How Can a Labor Inspector Leave Empty-Handed?

How Can a Labor Inspector Leave Empty-Handed?

Doing business in accordance with the law is the key to the successful operation of any company. In Montenegro, as in other countries, labor inspectors have the authority to control your business and check whether you comply with all legal obligations towards your employees.

WHAT DOCUMENTATION DO YOU NEED TO HAVE?

To ensure you're prepared for a visit from a labor inspector, make sure to have the following ready:

• Approval for perform your business activity
• Employment contracts with all annexes
• Proof of insurance registration for each employee
• Properly filled-in employee workbooks
• Signed payroll slips for employees
• Annual leave plan and decisions issued to employees regarding their annual leave
• Medical leave certificates for any employees on sick leave
• Notification regarding workplace harassment (mobbing)
• Decision on the schedule and manner of taking daily breaks
• Decision on the allocation of working hours and shift schedules for employees
• Schedule for weekly rest periods
• Act on internal organization and job classification if the company has more than ten employees

In addition to the above, you must also have contracts for additional work, contracts for temporary or occasional jobs, service contracts, and other relevant agreements if you have workers engaged under these arrangements. Additionally, you need a decision on night work if you organize night work.

DID YOU HAVE PROBLEMS WITH LABOR INSPECTION?

If you have the required documentation prepared and if all your employees are legally registered, you can rest easy and not worry about the outcome of a labor inspection.

What Are Labor Inspectors Interested In?

1. Are there individuals engaged in work?
2. Are there individuals engaged outside of standard employment, and on what basis?
3. Does the employer have all necessary employment contracts?
4. Do the contracts contain all mandatory elements?
5. Is the work schedule properly established?
6. Is there overtime work, and is it conducted in accordance with the law?
7. Are breaks, annual leave, and paid/unpaid leave being respected?
8. Have employees received their most recent salary?
9. Are salary calculations provided to employees?
10. Are employees paid their agreed wages?
11. Have employees been terminated, and if so, have severance payments been made?
12. Have employment contract terms been changed through annexes?

The primary purpose of Labor inspections should be to identify irregularities and mandate their correction so that workers are employed and their rights are respected. The aim should not be to penalize employers unnecessarily. Labor inspectors should serve as valuable allies in addressing the issue of unregistered work.

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