Communal "Lim" employed without consent and competition

The Directorate for Inspection Affairs, Department for Labor Inspection, established numerous irregularities during employment in the Bjelopolje company Komunalno "Lim".

The inspection reacted after the claims of Vladan Kojović, an employee of that company, in a statement given to "Vijesti" about the hiring of 10 people without a competition, with a promise to hire them if they vote for a certain political party.

On the other hand, the director of Komunal Muradif Grbović claimed that there was no employment, however, the inspection found the opposite.

It follows from the inspection that people were getting jobs in the Communal without the approval of the Ministry of Finance, which they are obliged to ask because the Municipality was in debt reprogramming, whereby they bypassed the Employment Office and hired workers through a labor rental agency and gave them solutions.

"The notification of the Labor Inspectorate, member of the Evropa Sad Movement Andrija Delić, was distributed to the councilors at the last session of the local parliament. Smolović then said that he was not aware of these developments in Komunalno and that this was the first time he had heard that there was employment through an agency for hiring workers, because the Municipality does this strictly through ZZZZ and has distanced itself from such a method of employment. "If the authorities determine the same, the responsibility will be borne by the management of that company", said Smolović

Labor Inspector Sonja Rakonjac states that in accordance with the Law on Inspection Supervision, the initiative was considered within the legal term and "that the subject DOO Komunalno Lim was inspected and the factual situation was established, in connection with the report of June 29".

"The inspector asked for a statement from director Muradif Grbović in response to whether there were any new admissions after the inspection. On July 6, a written statement was submitted by acting executive director Grbović, who stated that 'the application is completely unfounded'. "The information that I confirmed the statements of the worker Vladan Kojović as accurate and true, and that I gave a statement in relation to it, is incorrect. Posts related to that on portals and social networks are not mine, but rather the abuse of words that I did not say. "I gave a statement to a journalist from 'Vijesti' and I denied the allegations in their entirety as unfounded," said Grbović.

"In connection with the new employment after the parliamentary elections held on June 11, no person was employed on any basis," Grbović said in a statement to the Labor Inspectorate.

The inspection report states that the inspection on July 1 established that the Municipal Corporation is in the process of rescheduling the Municipality's tax debt, based on the contract dated May 30, 2015, concluded between the Ministry of Finance and the Municipality, which reprogrammed the tax obligations of that undertaking, based on taxes and contributions to the wages of employees, due for payment ending on December 31, 2014, for a period of 20 years, starting on July 1. 2015. year.

"The inspector was not in possession of that contract on reprogramming, nor does she control the fulfillment of its obligations, but she is aware that the taxpayer who reprogrammed his tax obligations without the consent and financial resources provided by the Ministry of Finance and the Municipality, and cannot hire new people or engage with any type of contract," the Labor Inspectorate's response states.

The inspector states that based on the Labor Law, Komunalno concluded an agreement on the assignment of employees to the agency "Nace Job" from Podgorica on April 2, 2021, which was continuously extended, and the last annex to the agreement was concluded on July 1, 2022 and is valid until June 30, 2023.

"In the period when the new acting director took office, and based on the agreement on the transfer of employees for the needs of the users, four persons employed by the agency doo "Nace Job" were transferred, namely MZ, MN, EA and EI. On the basis of other types of contracts, work contracts dated April 28, in order to provide consulting services to the acting executive director Muradif Grbović, AB and RS were engaged, starting on April 18 of this year. These jobs are not provided for by the rulebook on the internal organization and systematization of workplaces of that company, but rather they are mandatory jobs. Based on the Labor Law based on the agreement of the employer and the consent of the employee Dž. B. concluded an employment contract for an indefinite period, starting on May 16 of this year. According to the statement of the legal officer, there are no other employment contracts or any other type of contract with her, and she does not know whether anyone was hired through some type of contract", says inspector Rakonjac.

By the Rulebook on the internal organization and systematization of workplaces from December 23, 2022, which was approved by the Board of Municipal Directors and the President of the Municipality, Petar Smolović, from December 16, 2022, the workplaces for operators of construction and special machines, operators of construction machines were systematized - 8 executors, of which 7 were filled, for maintenance and heating three executors and 3 filled in the department for general legal resources, 1 executor.

"Regardless of the fact that the mentioned persons were taken over through an agency and an agreement on taking over employees, for the temporary transfer of employees, the employer was obliged, in accordance with the Law on Employment Mediation and Employment Law, to report the vacancy to the Employment Agency, by submitting a vacancy report, which in this particular case the employer did not do what the inspector pointed out to him and set a deadline of eight days for the elimination of irregularities," the notification on inspection supervision says.

Regarding the spending of funds on behalf of hiring those people without secured financial resources from the Ministry of Finance and Municipality B, the Labor Inspectorate states that the interested party can file a criminal complaint with the Basic State Prosecutor's Office, and notify the Municipality and the Ministry of Finance, which will determine whether there has been a violation of the provisions of the tax debt rescheduling agreement.