Country profile MNE
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2018 | 5-17 | 8.4 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 6.9 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 7.7 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 8.5 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2018 | 5-17 | 7 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2018 | 5-17 | 7.7 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2008 ; 2015 | C138 & C182 | Labour Law of Montenegro - Articles 104 and 106, Regulations on Measures of Protection in the Workplace - Articles 7 and 8 | [{"link_name":"-Labour Law of Montenegro","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/80457/MGO80457%202014.pdf"},{"link_name":"-Regulations on Measures of Protection in the Workplace","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/108485/MGO108485%20eng.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Articles 104 and 106 of the Labour Law, along with Articles 7 and 8 of the Regulations on Measures of Protection in the Workplace, establish the framework for identifying hazardous occupations or activities prohibited for children. These provisions require employers and competent authorities to ensure that children under 18 are not employed in hazardous work, and to implement safety and protective measures in the workplace accordingly. |
| Minimum age for hazardous work | 2008 | C138 & C182 | Labour Law of Montenegro - Articles 17, 172, and 173 | [{"link_name":"Labour Law of Montenegro","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/80457/MGO80457%202014.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Articles 17, 172, and 173 of the Labour Law set 18 years as the minimum age for hazardous work. These articles prohibit employment in hazardous work for persons under 18 and prescribe protective measures, including medical examinations and restrictions on working conditions. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2003 | C182 | Criminal Code of Montenegro - Articles 300 and 301 | [{"link_name":"Criminal Code of Montenegro","source_link":"https://track.unodc.org/uploads/documents/BRI-legal-resources/Montenegro/3_-Criminal_Code_of_Montenegro_2018_English_version.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Articles 300 and 301 of the Criminal Code explicitly prohibit the use, procuring, or offering of children for illicit activities, including the production and trafficking of narcotic drugs. These provisions impose penalties on offenders to protect minors from exploitation in such criminal acts, aligning with the requirements of C182. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2003 | C182 | Criminal Code of Montenegro - Articles 211, 444, and 445 | [{"link_name":"Criminal Code of Montenegro","source_link":"https://track.unodc.org/uploads/documents/BRI-legal-resources/Montenegro/3_-Criminal_Code_of_Montenegro_2018_English_version.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Articles 211, 444, and 445 of the Criminal Code criminalise child pornography and trafficking of children for sexual exploitation. Article 211 specifically prohibits the production, distribution, possession, and use of child pornography and prescribes penalties for offenders. Articles 444 and 445 criminalise trafficking, procuring, or offering children for prostitution or sexual exploitation. These provisions collectively protect children from exploitation for prostitution and pornography, in line with C182 requirements. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2003 | C182 | Declaration of the Law on the Army of Montenegro - Articles 47, 188, 195 ; Criminal Code of Montenegro - Article 444 | [{"link_name":"Criminal Code of Montenegro","source_link":"https://track.unodc.org/uploads/documents/BRI-legal-resources/Montenegro/3_-Criminal_Code_of_Montenegro_2018_English_version.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Montenegro has no conscription and prohibits compulsory recruitment of children by the State military under provisions in the Declaration of the Law on the Army and the Law on the Armed Forces (Articles 47, 188, 195). The Criminal Code (Article 444) criminalises military recruitment by non-state armed groups. Together, these legal instruments prohibit forced or compulsory recruitment of children under 18, in compliance with C182. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2002 | C182 | Criminal Code of Montenegro - Articles 444 and 445 | [{"link_name":"Criminal Code of Montenegro","source_link":"https://track.unodc.org/uploads/documents/BRI-legal-resources/Montenegro/3_-Criminal_Code_of_Montenegro_2018_English_version.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Articles 444 and 445 of the Criminal Code criminalise trafficking in persons, including the sale and trafficking of children for sexual and labour exploitation. These provisions punish the recruitment, transportation, transfer, harbouring, or receipt of persons by means of threat, force, coercion, or deception for exploitation, regardless of the victim’s consent. The law establishes aggravated penalties when the victim is a child, ensuring compliance with C182’s prohibition of the sale and trafficking of children for sexual and labour exploitation. |
| Minimum age for admission to apprenticeship | 2008 | C138 | Labour Law of Montenegro | [{"link_name":"Labour Law of Montenegro","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/80457/MNE80457_Labour%20Law%20Dec2019_Official%20ENG.pdf"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Montenegro's Labour Law sets the minimum age for employment at 15 years. However, the law does not explicitly define a minimum age for apprenticeships or traineeships. The ILO has requested the Government of Montenegro to indicate the minimum age for such programs . |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2008 | C138 | Labour Law of Montenegro | [{"link_name":"Labour Law of Montenegro","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/80457/MNE80457_Labour%20Law%20Dec2019_Official%20ENG.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Montenegro’s Labour Law sets the minimum age for employment at 15 years, which aligns with the typical age of completion of compulsory schooling in the country. The law prohibits employment below this age to ensure that children complete their compulsory education before entering the workforce. |
