Geneva: Adress by the Minister of Labour and Social Welfare Suad Numanovic at International Labour Conference

99th Session
International Labour Conference
Geneva, 02 -18 June 2010


Addressed by

Suad Numanovic MD
Minister of Labour and Social Welfare
Geneva, 15 June 2010



Dear chairman,
General Director,
Dear colleagues,
Ladies and gentlemen

Montenegro, after achieving the membership in International Labor Organization in 2007, through succession, took over 68 conventions signed by State Union of Serbia and Montenegro, and that way officially took over the obligation of their implementing.

Within corpus of these, are also eight fundamental conventions, among which Convention no. 138 minimum ages necessary for employment and Convention no. 182 about the worst forms of child labour. According the Constitution of Montenegro, confirmed and announced international agreements and generally accepted regulations of the international law are composition part of internal legal norms, and by legal force are above the law.

State of Montenegro accepted the majority of international agreements for protection and improvement of human rights and freedoms, among which Convention on the rights of the child from 1989, ILO Convention no. 100 on equal remuneration for men and women, ILO Convention no. 111 on forbidding discrimination in employment and occupation. As very important fact, we emphasize that, in December 2009, we accepted the Law on confirming of Revised European Social Charter, international instrument which presents one of central international - legal protection mechanisms of social, economic and culture rights in Europe.

Montenegro has retified ILO Convention 144 on tripartite consultations and adopted Law on Social Council. Through functioning of Social Council we are implementing and developing tripartite dialogue. Social partners are equally represented and they are envolved in work of all Social Council sections, which cover fields of work, employment, labour protection, social insurance etc.
Montenegro has adopted Law on Trade Union Representativenes, and create conditions for Trade Union pluralism and their involment in social dialogue.

Labor Law of Montenegro for general conditions for concluding work agreement provides condition that person is at least 15 years old, and to has general health ability. Ages of at least 15, based on medicine, psychological and sociologic standards represents down age limit for involving into work process, without greater danger for life and health of employed person. General health ability should provide that in the process of work are included persons whose general health condition enables exposing to usual work conditions, in accordance with Convention No. 138 and ILO Recommendation No. 146 on minimum ages necessary for employment. Work agreement can be concluded with person younger than 18, but only with written consent of parents, if such work does not harm its health, it is not forbidden by the law, and only based on the findings of in charged health body which establishes its ability for carrying out concluded in the contract work.

Also, Labor Law defines, in the frame of employees' protection, special protection of younger than 18. On the places where jobs are performed under especially unsuitable conditions, where are taken special measures of working and environmental protection, and where is increased the risk for health and life, younger than 18 cannot work. Putting this category of employees to such working places in unlawful. Provisions are of imperative character and they represent violation, so it is established responsibility for cases of their violation.

Protection of persons younger than 18 is defined in forbidding work at night, and longer than full working hours. It is forbidden overwork to minor employee, having in mind that its psycho-physical constitution is not suitable for work longer than full working hours. The exception of regulation forbidding working at night is situation when is necessary to be continued the work stopped as a consequence of natural hazards, when is necessary to stop the damage on products or other materials. Such exceptions have to be applied restrict, and on their applying decides authority of employer. This matter is arranged on the way that it meets the requirements from audited ILO Convention No. 90 on the night work of young person in the industry, which Montenegro verified as well.

Within legal reforms, I would like to point out that Montenegro, for the first time, normative and as a whole, with bringing separate law, regulates the issues of voluntary work, which is in accordance with international documents for this field. Voluntary work, by its nature, represents work, and as such is recognized in the ILO Manual on measuring voluntary work, and represents its first characteristic.

Voluntary work can be carried out by minor, but cannot be younger than 15, and for them are applied special principles for minor volunteers. Minor volunteer can conclude contract on volunteer work only with written consent of parents. The fact that it is work about, obliged us to define down age border for children who are carrying out this kind of work. Labor Law defines that limit at the age of 15, so this work is limited for children under that ages. Mentioned ages are defined as we had in mind that as a child is considered every person from moment of being born till the ages of 18, or, by definition of Convention on the rights of child and Family Law of Montenegro, till achieving maturity. This means that children under 15 are not allowed to carry out voluntary work, and that fact provides protection defined by Constitution. The Constitution of Montenegro warranties to child rights and freedoms suitable to its ages and maturity, as well as special protection of psychic, physical, economical and every other kind of exploitation and abuse.

I would like to point out that the issue of volunteering is treated through the Strategy of volunteering development in Montenegro, which provides the possibility to the child younger than 15 to be involved in performing educative volunteering activities, but within the frame of educative system, with purpose of education.
Surveillance under applying Labor Law and other labour regulations is carried out by Ministry of Labour and Social Welfare through labour inspection. Labour inspection of Montenegro exists from 1946., and performs surveillance under applying regulations which define working relations and employment. When it is child work about, we can say that during surveillance of this inspection is not recorded work of children, and there are fully respected provisions of the Labor Law and relevant conventions.

Labour inspection, during its control procedure, was never recorded presence of children's work younger than 15, so we can say that in Montenegro there is no children work, and we fully respected regulations in this area.

Thank you for your attention.
15 June 2010.