Several restaurateurs from the coast addressed the editorial office of "Vijesti" with complaints that the Border Police immediately imposes deportation measures on their foreign workers for the slightest trifle, without leaving them the opportunity to correct the omission, as well as that this state service does not understand the problems that have with finding the workforce.
The Border Police responded to "Vijesta" that they act in accordance with the Law on Foreigners and the powers assigned to them, as well as that since the beginning of June they regularly have more extensive checks on foreign workers, especially on the coast. According to the data they provided to "Vijesta" in June, they imposed these measures on about 240 foreigners, the vast majority of whom were foreign workers.
The Montenegrin Employers' Association (CUP) told "Vijesta" that the state authorities should first act educationally, to point out the omission and allow time for it to be corrected, and not to immediately impose the most rigid measures. They also invited the director of the Police Administration Zoran Brđanin that, in cooperation with tourism workers, they find a model of adequate and appropriate reaction in cases of formal and not essential omissions.
Expulsion also for fault
Restaurateurs state that the Border Police, during inspections of restaurants and shops in the past few days, issued a decision to cancel their stay for several of their workers, that is, they must leave Montenegro within 48 hours and for 90 days.
They state that they and their workers were not given the opportunity to correct the mistake, but the most severe measure was immediately imposed, which they can appeal to the Ministry of Internal Affairs, but the appeal does not delay execution, while they receive answers to the complaints themselves in ten days, and their employee must leave the country in 48 hours. In one example, this measure was imposed on a Serbian citizen who entered Montenegro eight hours before the imposition of the measure and who happened to be at the employer's place during the control because he came to hand over the documents for his application.
These employers point out that this kind of relationship makes it difficult for them to do business and find workers for the season anyway. One of them said that he was expelled for both chefs in the restaurant due to a mistake in the application, and that now, when the season has already started, he has no chance of finding new chefs.
They state that the majority of such decisions in Bar were issued by the inspector for foreigners, who previously worked in the Intervention Unit where he was legally convicted of abusing citizens, about which they submitted documentation to "Vijesta".
These restaurateurs also say that the Foreigners Act foresees the possibility of fines ranging from 60 to 3.000 euros for the same irregularities, and that they are quite high enough so that they do not commit these mistakes again.
Actions intensified before the season
The Border Police say that controlling the movement, stay and work of foreigners is their regular activity throughout the entire calendar year, as an independent activity of Border Police Sector officers, as well as in cooperation with officials of the Directorate for Inspection Affairs.
"The form of cooperation with the Administration for Inspection Affairs is regulated, among other things, by the Conclusion adopted at the session of the Government of Montenegro in 2013. When it comes to the summer tourist season, the activities of police officers for foreigners, both independent and those with officers of the Directorate for Inspection Affairs, are intensified, precisely because during that period the number of foreign citizens residing and working in the territory of Montenegro has increased. and all with the aim of suppressing the illegal stay and work of foreign citizens in Montenegro. If there is a report by citizens or legal entities, in each specific case the officers of the Border Police Sector will verify the information from each individual report on the ground and act against foreign nationals in accordance with the provisions of the Law on Foreigners if an irregularity is found", stated the Border Police.
CUP: Prioritize prevention
The Montenegrin Association of Employers told "Vijesti" that the issue of applying regulations, especially in the area of equal and adequate treatment, is a serious challenge for state authorities.
"Employers who are engaged in catering, especially during the season, have major challenges in securing the workforce. That question is one of the key ones today, and the answer to creating easier conditions for finding the much-needed workforce lies in the actions and procedures of the state. CUP will quickly present an analysis that points to these problems, as well as potential solutions. There were objections from employers to the actions of certain state authorities. In principle, they should first act educationally by clarifying the possibilities and procedures, and not immediately reach for rigid measures - if they want to treat everyone equally and with the aim of the role of the state as a partner of the economy, especially the tourist one during the season", stated this organization. .
Some fines, some immediate expulsion
As stated by the Border Police in Ulcinj, as of June 1, 15 foreigners were ordered to cancel their stay for up to 90 days, 10 citizens of Albania, four from Kosovo and one from Serbia.
33 foreigners were expelled from Bar, of which 12 were citizens of Serbia, eight from Albania, six from Kosovo, four from Azerbaijan, two from North Macedonia and one Turkish citizen.
In Budva, the stay of eight foreigners was cancelled, two each from Serbia, North Macedonia and Turkey, and one each from Bosnia and Herzegovina and Azerbaijan.
In Kotor and Tivat, 57 misdemeanor orders were issued each for violating the Law on Foreigners, most of which related to fines. As stated, decisions on voluntary return were issued for 21 foreigners in Kotor, and for 28 foreigners in Tivat. The data do not show that there were any decisions on the cancellation of stays of up to 90 days in these two municipalities.
In Herceg Novi, decisions were issued on the cancellation of residence for six foreigners - three citizens of the Russian Federation, two of Turkey and one of Serbia.
In Podgorica, 30 misdemeanor orders with fines were issued for violation of the Aliens Act, 15 decisions on the voluntary return of foreigners, as well as five decisions on the cancellation of stays of up to 90 days for four citizens of Albania and Serbia.
In Cetinje, six fines and one decision on the cancellation of a stay of up to 90 days for a citizen of Kosovo were issued for violation of the Law on Foreigners.
Six decisions on cancellation of residence were issued in Kolašin in June, all of them for citizens of Turkey. In Nikšić and Danilovgrad, no measures were taken against foreign citizens during the controls.
In 17 actions in the municipalities of Žabljak, Pljevlja, Bijelo Polje, Mojkovac, Petnjica, Berane, Rožaje, Andrijevica, Gusinje and Plav, the police inspectors for foreigners did not find foreign nationals who were carrying out work without possession of temporary residence and work permits. For five citizens, two each from Albania and Serbia and one from Bosnia and Herzegovina, initiatives were submitted to the Ministry of Internal Affairs for the termination of permits for temporary residence and work in Montenegro.
CUP: Brđanin to mediate, not expel because of formalities
The Montenegrin Association of Employers (CUP) called on the Director of the Police Administration, Zoran Brđanin, to work with tourism workers to find a model of adequate and appropriate reaction in cases of formal, not essential, omissions.
"CUP invites all employers who have similar problems to contact us. If such behavior escalates, and there are no individual incident cases, we will request a special conversation with director Brđanin so that the actions of state authorities are certainly in accordance with the law, but also aimed at helping employers, and not just as a measure of rigid punishment. Labor problems are huge during the season and employers find it very difficult to solve these issues", this organization pointed out.
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