Unemployment Convention, 1919 (No. 2) - Montenegro (Ratification: 2006)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2(2) of the Convention. Coordination of the activities of public and private employment services. The Government indicates in its report that there are now six registered private employment agencies in Montenegro. The Committee notes with interest the new Law on Mediation in Employment and Rights arising from Unemployment (published in the Official Gazette of Montenegro, No. 24/19), which entered into force on 30 April 2019 and supersedes the previous Law on Employment and Exercise of the Rights Arising from Unemployment Insurance. The Law regulates the establishment and functioning of employment agencies. Article 13 of the Law stipulates that employment related matters performed by employment agencies are of public interest and include: preparation for employment, mediation in employment, implementation of active employment policy measures, and other activities aimed at reducing unemployment. In response to the Committee’s previous comments regarding the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181), the Government reports that it is currently assessing the harmonization of the national legislation and practice with the requirements of the Convention. It adds that, following the assessment, it will consult with the social partners regarding the possible ratification of Convention No. 181. In its 2010 General Survey on employment instruments, the Committee recalled the historical background of the adoption of this Convention, observing that the Convention recognizes the existence of private free employment agencies and requires member States to coordinate the operations of private and public agencies on a national scale (paragraph 188). The Committee requests the Government to continue to provide information on the measures taken to coordinate the activities of the public and private employment services with a view to reducing unemployment. It requests the Government to continue to provide updated information on any developments in relation to the possible ratification of Convention No. 181.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(2) of the Convention. Coordination of the activities of public and private employment services. The Government indicates in its report that there are five registered private employment agencies in Montenegro. Employment agencies are required to keep records of their activities and report twice a year to the Employment Office of Montenegro. In reply to the previous direct request, the Government indicates that it is still examining the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181), by analysing the experience of other countries and through consultations with the social partners. In its 2010 General Survey on employment instruments, the Committee recalled the historical background in which Convention No. 2 was adopted and indicated that the Convention recognizes the existence of private free employment agencies and requires member States to coordinate the operations of private and public agencies on a national scale (paragraph 188). The Committee notes that the Employment Service Convention, 1948 (No. 88), has been ratified by Montenegro. As Convention No. 88, Convention No. 181 recognizes the role played by public employment services and private employment agencies to achieve an optimal labour market functioning and thus the realization of the right to work. The Committee invites the Government to continue to provide information on the measures taken to coordinate the activities of public and private employment services with a view to combating unemployment. Please continue to provide information on any developments towards the ratification of the Private Employment Agencies Convention, 1997 (No. 181).

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

The Committee notes the Government’s first report on the application of the Convention received in August 2009. The Committee refers to its comments made under the Employment Service Convention, 1948 (No. 88), and the Employment Policy Convention, 1964 (No. 122), for a more detailed analysis of the Montenegrin active employment policy to combat unemployment, including the activities carried out by the National Employment Agency of Montenegro.

Article 2(2) of the Convention. Coordination of the activities of public and private employment services. The Committee notes that the Employment Act regulates the coordination of the activities of public and private employment agencies. The Government reports that there are nine registered free private agencies in Montenegro that carry out intermediation services. It indicates that within the 2009 Government Work Programme, it was proposed to ratify the Private Employment Agencies Convention, 1997 (No. 181), which would harmonize the work and scope of the public employment service and private agencies. In its 2010 General Survey on employment instruments, the Committee recalled the historical background in which Convention No. 2 was adopted and indicated that the Convention recognizes the existence of private free employment agencies and requires member States to coordinate the operations of private and public agencies on a national scale (paragraph 188). The Committee notes that the most recent international labour standards, such as Conventions Nos 88 and 122, have already been ratified by Montenegro. As Convention No. 88, Convention No. 181, recognizes the role played by public employment services and private employment agencies to achieve an optimal labour market functioning and thus the realization of the right to work. The Committee therefore invites the Government to provide in its next report on Convention No. 2 information on the follow-up regarding the ratification of the Private Employment Agencies Convention, 1997 (No. 181), and any other steps taken as a means of coordinating the activities of public and private employment services with a view to combating unemployment.