Overtime work in Montenegro

Overtime work is a common occurrence in many industries, but its application must be in line with the law and clearly defined rules that protect employees’ rights.

Below is everything you need to know about introducing overtime work, employer obligations, and employee rights.

WHEN IS OVERTIME INTRODUCED?

Overtime means performing work duties defined by the employment contract after regular working hours. An employer may introduce overtime in cases of:

• increased workload,
• extraordinary circumstances (accidents, natural disasters, threats to property or people’s safety).

EMPLOYER OBLIGATIONS

When introducing overtime work, the employer is obliged to:

• issue a written decision on the introduction of overtime and notify employees,
• in urgent circumstances, give oral notice, but provide a written decision no later than 3 days after the end of those circumstances,
• notify the Labor Inspectorate within 3 days of issuing the decision.

If the inspectorate determines that overtime work was introduced contrary to regulations, it may prohibit it.

HOW LONG CAN OVERTIME LAST?

The law clearly sets the following limits:

• average working time over a 4-month period must not exceed 48 hours per week,
• in certain circumstances it may be increased up to 50 hours per week,
• the annual limit is 250 hours of overtime (according to the collective agreement).

EMPLOYEE RIGHTS

For overtime work, employees are entitled to additional compensation. The basic salary is increased by at least 40% per overtime hour.