The Administration and Judiciary Union of Montenegro sent a letter to several state institutions, warning of uneven practice and legal uncertainty regarding the termination of employment of civil servants and state employees by force of law.
The Union states that a large number of employees contact them every day asking whether the provision of the Labor Law, according to which the employment relationship terminates upon reaching the age of 67 and at least 15 years of insurance service, or the provision of the Law on Civil Servants and Employees, according to which the employment relationship terminates upon reaching the age of 66, applies in their case.
"The legal team of the Trade Union of Administration and Judiciary of Montenegro is of the opinion, and taking into account the provision of Article 6, paragraph 1 of the Labor Law, which stipulates that "a special law, collective agreement and employment contract cannot contain provisions that grant employees fewer rights or establish less favorable working conditions than the rights and conditions established by this Law", that the provision of Article 164, paragraph 1, item 1 of the Labor Law should be applied to civil servants and state employees, which, as a provision of general labor regulations, gives greater rights to employees in state bodies than a special law, i.e. the Law on Civil Servants and State Employees, and at the same time, in this way all employees, both those from the public and those from the real sector, excluding legal exceptions, are brought into an equal position," the address states.
The union recalls that the Ministry of Labor, Employment and Social Dialogue, in its opinion of May 18, 2026, took the position that the relevant provision of the Labor Law, namely that the employment relationship is terminated at the age of 67, is because the application of a lower age limit would mean a less favorable position for employees.
On the other hand, the Ministry of Public Administration took the opposite position in an earlier opinion, stating that in this case there is no place for subsidiary application of the general law, and that a special law applies, namely termination of employment at the age of 66.
Additional inequality, as stated by the Union, is confirmed by the practice of the Appeals Commission, which in some cases has upheld decisions on retirement at the age of 66, which, as they say, points to the conclusion that they share the same position as the Ministry of Public Administration.
"All of the above has led to different practices in state bodies, i.e. in some bodies, the employment of civil servants and employees is terminated by force of law, i.e. they retire at the age of 66, while in other bodies, employees are not sent to retirement at the age of 66, but rather they consider that the legal requirement is 67 years of age, in accordance with the Labor Law, and a completely chaotic situation has arisen that has far-reaching consequences, both for employees and for the state bodies themselves. Therefore, taking into account the different opinions of the two ministries in relation to the same situation, as well as the different application of regulations by state bodies, and therefore the different treatment of employees, all of which results in a violation of the rights of employees, and results in either illegal termination of employment or illegal work," the Union said.
They requested urgent action by the competent institutions in order, as they state, to standardize practice and eliminate dilemmas in the application of regulations.
They also announce that, if the problem is not resolved, they will inform the public and media in Montenegro about the entire case.
"As a responsible trade union, taking into account the interests of employees, while also taking into account the legal actions of the authorities, we are seeking quick and concrete feedback on the activities undertaken and the resolution of this problem, while we will inform the media and the public of Montenegro about this kind of legal anarchy, and the seriousness of the situation that has been going on for a long time," concludes the address signed by the president of the Trade Union of Administration and Justice, Nenad Rakočević.
The letter was sent to Prime Minister Milojko Spajić, Parliament Speaker Andrija Mandić, Supreme Court President Valentina Pavličić, Constitutional Court President Snežana Armenko, Human Rights and Freedoms Protector Siniša Bjeković, as well as the relevant ministers of labor, public administration, and justice.
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