The Montenegrin Employers’ Union (UPCG) criticized the proposed amendments to the Law on Internal Trade submitted by MPs from the Europe Now Movement (PES), arguing that the changes related to the ban on Sunday work disregard and undermine the recommendations of the Constitutional Court.
The UPCG, which initiated a constitutional review of Article 35a six years ago, believes PES is attempting to preempt a possible ruling that could declare the current Sunday work ban unconstitutional.
In May, the Constitutional Court accepted UPCG’s initiative and launched a formal review of the 2019 legal provision banning Sunday and holiday work in retail and wholesale. The Court said the provision raises questions about equality before the law, freedom of entrepreneurship, and balance between those allowed to work and those prohibited.
The new PES proposal reframes the Sunday work ban as a health protection measure, stating it aims to safeguard the well-being of employees in retail and wholesale. It removes large wholesale warehouses from the list of exemptions, which still includes pharmacies, markets, gas stations, and kiosks.
The Constitutional Court confirmed that it has not yet ruled on the article’s constitutionality but noted that the case has priority status. Both Parliament and the Government failed to submit responses within the 60-day deadline after receiving notice of the review.
PES defended its proposal, calling Sunday a symbol of a fair and humane society, emphasizing that the policy improved working conditions since 2019 by ensuring retail workers a guaranteed day off. The party argued that economic activity in the retail sector has remained strong, with record profits for major chains, proving that the Sunday work ban has not harmed the economy.
PES justified the amendments by citing World Health Organization studies, noting that long working weeks increase health risks and that restricting Sunday work helps reduce cumulative worker stress and promote public health.
