therein (Articles 10 and 21(c)).

7. Reimbursement of expenses to labour inspectors. Please transmit any text providing for the reimbursement to labour inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11, paragraph 2).

8. Powers of inspectors. Please indicate the measures taken to give effect to each of the provisions of Article 12.

9. Obligations of labour inspectors. Please indicate the provisions prohibiting labour inspectors from having any direct or indirect interest in the undertakings under their supervision and ensuring their professional secrecy and discretion, in accordance with Article 15.

10. Prosecution of violations. Please indicate the manner in which effect is given to the provisions of Article 17.

11. Publication of an annual report. The Committee notes the report on the work of the labour inspectorate for the period between 2001 and 2005. It requests the Government to take such measures as are necessary to ensure that the report on the work of the labour inspectorate is prepared on an annual basis and that it contains information on all the subjects covered by Article 21 of the Convention, including statistics on workplaces liable to inspection and the number of workers employed therein (clause (c)). The Committee also requests the Government to ensure that this report is published and transmitted to the International Labour Office within the time limits prescribed by Article 20.