Montenegrin maritime union challenges sea worker leave laws

The Independent Maritime and Transport Workers Union of Montenegro has filed an initiative with the Constitutional Court of Montenegro to review specific provisions of the Maritime Safety Act. The union is challenging articles that allow seafarers to voluntarily waive their right to annual leave and permit stays on board for up to 12 months.

The union argues these provisions violate the Constitution and the Maritime Labour Convention (MLC 2006). They contend that allowing seafarers to waive leave places them at a disadvantage compared to other workers in Montenegro, where the Labor Law prohibits such waivers without exception. Furthermore, they claim the 12-month service limit exceeds the maximum duration established by MLC 2006 standards.

The Ministry of Maritime Affairs has recommended that the Constitutional Court reject the initiative as unfounded. The Ministry maintains that the law does not provide an absolute ban on waiving leave, but rather allows competent authorities to determine specific circumstances where such waivers are permitted. They also noted that extended embarkation requires both a collective agreement involving representative unions and the explicit consent of the individual seafarer.