Labour and employment

A foreigner may be granted a temporary residence and work permit if:

• he/she has means of subsistence;
• he/she has provided accommodation;
• he/she has health insurance;
• /she has submitted evidence justifying of the application for a permit issuance;
• he/she has a valid foreign travel document or identity card issued by the competent authority of another state;
• he/she was not imposed a prohibition on entry and residence in Montenegro;
• in Montenegro he/she has not been legally sentenced to an imprisonment of more than six months for a criminal offense prosecuted ex officio, or the legal consequences of a conviction ceased;
• in the country of origin he/she has not been legally sentenced to an imprisonment of more than six months for a criminal offense prosecuted ex officio, or the legal consequences of a conviction ceased;
• there are no restrictions due to the reasons of national security, public order or public health;
• he/she has submitted evidence of justifying the application for a permit issuance.

Temporary residence for work

A foreigner can work in Montenegro on the basis of a temporary residence and work permit or work registration certificate, unless otherwise provided by the law.

A foreigner can perform in Montenegro only those activities that the temporary residence and work permit or work registration certificate was issued for, and only for the employer who employs him/her.

The employer can deploy the foreigner only to the activities that he/she was issued a residence and work permit or work registration certificate for.

In the business premises or place of work performance of a foreigner, the employer must have on disposal a copy of the permit to stay and work, or a copy of the work registration certificate of a foreigner who works for him.

The employer is obliged to notify the Ministry of the termination of the work of the foreigner, before the expiry of the residence and work permit, at the latest within eight days from the date of termination of the foreigner work.

The employer shall not employ or use the work of a foreigner who is illegally residing in Montenegro.

Without a permit for temporary residence and work or work registration certificate, a foreigner can work in Montenegro, if he/she has the following:

• a temporary residence permit for family reunification with a Montenegrin citizen or a foreigner who has a permanent residence permit;
• recognized refugee status or approved subsidiary protection, in accordance with the law governing asylum;
• temporary residence permit on humanitarian grounds.

In the aforementioned case, a foreigner has free access to the labor market of Montenegro, unless a special regulation provides otherwise.

The employer must have on disposal in the business premises or place of work performance of the foreigner a copy of his/her temporary residence permit, or evidence of recognized refugee status or approved subsidiary protection.

An employer who employs a foreigner is obliged to notify the Ministry within eight days from the date of employment or the beginning of the work of a foreigner, or cessation of work.

Purpose of temporary residence and work permits

According to its purpose, the temporary residence and work permit may be issued for:

• The employment of a foreigner;
• Seasonal employment of a foreigner;
• Work of a seconded employee.

A seconded employee is a foreigner who, in a limited period of time is employed in Montenegro, which is not a state in which he/she regularly works.

The aforementioned permit refers to:

• contracted services provision;
• movement of persons within a foreign economic society.

Conditions for issuing of temporary residence and work permit for employment and seasonal employment

The temporary residence and work permit for the employment and seasonal employment shall be issued to a foreigner who meets the requirements of the law, and submits the following as a proof of the justification of an application:

• a written offer of the employer for hiring a foreigner on a particular work position;
• a proof of the acquired level of education and qualification;
• a proof of good health.

Employment of foreign nationals

The temporary residence and work permit for the employment of a foreigner shall be issued with a validity period of one year.

The permit may be extended up to two years.

The employer is obliged to, within eight days from the date of issuance of the temporary stay and work permit for the employment, conclude with a foreigner an employment contract and report it to the compulsory social insurance, in accordance with the rules governing employment.

If the foreigner does not receive employment within the aforementioned period, the employer shall, not later than three days, notify the Ministry for the annulment of residence and work permit.

Seasonal employment of foreign nationals

The seasonal employment of a foreigner means the employment for a definite period of time on the activities that are of a seasonal nature, where the need for labor force is much higher in a given period. The temporary residence and work permit for seasonal employment shall be issued with a validity period of six months within the period of one year.

The permit issued with a validity period of less than six months may be extended until the expiration of six months.

The employer is obliged to, within eight days from the date of issuance of the permit for temporary residence and work permit for a seasonal employment, conclude with a foreigner a labor contract and register him/her to the compulsory social insurance, in accordance with the rules governing the employment.

If the foreigner does not find an employment within the aforementioned period, the employer shall, not later than three days, notify the Ministry for the annulment of residence and work permit.

Provision of agreed services by a foreign national  

A foreigner may provide the contracted services under the contract concluded between the foreign company and the legal entity with headquarters in Montenegro that the services are provided for.

Contracted services can be provided by a foreigner who is employed by a foreign company .

Conditions for issuing of temporary residence and work permit for the provision of agreed services

The temporary residence and work permit for the provision of the contracted services shall be issued to a foreigner who meets the requirements of the law, and provide as an evidence of the justification for the application, translated into Montenegrin language by an authorized translator, the following:

• A contract for the delivery of contracted services;
• An evidence that he/she is employed in a foreign company;
• A confirmation of a social security issued by the competent authority.

