Laws and regulations
Conditions and procedures for employment and work of foreign nationals in Montenegro are prescribed by the following laws and bylaws:
Foreign Nationals Law („OG MNE“, No. 12/18 and 3/19)
Decree on criteria and procedure for determining the annual quota of licenses for temporary residence and work of foreign nationals („OG MNE “, No. 40/2015)
Decision on determining the number of permits for temporary residence and work of foreign nationals for 2019(„OG MNE “, No. 2/19),
Rulebook on forms, detailed conditions and method of issuing a temporary residence permit and temporary residence and work permits („OG MNE “, No. 15/15),
Rulebook on detailed conditions for issuance of a work registration certificate and forms of application for work registration certificate to foreign national(„OG MNE “, No. 43/2018).
Rulebook on detailed conditions and method of issuing a temporary residence permit for scientific research work („OG MNE “, No. 73/2018).
Annual number of temporary residence and work permits for foreign nationals (hereinafter: “annual quota”) shall be determined by the Government, in accordance with the migration policy, status and movements on the labour market in Montenegro, not later than until 30 November of the current year for the subsequent year.
The annual quota shall determine the business activities and occupations where the foreign nationals may be employed.
Within the annual quota, the annual quota for employment and for seasonal employment of foreign nationals shall be separately determined.
The annual quota shall be determined on the proposal of the state administration authority in charge of labour affairs, upon previously obtained opinions of the Employment Agency of Montenegro, state administration authorities in charge of particular business activities for which annual quota is determined, and the Social Council.
The Government may restrict the annual quota, increase the number, or make rearrangements by purposes, if that is conditioned by the changed ratio between labour market supply and demand or due to special conditions in particular business activities.
The criteria and the procedure for determining the annual quota shall be determined by the Government, upon the proposal of the state administration authority in charge of labour affairs.
By the Decision on determining the number of permits for temporary residence and work of foreign nationals for 2019, the Government of Montenegro has established a quota of work permits for 2019 in the total number of 20,454.
The application for the issuance of a temporary residence and work permit is submitted by foreign national personally to the Ministry of the Interior (Regional Unit or Unit for civil status and personal documents) in the place of residence on the prescribed form.
A temporary residence and work permit for employment of a foreign national shall be issued with the validity period of up to one year and may be extended for a maximum of up to two years.
A temporary residence and work permit for entrepreneurs and executive directors in business entities where they are the only owners or where they own more than 51% of equity may be extended as long as they fulfil the conditions as per Article 43 of this Law.
The employer shall conclude an employment contract with a foreign national, within 24 hours from the date of issuing of the temporary residence and work permit for employment, and shall register such foreign national for compulsory social insurance, in accordance with the labour regulations.
If the foreign national does not start working within the period referred to in an employment contract, the employer shall inform the Ministry thereof, for the purpose of annulment of the residence and work permit, within no later than three days.
Seasonal employment of a foreign national shall mean a temporary employment for the purpose of seasonal works in the business activities of a seasonal character.
The temporary residence and work permit for seasonal employment shall be issued within the time period of one year, and shall have a validity period of up to six months.
Exceptionally, if the performance of seasonal work so requires, the permit referred to in paragraph 2 of this Article may be extended for two more months, for work for the same or another employer, whereby the permit validity period may not exceed eight months within a time period of one year.
The employer shall conclude an employment contract with a foreign national, within eight days from the date of issuing of the temporary residence and work permit for seasonal employment, and shall register such a foreign national for compulsory social insurance, in accordance with the labour regulations.
If the employer fails to conclude the employment contract with the foreign national within the period referred to in paragraph 4 of this Article, he shall notify the Ministry thereof, for the purpose of annulment of the residence and work permit, within no later than three days.
A temporary residence and work permit for seasonal employment shall not be issued to a foreign national if:
1) the employer from whom he or she has received the offer has been punished due to illegal employment or failure to register the work of foreign national;
2) if the bankruptcy procedure of the company which sent him or her the offer is pending or such company has been in bankruptcy;
3) the employer from whom he or she has received the offer does not carry out the business activity; or
4) the employer from which he or she has received the offer has been punished because it failed to meet the liabilities for taxes and contributions for its employees.
A foreign national may provide the services agreed under the contract concluded between a foreign company and a legal entity with the seat in Montenegro to which the services are rendered.
The agreed services may be provided by a foreign national who is registered for carrying out business or other activities in another country, under the contract concluded with a legal entity which has a seat in Montenegro (hereinafter: “independent expert”).
The agreed services may be provided by a foreign national who is employed by a foreign company that performs the services in accordance with the contract.
A temporary residence and work permit for the provision of agreed services shall be issued with the validity period of up to one year and may be extended until the completion of the agreed services, that is, for no longer than two years.
A foreign company may temporary post its employee for work to a part of foreign company or to a foreign company which it has founded and which is registered in Montenegro, provided that such an employee has at least:
- worked for one year on a job position of a manager or a specialist;
- worked for three months in the capacity of an intern with university education who is posted to such company for professional training and during such time receives wage allowances.
Manager is a person who performs the managerial activities, or is a member of the management of a foreign company, or manages or runs an organizational unit under the decisions and the instructions of the management or shareholders of the company, or performs the activities of monitoring and control of the professional or managerial staff, and has authority to employ, dismiss and other authorities in connection with the organization of the work of employees.
Specialist shall mean a person who possesses professional knowledge necessary for the operations of a foreign company, including the possession of a high level of professional development, appropriate professional experience, and possible membership in an authorized professional association.
A temporary residence and work permit for movement of persons within a foreign company shall be issued to the foreign national with the validity period of up to one year, and may be extended for a maximum of one more year.
A temporary residence and work permit for movement of persons within a foreign company shall not be issued to a foreign national if:
1) the submitted evidence has been obtained by fraud or has been forged;
2) the main reason for founding a company in Montenegro or part of a foreign company is to facilitate the entry of a foreign national referred to in Article 74 paragraph 1 of this Law;
3) the employer has been punished due to illegal employment and failure to register the work of a foreign national.
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:
1) those who perform business activities in Montenegro under international agreements concluded between Montenegro and an international organization or the European Union on the professional and technical assistance or under the other ratified international treaties;
2) founders, members of controlling and managing bodies and executive bodies of a company as well as auditors engaged by such company;
3) those invited to participate in a scientific and research project of importance for Montenegro as professors or lecturers and scientists;
4) lecturers participating in organized professional meetings and seminars;
5) civil and military servants of governments of other countries coming to Montenegro under an cooperation agreement with the Government;
6) those performing the services for which higher education or specialized 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;
7) those performing research activities in Montenegro approved by the Government;
8) correspondents accredited in Montenegro or foreign media reporters;
9) 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;
10) 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;
11) 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;
12) those coming to Montenegro for the participation in sports competitions;
13) 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;
14) those participating in fair or exhibition events where their employer exhibits;
15) pupils or students who carry out their apprenticeship in Montenegro under the international pupil i.e. student exchange agreement;
16) those active in registered humanitarian organizations;
17) service providers negotiating the sale of services or concluding service agreements;
18) staff of a circus or an amusement park.
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.
The application for the issuance of a temporary residence and work permit a foreign national shall submit personally to the Ministry at the place of residence on a prescribed form. Within the 15 days from the date of submission of the proper application shall be decided on the application for the issuance of a temporary residence and work permit.
|Employment Agency of Montenegro
Bulevar revolucije 3
Tel.: +382 20 241 786
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