CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Montenegro (RATIFICATION: 2006)

Other comments on C029

Direct Request

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Articles 1(1) and 2(1) of the Convention. Freedom of civil servants to leave their service. The Committee notes from the Government’s report that, under section 124 of the new Law on Civil Servants and State Employees, which entered into force on 1 January 2013, civil servants may voluntarily resign from service upon the submission of a written request for resignation, subject to a notice period of 30 days. The Government indicates that, pursuant to section 122 of the Law, a head of the state authority must adopt a decision concerning termination of employment within eight days. It also states that the Law does not contain provisions prescribing the grounds for refusal of a resignation request. While noting these indications, the Committee requests the Government to provide information on the application of sections 122 and 124 in practice, indicating, in particular, whether any resignation requests have been refused, and, if so, what constituted the grounds for refusal. Please also communicate, with the next report, a copy of the new Law on Civil Servants and State Employees referred to above.

Freedom of career members of the armed forces to leave their service. The Committee previously noted that, under section 115(13) of the Law on the Armed Forces of Montenegro, career military officers can voluntarily terminate their service upon a submission of a resignation request in writing. The Committee notes the Government’s indication in its report that a decision on such a request must be taken under an urgent procedure, within a maximum period of 20 days. The Committee again requests the Government to indicate whether the resignation request can be refused, and if so, what could be the grounds for refusal.

Article 2(2)(c). Prison labour. The Committee notes the Law on the Execution of Criminal Sanctions supplied by the Government with its report. It observes that, under section 37 of the Law, convicts shall be provided with work in accordance with their physical and mental capacities, professional qualifications and the needs of their treatment. The Committee once again requests the Government to indicate, in its next report, what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also supply a copy of the Rules for the Execution of Sentences of Imprisonment, to which reference is made in the Government’s report.

Article 2(2)(d). Work or service exacted in cases of emergency. The Committee previously requested the Government to indicate what guarantees are provided to ensure that the power to requisition labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. The Committee notes the Government’s indication in its report that, under section 49 of the Law on Civil Servants and State Employees, civil servants and state employees shall perform tasks which do not correspond to their professional qualifications in cases of force majeure, natural and other hazards, etc., as long as the situation and circumstances so require, but not longer than three months. While noting this indication, the Committee requests the Government to state, in its next report, whether similar guarantees are provided, in relation to cases of emergency, for other categories of the population, apart from civil servants and state employees, and to indicate the relevant legislative provisions.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee notes the information on the application in practice of sections 162, 165 and 444 of the Criminal Code, which punish with sanctions of imprisonment the penal offences of unlawful deprivation of liberty, coercion and trafficking in human beings, as well as copies of the court decisions handed down under these provisions, communicated by the Government with its report. The Committee hopes that, in its next report, the Government will also provide the information on the application in practice of section 446 of the Criminal Code, which punishes with imprisonment the offence of “submission to slavery”, supplying sample copies of the relevant court decisions and indicating the penalties imposed.