The temporary residence and work permit for the provision of the contracted services shall be issued with a validity period of one year and may be extended to the end of the service, or up to two years.

Movement of persons within a foreign company

A foreign company may temporarily deploy its employee to work in a branch of a foreign company i.e. a foreign company founded by it and registered in Montenegro, provided that the foreigner in that foreign company has been employed for at least one year and he/she performs managerial activities or is employed as a specialist.

A manager is a person who performs managerial activities or is a member of a managerial staff of a foreign company or leads i.e. manages the organization unit or carries out the tasks of monitoring and control of employees or decides on the rights and obligations of employees in that company.

A specialist is a person who possesses special expertise required for the operations of a foreign company.

Conditions for issuing temporary residence and work permit for movement of persons within a foreign company

The temporary residence and work permit for the movement of persons within a foreign company shall be issued to a foreigner who meets the requirements the law, and submit as an evidence of the justification for the application, translated into Montenegrin language by an authorized translator, the following:

• evidence of Temporary Reassignment set forth by the law;
• evidence that is employed in a foreign company for at least one year;
• proof of the social security issued by the competent authority.

The temporary residence and work for the movement of persons within a foreign company shall be issued with a validity period of one year and may be extended until the completion of works or up to two years.

Annual quota for work of foreign nationals

The annual number of temporary residence permits of foreigners (hereinafter: the annual quota) shall be determined by the Government, in accordance with migration policy, condition and movements in the labor market in Montenegro, at the latest by November 30 of the current year, for the next year.

The annual quota shall define the activities and occupations in which the foreigners may be employed or provide contracted services.

As a part of the annual quota, those are separately established the annual quotas for employment, seasonal employment of foreigners and delivery of the contracted services.

Determination of annual quota

The annual quota is determined on the proposal of the state administration authority responsible for labor affairs, with prior opinion of the Employment Bureau, public administration authorities responsible for particular activities for which the annual quotas are to be established and Social Council.

The Government may set a limit on the annual quota, increase the number or perform a rearrangement by purposes, if it is caused by changes in the supply and demand in the labor market or because of special conditions in individual industries.

The criteria and procedure for determining the annual quota are to be determined by the Government, upon the proposal of the state administration authority responsible for labor affairs.

Work of a foreign national beyond the annual quota

The permit for temporary residence and work regardless the annual quotas may be issued to a foreigner:

• who performs the activities in Montenegro on the basis of international treaties that Montenegro concluded with another state, under the condition of reciprocity;
• who teaches in educational institutions, in the language and alphabet of the minorities and other ethnic minority communities;
• who is a professional athlete or a sport worker who works in Montenegro in accordance with the law governing the sport;
• in case of employment of the executive director of a foreign company registered in Montenegro and executive director of a foreign company with the founders of a company registered in Montenegro, nor to the foreigner with higher education holding a management position in such a company, i.e. the foreign entrepreneur who is self-employed, in accordance with special regulations.;
• who has been temporarily reassigned as a manager or specialist (the movement of persons within a foreign company);
• that is involved in the implementation of development projects established by the Government;
• who is residing in a neighboring country, who is employed or performs work in Montenegro and at least once a week returns to the place of residence (commuter).

Application for issuing of temporary residence and work permit

A foreigner who submits a complete application for a temporary residence and work permit before the expiration of the stay of 90 days may stay in Montenegro until the executive decision.

The Ministry shall issue a confirmation on a receipt of the application for a temporary residence and work permit, which shall contain the indicated time limit within which the applicant may take the permit.

The application form and the form of the confirmation shall be prepared by the Ministry.

An application for issuance of a permit for temporary residence and work shall be submitted by a foreigner in person to the Ministry in the residence place, on the prescribed form.

When submitting a request , a foreigner is taken from a photograph, fingerprints of two fingers and digitized handwritten signature. Exceptionally, an application for a permit for temporary residence and work can also be submitted to the Ministry by the employer in the intended stay of the foreigner, at the employer's seat in Montenegro or place of work of a foreigner. The certificate shall be issued for a period of five days.

A foreigner is obliged to, within five days from the date of issue of the certificate notifies to the Ministry in the application submission area so as to provide the aforementioned information . Otherwise, it shall be deemed that the employer withdrew the request.

A foreigner who has been issued a visa for a long-term stay (Visa D) for the purpose of employment, he/she is obliged to submit an application for a permit for temporary residence and work within ten days of the issuance of visas.

Deciding upon the application for issuing of temporary residence and work permit

An application for a temporary residence and work permit shall be decided within 20 days of the date of filing of a complete application.

If an applicant for a temporary residence and work permit does not take over the permit no later than five days after the expiry of the deadline specified in the confirmation, he/she shall be deemed to have withdrawn his/her application.

