Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Montenegro (Ratification: 2006)

Articles 6 and 7 of the Convention. Special weekly rest schemes. The Committee notes the latest amendments that were introduced to the Labour Law in 2011 (Official Gazette No. 59/2011 of 14 December 2011). The Committee notes that under section 62 of the Labour Law, in case an employee has to work during his weekly recess, the employer must allow him a rest period comprising not less than 24 successive hours during the following week. The Committee notes, in this regard, that section 54(1) provides for the possibility of rescheduling working hours – which might possibly result in applying special weekly rest schemes – whenever required by the nature of the activity, work organization, the need for better usage of assets, more rational distribution of working hours and performance of certain activities within defined time limits. The Committee wishes to recall, in this respect, that the circumstances enumerated in section 54(1) go beyond the well-defined circumstances for specified categories of persons or specified types of establishments justifying recourse to special weekly rest schemes in accordance with Article 7(1) of the Convention. Moreover, the Committee notes that according to section 53(1), the decision on the rescheduling of working hours may be taken by the employer whereas Article 7(4) of the Convention requires any exceptions to be authorized in consultation with the representative employers’ and workers’ organizations. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to give full effect to Article 7(1) and (4) of the Convention.

Article 8. Temporary exemptions. The Committee notes that section 50(1) of the Labour Law enumerates specific cases where an employee may be required to work overtime. The Committee also notes that section 49(1) provides that an employee may work overtime in case of an unexpected increased workload that cannot be completed through adequate organization of work or work schedule. The Committee recalls, in this respect, that Article 8(1) of the Convention only authorizes temporary exemptions to weekly rest in the circumstances enumerated exhaustively, i.e. (i) in case of accident, actual or threatened, force majeure or urgent work to premises and equipment, but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment; (ii) in the event of abnormal pressure of work due to special circumstances, in so far as the employer cannot ordinarily be expected to resort to other measures; and (iii) in order to prevent the loss of perishable goods. Noting that the circumstances under which overtime is authorized under section 49(1) of the Labour Law, this may have an impact on the workers’ entitlement to weekly rest, the Committee requests the Government to take the necessary steps to ensure that any temporary exemptions to the normal 24-hour weekly rest period remains limited to the conditions set out in Article 8(1) of the Convention.