Overtime work in Montenegro

Overtime is inevitable in many industries, but its application must be in accordance with the law and rules that protect employees.

In this blog, we will explain when overtime is introduced, what are the rights of the employees and what are the obligations of the employer.

WHEN IS OVERTIME INTRODUCED?

Overtime work means the employee's work after regular working hours, with the aim of performing the tasks that he normally performs according to the employment contract. The employer can make a decision on overtime work in the case of:

• Increased workload
• Emergency situations - such as accidents, natural disasters or threats to property and people's safety.

OBLIGATIONS OF THE EMPLOYER WHEN INTRODUCING OVERTIME WORK

The employer is obliged to make a written decision on the introduction of overtime work and to inform the employees about it. However, in urgent circumstances, the notification may be verbal, but then the written decision must be delivered to the employees no later than three days after the termination of the circumstances.

Also, the employer is obliged to notify the Labor Inspectorate within three days of the decision on overtime work. If the inspector determines that overtime work has been introduced contrary to the regulations, he can prohibit overtime work.

HOW LONG CAN OVERTIME LAST?

Overtime work lasts only as long as there is a justified need for it, but the law sets clear limits:

• The maximum average working time in four months may not exceed 48 hours per week.
• In certain situations, the weekly number of hours can be increased up to 50 hours.
• The annual overtime limit is 250 hours, according to the collective agreement.

RIGHT OF EMPLOYEES TO ADDITIONAL COMPENSATION

The law stipulates that the employee's basic salary is increased by at least 40% per hour of overtime.

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