The Social Council, namely the Government, employers, unions and Europe Now Movement (PES) MP Miloš Pižurica, will try to find a constitutionally sustainable solution to the issue of Sunday off by February 16th.
This is the conclusion of a multi-hour debate before the parliamentary Committee on Economy, Finance and Budget on this issue.
"To try to define a constitutionally sustainable solution that will, in accordance with the Constitution and laws, protect the rights of employees and employers," said Committee President Boris Mugoša, adding that the presidents of some Committees may also be invited to the meetings.
At the end of January, the Constitutional Court ruled that Article 35a of the Internal Trade Act, which prohibited shops from operating on Sundays and public and other holidays, was unconstitutional. A group of ruling coalition MPs then called an extraordinary session of the Parliament for February 16 - at which they would vote again on the adoption of almost the same Article 35a.
Given that the "Official Gazette" may publish the decision to repeal Article 35a at any time before the session on February 16, which would mean working on Sundays again, Minister of Economic Development Nik Đeljošaj appealed for an agreement to be made, that the decision not be implemented until the dialogue on this issue is completed.
"The message to stores is that they should wait for an agreement, start a dialogue, that the Constitutional Court's decision can come into force tomorrow, but that implementation should wait for the dialogue. We have the Union of Free Trade Unions and the Chamber of Commerce and we have an appeal from the Government to wait for an agreement, I believe in an agreement," said Đeljošaj.
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Social council wants Sunday work during the season
The Social Council today issued recommendations for the return of Sunday, according to which retail and wholesale trade would not be open on that day and holidays, except in pharmacies, specialized stores, gas stations, markets, stands...
An exception was made in the case of markets, which could operate on Sundays during the summer and winter tourist seasons, i.e. in the period from June 1 to August 31 and from December 1 to January 31, only in one shift and in one facility on the territory of the municipality.
The proposed amendments would not change the operating hours of gas stations.
"Traders are obliged to inform the inspection body in which sales facility they will conduct trade, no later than 15 days before the start of trade. The same employee cannot work two weeks in a row. The trader is obliged to enable an employee who works on Sundays to use the first following Saturday as a weekly rest day," the recommendations state, along with a new article according to which these measures would last for a year from adoption.
These proposals were presented at the Board session by the President of the Employers' Union (UPCG), Slobodan Mikavica. He said that newsstands and specialized stores would operate on Sundays in only one shift.
The Social Council recommended these amendments to the Internal Trade Act, along with harsher penalties, to the Ministry of Economic Development.
"50.000 workers will work for 2.000 tourists"
Mikavica explained that the measures were adopted at a session of the Social Council, and that they concern the entire economy and tourism, not just shops.
Europe Now Movement (PES) MP Miloš Pižurica asked who conducted studies and analyses of the impact of the non-working week on the tourist season and how they chose working dates, days off for workers...
Mikavica stated that they chose the dates based on the peak summer and winter seasons, that is, three months of summer and three months of winter, and that this is a proposal that can be changed.
He added that the study came from comments from businessmen and citizens of Montenegro, that citizens go shopping outside the country when holidays and weekends coincide, and that in this way they are enabled to shop. He also claims that a large number of tourists said that Sunday, a non-working day, does not suit them, because they cannot shop.
"Regarding workers' rights, we believe that this is an emergency situation for every company because it is a seasonal job. For seasonal work, you always hire additional workers and if you want to work on Sundays, you will have to hire additional workers to cover that space. So you will not be able to do that unless you expand the number of employees," Mikavica emphasized.
Pižurica emphasized that they do not have an analysis, that the measure was proposed based on subjective feelings, and that tourist attendance according to data for 2024 is insufficient, and that due to 2.000 tourists per day in January and December, 50.000 workers are being hired.
"So that there is no discrimination"
Đeljošaj said that he believes that dialogue leads to solutions, and that he hopes that an agreement will be reached on resolving this issue. He pointed out that there are many laws that are passed to preserve certain rights because some institutions cannot protect citizens properly, and that this is the case with this one.
He said that there were questions about why the Government did not react, and that they did not make the decision, but the Parliament. Mugoša explained that the Government submitted a proposal in 2019 and the Parliament later elaborated on it.
