The topic of a non-working week in the field of trade will be discussed at the next session of the Social Council, the Ministry of Labor, Employment and Social Dialogue announced to "Vijesti".
According to information from "Vijesti", the social partners will try to confirm the agreement from 2023 on the amendment of the Law on Internal Trade regarding the organization of a non-working week in this area, and then to propose it again to the deputies. The goal is to adopt the new amendment to the law before the Constitutional Court in December considers the constitutionality and legality of Article 35a, which defines a non-working week for employees in trade.
In previous practice, it has happened that the Parliament, prior to the Constitutional Court's decision, amended the disputed article of the law being assessed, after which the Constitutional Court concluded that the disputed article of the law was no longer valid and formally rejected the initiative.
The social partners' agreement from March 2023 foresees the addition of a new Article 35b to the law, which would introduce new, expanded exceptions to the non-working Sunday. According to this article, one shop of one employer in one municipality could only work one shift during the seasons - in winter from December 1 to January 31 and in summer from June 1 to August 31. An employee who works on Sundays would have his daily wage increased by 80 percent and an additional day off.
The Social Council did not even send this agreement to the Parliament for adoption because the majority of representatives of parliamentary groups declared in advance that they would not support the amendment of the law and that they wanted the non-working Sunday to remain as it is.
Given that there is now a threat that the Constitutional Court will annul the entire Article 35a of the Internal Trade Act, thus making Sunday a working day for everyone in the field of trade, the idea of amending the law before the Constitutional Court session and the agreement reached by all social partners in 2023 has been put back "on the table".
The Ministry states that the Government is open to dialogue and agreement with social partners regarding Sundays off in shops "in the interest of employees, employers and the economy as a whole."
"The Ministry of Labor, Employment and Social Dialogue considers all topics within its jurisdiction carefully and responsibly, with special attention to employees and their rights, within the Social Council. The protection of workers and the creation of conditions for dignified and safe work are one of the basic commitments of the Ministry. When it comes to the issue of the non-working week, it is important to emphasize that this area is not under the direct jurisdiction of the Ministry of Labor, but of the Ministry of Economic Development, since it is regulated by the Law on Internal Trade. The Labor Law, on the other hand, guarantees all employees equal rights - the right to daily rest, weekly rest and annual leave - regardless of the sector or field of work. We remind you that the initiative for the assessment of the constitutionality of the decision on the non-working week before the Constitutional Court of Montenegro was launched by the Union of Employers of Montenegro six years ago," the Ministry stated when asked by "Vijesti" what their position was regarding the non-working week in trade before the session of the Constitutional Court.
They pointed out that at a recent meeting of the Social Council presidency, chaired by the Minister of Labor, Employment and Social Dialogue Naida Nišić, the issue of Sunday off was a separate item on the agenda.
"In order to review the overall situation and find the best solution, the session was also attended by the Deputy Prime Minister and Minister of Economic Development, Mr. Nick Djelosaj, who, together with the relevant minister, confirmed that the Government of Montenegro remains open to dialogue and agreement between social partners, in the interest of employees, employers and the economy as a whole. We would also like to remind you that at the level of the Social Council in 2023, an agreement was reached between all social partners on how to overcome the issue of the non-working week, but the agreed solution was not sent to the Parliament of Montenegro for further consideration. In this regard, one of the conclusions from the session of the Social Council was that all social partners, within their organizations, review the previous conclusions and solutions of the Social Council, and propose new, sustainable solutions through a dialogue of all parties, in order to provide employees and employers with better and fairer working conditions while ensuring the economic sustainability of the economy," the Ministry of Labour, Employment and Social Dialogue stated.
They indicate that the goal of all partners in social dialogue is to find a solution that simultaneously protects the rights of employees and supports economic development.
"We believe that through open discussion and partnership, decisions can be made that contribute to greater employee security and satisfaction. The Ministry of Labor, Employment and Social Dialogue continues to actively strengthen social dialogue in Montenegro, which is also one of the key tasks within the final benchmarks for closing negotiation chapter 19. Our goal is for social dialogue to receive its deserved place and for decisions made at the sessions of the Social Council to be implemented at all levels of government, as good practice and a value of the European social model. We expect that in the coming days the Social Council will hold a series of meetings at which all current issues will be discussed, including the issue of the Law on Internal Trade," the Ministry was told by "Vijesti".
The Union of Free Trade Unions has already told "Vijesti" that they are accepting the proposal to update the 2023 agreement and send it to the Parliament. The Union of Employers said that they expect the Constitutional Court to determine that this is an unconstitutional restriction of entrepreneurial freedom and annul Article 35a, i.e. abolish the non-working week, but that they are also ready to reach an agreement with social partners.
"Also, the public has witnessed that in the past period we have been the initiator of agreements and attempts to resolve this and all other issues that are important for employers and employees, together with social partners (the Government and the trade union), and such an attitude and responsible relationship will not be absent this time either," the Employers' Union said last week.
PES's proposal has arrived before the Assembly committees
On November 10, the "Europe Now" group of deputies sent a proposal to the Parliament to amend Article 35a of the Law on Internal Trade, which is essentially the same as the previous one, but its adoption would prevent the Constitutional Court from ruling on the previous article.
Their proposal for "new" amendments to the law has already been submitted to the Legislative and Economic Committees. The practice is that the Legislative Committee first votes on the bill, and then the parent committee, in this case the Economic Committee. It is also necessary to include it on the agenda of this autumn session.
All of this should be completed in the next two weeks, if the amendments to the law are to be adopted before the Constitutional Court session, which is expected in early December.
If the Social Council resubmits the amendment to the law to the Government, which forwards it to the Parliament, the committee debate would be on both proposals. The adoption of one would have to be preceded by reaching a political agreement.
PES deputies amended the controversial article of the law that introduced Sunday as a non-working day by adding a sentence at the beginning of the new article stating that "in order to prevent and protect the health of employees in wholesale and retail establishments," their work cannot be performed on Sundays and on public and other holidays.
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