The Constitutional Court of Montenegro will decide on an initiative challenging the decision of the Capital City Health Center to have pediatricians from that institution work a third shift, from 9 p.m. to 7 a.m., in the premises of the Institute for Children's Diseases of the Clinical Center of Montenegro.
The initiators claim that such a solution is unconstitutional and illegal, because, among other things, employees are allegedly forced to work overtime without consent, they are referred to another employer, and children are left without the opportunity to receive healthcare from their chosen pediatrician.
The Constitutional Court responded to "Vijesti" that the initiative proposed that this institution issue an order suspending the implementation of the disputed decision on the introduction of a third shift for pediatricians until a final decision is made.
They specified that the initiative was received on June 9, and that it challenges the decision of the Capital City Health Center of April 14, 2026, amending the Decision on Working Hours at that health institution.
The initiative was submitted by lawyers MK i HAVE, challenging the norm according to which, in order to ensure the health care of children and youth, the Capital City Health Center organizes work and the provision of health care even at night, from 9 pm to 7 am the next day, in the premises of the Institute for Children's Diseases of the KCCG.
The initiators of the initiative claim that this norm is unconstitutional and illegal, because, as they state, it violates the constitutional principle that employees have the right to limited working hours, that overtime work requires the employee's consent, and that the situation in the Podgorica Health Center is already bad due to a lack of staff.
According to the response of the Constitutional Court, the initiative also states that it concerns the transfer of an employee to another employer, and that the decision could not have been made by the director, but by the Board of Directors, which, as the applicants claim, makes it illegal.
"Among other things, it is claimed that the transfer of the Health Center doctor to the Clinical Center violates the constitutional right to health care because the children and young people of the doctor who is assigned to the KCCG will be prevented from receiving health care from their chosen doctor, who monitors the course of their health condition," the Constitutional Court said, adding that the case has been assigned to the judge rapporteur and the constitutional court advisor, and that the initiative will be sent to the author of the disputed act so that he can comment on the allegations contained therein.
Too few doctors, too many patients
Pediatricians at the Capital City Health Center previously announced that they have been under pressure for months to accept night work and provide pediatric care during the night.
In a letter they submitted to Television Vijesti in mid-May, they stated that anyone who has ever set foot in the pediatrics department of the Health Center knows how crowded it is and how busy pediatricians are.
"Insufficient number of doctors, too many patients, poor working conditions at certain points, a situation where one doctor works instead of two or three, is the everyday life of the pediatric service of the Capital City Health Center," the pediatricians stated.
They pointed out that pediatrics is open from 7 am to 9 pm, every day of the year, and that in addition to regular work, weekend on-call services, emergency vaccinations, and ultrasounds of baby hips are also organized.
"This level of work, workload, and fatigue is beyond all limits of endurance, especially during virus seasons, when the number of patients is many times higher than normal," the pediatricians said.
They also claimed that the Ministry of Health was pressuring pediatricians at the Health Center to take over night shifts, which, as they stated, would "inevitably disrupt the already barely sustainable system of work for primary care pediatricians."
According to data published on the website of the Podgorica Health Center, the pediatric service operates through 27 pediatric teams distributed across eight points and cares for around 48.600 registered children.
"It can't happen overnight"
The Capital City Health Center, responding to the pediatricians' letter, stated that this is a decades-old problem that has been accompanied by systemic neglect of the pediatrics sector and supporting segments, and that it cannot be solved overnight.
"Over the past two years, while respecting the views of our colleagues, we have spent a lot of time looking for a solution to this evident problem," the Health Center management stated.
They said that they had a significant number of meetings with the Ministry of Health, that the problem was also raised with the Government, and that a series of conclusions were reached and a systematic solution to the staffing shortage of pediatricians was initiated, which, as they stated, burdens not only the Capital City Health Center, but also the Clinical Center, or the Institute for Children's Diseases.
The administration announced that they are ensuring that the additional work of pediatricians is adequately paid within the legal framework, as well as that they are improving their skills through training both in and outside the institution.
"When the decision was made, which we must adhere to, we implemented all legal procedures regarding shift work. Without any pressure and without jeopardizing anyone's rights - human and professional," the Health Center claims.
They also said that some pediatricians showed understanding for the new circumstances, while others believed that other solutions should be sought.
"This is a shared challenge that we are determined to solve," concluded the management of the Capital City Health Center.
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