"We respect the decisions of the Constitutional Court and it is now up to us to find a solution - how to regulate this issue after the decision of the Constitutional Court. We have various initiatives, ideas, proposals and as a Government we are ready to listen to everyone and contribute to finding a solution. To find a common solution, to make workers satisfied, to avoid discrimination, to ensure that social partners have everything in agreement with the MPs...", stated Đeljošaj.
Mugoša stated that only two deputies attended the Social Council session instead of more, while PES deputy Miloš Pižurica emphasized that only "eligible" deputies received the invitation, not all of them.
Minister of Labor, Employment and Social Dialogue and President of the Social Council Naida Nišić stated that she did not chair the council this year and did not send invitations to MPs. Nišić emphasized that the Government will only comment on the Social Council's recommendation.
Pižurica emphasized that laws provide for the right to family life and that measures can be adopted to protect workers, while employers previously used loopholes in the law and reduced employees' salaries.
"Youth, women and the disabled enjoy special protection at work," he added, adding that these constitutional norms provide the opportunity for the law to be declared constitutional.
He claims that the problem arose because the 2019 law on Sundays did not include an explanation, and that this will be corrected in the new solution. He also pointed out that Sundays did not slow down the economy and that this problem is never cited as a problem of domestic tourism.
Pižurica added that the number of employees in supermarkets would have to increase by 15 percent to work on Sundays, which will likely lead to higher prices.
Workers insufficiently protected
Civic Movement URA MP Miloš Konatar emphasized that the business system must be predictable and stable and that there must be trust, but that workers do not trust the system.
PES also said that Montenegro has gone from a highly protected worker under socialism to a worker who formally has rights - but is not sufficiently protected.
Democratic Party MP Zdenka Popović announced that she would support Pižurica's proposal, and that she regretted that an agreement had not been reached in the Social Council earlier. Support for Pižurica was also announced by Bosniak Party MP Mirsad Nurković, who added that a solution should be found so that those who come to Montenegro can also trade.
Mugoša said that the Constitutional Court's decision had been awaited since 2019, and that neither the Government nor the Parliament had initiated the adoption of a new solution since May last year.
"In my opinion, the Constitutional Court's decision itself is strictly formalistic in certain segments. Freedom of entrepreneurship can be limited by legitimate public interest," he stressed, adding that courts in other countries have approved similar measures.
He also pointed out that the government's opinion on this issue has been awaited for two and a half months.
"You don't have to work on Sundays"
The Secretary General of the Union of Free Trade Unions, Srđa Keković, said that the Social Council had found a model that was good for workers, capital and the state, and that he did not understand why this had not been adopted earlier. He pointed out that everyone's satisfaction would be checked after a year, that inspections would monitor the process in detail, and that sanctions would be strengthened...
"This is not an obligation. No employer has to work on Sundays," said Keković, adding that he believes this measure is good for everyone.
Secretary General of the Association of Oil Companies, Draško Striković, said that these companies pay the most for public finances, that their state-level markets are 35 square meters, but that they do not sell milk, meat, cheese and other groceries. He pointed out that the pumps certainly purchase their products from the markets, which is why the prices are slightly higher.
The Secretary General of the Confederation of Trade Unions (SSCG), Duško Zarubica, said that they would continue the fight to make Sunday a non-working day, and that they had requested that the penalties be harsh in order to prevent violations.
"We received assurances that inspections have been changed, that a Coordination Body has been formed to monitor this process, and that it has been limited to a year - to be sure that these five months will be respected," said Zarubica.
Secretary General of the MEF Suzana Radulović said that she was shocked when the PES submitted an initiative to avoid unconstitutionality, adding that "due to occupational health and safety, and that all other elements still remain unconstitutional. That is why she is asking for a solution to be reached through dialogue."
President of the Chamber of Commerce and Industry of Montenegro Nina Drakić emphasized that a decision should not be made that could be overturned by the Constitutional Court again, and that tourists must be provided with shopping.
"Based on the proposal of the Social Council, we could not state that business people were satisfied with the level of involvement in the solution, but we believe that we need to open an additional dialogue...", said Drakić.
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