An administrative dispute can be initiated against the decision rejecting the application for a temporary residence and work permit and because of no availability in the annual quota.

Application for extension of temporary residence and work permit

An application for extension of temporary residence and work permits shall be submitted by a foreigner or an employer to the Ministry in the foreigner's place of residence, the headquarters of the employer in Montenegro or place of work of a foreigner, not later than 30 days before the expiry of the temporary residence and work permit.

The application shall be accompanied by a valid foreign travel document or identity card of a foreigner issued by the competent authority of another state, and evidence justifying the application for a temporary residence and work permit, and if it has been five years after the date of a collection of the personal data, a foreigner shall be taken these data from again.

If an application for extension of a temporary residence and work permit is accepted, a temporary residence and work permit shall be issued with the new validity period of one year.

Termination of temporary tesidence and work permit

A temporary residence and work permit shall cease to be valid:

• by the expiration of the period of validity;
• by the termination of the employment contract or a contract on the delivery of contracted services, or termination of decisions on the temporary secondment;
• if the foreigner performed work for which h/she has not been granted a temporary residence and work permit for;
• If it is subsequently determined that the reasons for a foreign person not be permitted to enter Montenegro exist;
• If the foreigner has been imposed protective measure of expulsion, the security measure of deportation of foreigners or protective measures deportation of foreigners from the territory of Montenegro;
• when the foreigner qualifies for a permanent residence.

If the police, the labor inspectorate, employer or other authorities, within their jurisdiction, determine the existence of these reasons, those are obliged to inform the Ministry about the reasons for cessation of temporary residence and work permit.

The Ministry shall issue a decision on the termination of the validity of the temporary residence and work permit .

The decision shall determine the period during which the foreigner must exit from Montenegro, which may not be longer than 30 days, and may be imposed denial on entry and stay in Montenegro for a period of one to five years.

The period of entry denial shall be counted from the date of exit from Montenegro.

An appeal may be filed to the Ministry against the decision within eight days of receipt of the decision.

Annulment of temporary residence and work permit

Temporary residence and work permit shall be annulled:

The decision on the annulment of the temporary residence and work permit shall be issued by the Ministry.

Against the decision referred to in paragraph 2 of this Article an appeal may be lodged to the Ministry, within eight days from the date of receipt of the decision.

The appeal shall not postpone the execution of the decision.

Work registration certificate

Under the work registration certificate issued in Montenegro, the following foreign nationals may reside and work for up to 90 days, within the time period of one year:

• those who perform business activities in Montenegro under international agreements concluded between Montenegro and an international organisation or the European Union on the professional and technical assistance or under the other ratified international treaties;
• founders, members of controlling and managing bodies and executive bodies of a company as well as auditors engaged by such company;
• those invited to participate in a scientific and research project of importance for Montenegro as professors or lecturers and scientists;
• lecturers participating in organized professional meetings and seminars;
• civil and military servants of governments of other countries coming to Montenegro under an cooperation agreement with the Government;
• those performing the services for which higher education or specialised knowledge and experience is required, provided that a prior approval was obtained from the state administration authority in charge of business activity for which the service is rendered;
• those performing research activities in Montenegro approved by the Government;
• correspondents accredited in Montenegro or foreign media reporters;
• artists and technical staff for opera, ballet, theatre, concerts, fine arts and other cultural events, if they do not stay in Montenegro for longer than 30 days i.e. three months a year, with interruptions;
• authors and performers in the area of film, television, music, music and performing, dancing and ballet industry, as well as accompanying technical staff, if they do not stay in Montenegro for longer than 30 days i.e. three months a year, with interruptions;
• employees of a foreign company who conduct additional training and professional development of employees, as well as employees who take additional trainings and professional development in a legal entity with the seat in Montenegro which is connected with a foreign company by business or ownership;
• those coming to Montenegro for the participation in sports competitions;
• those carrying out the activities of delivery, assembly, and servicing of machinery and equipment, if their work does not last longer than 30 days uninterruptedly i.e. three months a year in total, with interruptions;
• those participating in fair or exhibition events where their employer exhibits;
• pupils or students who carry out their apprenticeship in Montenegro under the international pupil i.e. student exchange agreement;
• those active in registered humanitarian organisations;
• service providers negotiating the sale of services or concluding service agreements;
• staff of a circus or an amusement park.

Legal entities and natural persons using the services of the foreign national   shall have a concluded agreement or other evidence of doing business with a foreign national or foreign employer who posts a foreign national to Montenegro for work, prior to coming of such a foreign national  to Montenegro.

Prior to the beginning of work of the foreign national, legal entities and natural persons shall submit the application for work registration  at the place of business or in the seat of the employer, whereof the Ministry shall promptly  issue the work registration certificate.

Under the issued work registration certificate, a foreign national  may work on the entire territory of Montenegro for the same employer or service recipient.