| Light work - Determination of types and conditions of activities | 2008 | C138 | Labour Law of Montenegro | [{"link_name":"Labour Law of Montenegro","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/80457/MNE80457_Labour%20Law%20Dec2019_Official%20ENG.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Montenegro’s Labour Law does not explicitly define “light work” or specify a list of activities considered as light work. Since employment is generally prohibited for persons under 15, the law does not establish specific hours or conditions for light work. Employers must comply with general protective provisions related to employment of minors aged 15 to 18, including restrictions on working hours and hazardous work outlined in other articles. |
| Minimum age for light work | 2008 | C138 | Labour Law of Montenegro | [{"link_name":"Labour Law of Montenegro","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/80457/MNE80457_Labour%20Law%20Dec2019_Official%20ENG.pdf"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | While the law doesn't explicitly define "light work," it sets 15 as the minimum age for employment in general. Children under 15 are not permitted to be employed, even for light work, according to national labor legislation. |
| Minimum age for admission to work | 2008 | C138 | Labour Law of Montenegro - Articles 16, 17 | [{"link_name":"Labour Law of Montenegro","source_link":"https://www.euprava.me/ResourceManager/FileDownload.aspx?rId=22&rType=2"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 16 of the Labour Law sets the minimum age for signing a labour contract at 15 years, requiring the person to have general good health. Article 17 permits the signing of a labour contract with persons under 18 only with written parental consent and a medical certificate confirming that the work is suitable and does not endanger the health, morals, or education of the minor. Additionally, the law provides special protection measures for employees under 18, including restrictions on working hours and prohibitions on hazardous or morally harmful work, ensuring that young workers’ health, development, and education are safeguarded. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 03-JUN-2006 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 03-JUN-2006 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The Protocol provides guidelines for action to all actors who deal with children, but also the family, so that they can take actions and measures to protect children involved in life and work on the streets in accordance with the rights of the child. | [{"link_name":"Protocol on the acting of authorities, institutions and organizations in Montenegro regarding children involved in living and working on the streets","source_link":"https://www.gov.me/en/documents/bd6ae515-d8e2-476d-968f-77d4708e4d1e"}] | Since 2019 | Protocol on the acting of authorities, institutions and organizations in Montenegro regarding children involved in living and working on the streets | Ministry of the Interiror |
| The goal of this Agreement is to enhance cooperation between the relevant national actors on prevention, education, detection of perpetrators, prosecution of perpetrators, as well as identification, protection, integration, reintegration and rehabilitation of potential victims of human trafficking, especially women and children, with full respect for their human rights. The Agreement ensures the physical, psychological, health, social and child protection of victims of human trafficking, their integration into the new society, that is, reintegration, in case of voluntary return to the country of origin. | [{"link_name":"Agreement on mutual cooperation in the field of combating trafficking in human beings","source_link":"https://www.gov.me/dokumenta/17ce708b-aa72-4442-b398-342f0ca28587"}] | Since 2007 | Agreement on mutual cooperation in the field of combating trafficking in human beings | Ministry of the Interiror |
| This program addresses access to social services for children, synchronizes the legal framework with EU and UN standards, implements and monitors policies relevant to children, and applies the principles of the UN Convention on the Rights of the Child. | [{"link_name":"UNICEF Country Program","source_link":"https://www.unicef.org/executiveboard/documents/montenegro-country-programme-document-srs-2022"}] | 2023–2027 | UNICEF Country Program | Implemented by UNICEF in cooperation with the Government of Montenegro. |
| This strategy outlines objectives for addressing human trafficking by raising public awareness, strengthening the capacity for victim identification and services provision, improving interagency coordination, and raising the efficiency of prosecutions. | [{"link_name":"National Strategy for Combating Human Trafficking","source_link":"https://www.osce.org/files/f/documents/8/d/424622.pdf"}] | 2019–2024 | National Strategy for Combating Human Trafficking | Implemented by the Ministry of Interior |
| This strategy aimed to enhance children's ability to exercise their rights by improving the application of laws related to children, supporting vulnerable children, including those with disabilities, and preventing violence against children and the worst forms of child labor. | [{"link_name":"Strategy for Exercising the Rights of the Child in Montenegro","source_link":"https://www.unicef.org/montenegro/media/11026/file/MNE-media-MNEpublication331.pdf"}] | 2019–2023 | Strategy for Exercising the Rights of the Child in Montenegro | Implemented by the Ministry of Labor and Social Welfare |