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Montenegro

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Montenegro

Standard working hours

The Labor Law in Montenegro establishes a framework for working hours, ensuring a balance between employee well-being and employer needs. The standard workweek in Montenegro is set at 40 hours, as outlined in the Labor Law. This typically translates to 8 hours per day for a five-day workweek.

There's a limit on the total number of hours an employee can work per week. The law restricts regular work hours to a maximum of 50 hours per week. Additionally, the average working hours over a four-month period cannot exceed 48 hours per week.

Overtime

In Montenegro, the Labor Act regulates overtime work, striking a balance between the needs of employers and the well-being of employees. Here are the key rules and compensation:

Maximum Overtime Hours

  • Weekly Limit: Overtime cannot exceed 10 hours per week.
  • Monthly Cap (through Collective Bargaining Agreements): Employers and employee unions can establish a yearly maximum through collective bargaining agreements. This maximum cannot surpass 250 hours annually.
  • Average Workweek Limit: Calculated over four months, the total work time, including overtime, cannot exceed an average of 48 hours per week. There's a strict limit of 50 hours in any given week.

Overtime Agreement and Exceptions

  • Generally Required: Employers must obtain the employee's written consent before assigning overtime work.
  • Exceptions: In emergencies or unforeseen circumstances that threaten the safety of people or property, employer consent suffices.

Overtime Compensation

  • Minimum Pay: Overtime work is compensated at a minimum premium of 140% of the employee's regular wage.
  • Collective Bargaining Agreements: Agreements between employers and employee unions can influence overtime pay.

Rest periods and breaks

In Montenegro, employee well-being is a priority, with mandated rest periods and breaks throughout the workday and workweek. These entitlements are as per Montenegrin labor laws:

Daily Breaks

  • All employees are entitled to a lunch break of at least 30 minutes. This break is considered part of the working hours.
  • For part-time employees working between 4 and 6 hours daily, the break duration cannot be less than 15 minutes.
  • If an employee's daily working hours exceed 10 hours, they are entitled to a 45-minute break.

Daily Rest Between Work Shifts

  • There must be a minimum of 12 hours of rest between the end of one workday and the beginning of the next.

Weekly Rest Period

  • Employees are legally entitled to a continuous 24-hour rest period per week.
  • Sundays are generally observed as the weekly rest day in Montenegro. However, this can be subject to negotiation through collective bargaining agreements.

Night shift and weekend regulations

In Montenegro, the potential strain of night and weekend work is recognized and regulated accordingly.

When it comes to Night Shift Work, Montenegro follows the International Labour Organization's (ILO) night work framework, which typically encompasses hours between 10 pm and 6 am. Employers generally require the employee's written consent before assigning night shifts. They may also request night workers to undergo periodic health assessments to ensure their fitness for night work. Night work is compensated at a minimum premium of 140% of the regular wage. There are no statutory limitations on the number of consecutive night shifts an employee can work, but collective bargaining agreements might establish such limits.

As for Weekend Work, it is generally discouraged and should be limited to exceptional circumstances. Similar to night shifts, employers typically require the employee's written consent for weekend work. Weekend work is also compensated at a minimum premium of 140% of the regular wage. Employees are still entitled to their mandatory 24-hour weekly rest period, even if it falls on a weekend with assigned work. In such cases, the employee should receive a compensatory rest day during the week.

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