The renewed discussion on the Sunday work ban, emerging just before the Constitutional Court’s upcoming decision, has reopened a long-standing issue, but this time with a new justification and the same underlying intention to keep the existing rules unchanged. This is the view expressed by the president of the Montenegrin Employers Federation (CUP), Prof. Dr. Vasilije Kostić, in a statement for Pobjeda.
The political movement Europe Now (PES) recently submitted amendments to Article 35a of the Law on Internal Trade, which regulates the non-working Sunday policy. A decision from the Constitutional Court is still pending, following a request by the Montenegrin Employers Union (UPCG) to assess the constitutionality of the provision. The newly proposed amendments do not substantially change the Sunday work ban, except for removing the exception that previously allowed wholesale warehouses to operate on Sundays. The only notable addition is the claim that the ban is necessary to protect human health, referencing World Health Organization research that working more than 55 hours per week increases the risk of cardiovascular and mental illnesses, while shorter workweeks reduce those risks.
Kostić argues that this new justification illustrates the “unbearable ease” with which arguments such as exploitation, injustice, lack of rights, and worker protection are invoked. He emphasizes that justice is not an abstract value but requires understanding cause-and-effect relations and equal treatment for all. Only through such an approach, he says, can the concept of fairness be meaningfully applied.
He agrees that worker health is of utmost importance but stresses that it is strongly linked to living standards, which worsen when income decreases. He points out that workers should have the right to decide whether they want to work on Sundays, just as employers should have the right to offer such work. All issues concerning labor, the right to work, and equal treatment fall within the sensitive domain of human rights and freedoms. Moreover, a market-based economy—one of the fundamental principles of democratic societies—is inseparable from entrepreneurship and the broader idea of a free and fair society. According to Kostić, isolating a single issue, such as the Sunday work ban, without considering the wider democratic context, ultimately harms the overall social and economic environment.
Kostić further notes that public policy debates are often shaped by so-called “echo chambers,” in which groups reinforce their own viewpoints without adequate knowledge of the issue. He believes this results in overconfident proposals and rigid positions based on limited understanding, with truth becoming “the first casualty.”
The state, he argues, should intervene only when market failures harm the majority of society or vulnerable groups. It should not interfere where market participants—workers and employers—are better positioned to negotiate optimal solutions. By imposing restrictions in advance, the state may unintentionally harm those it claims to protect.
According to Kostić, the proper approach is for the state to establish a legal framework that defines under which conditions work may be performed on Sundays, should both employees and employers choose to do so. Employers could organize Sunday work only if employees voluntarily agree, under legally defined conditions. Suggestions that the state cannot effectively supervise such arrangements, he says, reflect the state’s shortcomings rather than a justification for non-market restrictions.
He warns that throughout history, ignorance and superficial decision-making have caused the greatest damage. He stresses the importance of acknowledging personal biases, verifying information, and cultivating sensitivity toward the difficulties faced by others. Workers need rest, he says, but they also need wages that enable a decent standard of living.
The first non-working Sunday policy was introduced in October 2019, after which the UPCG submitted a constitutional review request. The Constitutional Court needed five and a half years to act on the initiative and only launched the procedure in May, questioning whether the Sunday work ban aligns with constitutional principles of equality, human rights limitations, freedom of entrepreneurship, and legal coherence. The Court also questioned whether a constitutionally acceptable balance exists between those allowed and those prohibited from working on Sundays.
The Court recently told Pobjeda that the case has priority status, but it remains unknown when it will be scheduled for review. Neither Parliament nor the Government has responded to the Court’s findings or requested a suspension of the proceedings.
Following the proposed amendments, PES reaffirmed its strong support for the non-working Sunday policy, calling it a fair, socially responsible, and economically justified measure. They argue that before 2019, retail workers faced excessive working hours, low wages, lack of union protection, and no guaranteed day off. With the introduction of the non-working Sunday, thousands of workers received their first guaranteed rest day. They also noted that economic activity in the retail sector has not declined—in fact, turnover has grown, and major retail chains continue to post record profits and expand operations.
The UPCG, however, responded by stating that the amendments disregard the Court’s recommendations and effectively undermine them.
