A group of about thirty workers of the casino "Maestral" from Pržno hired lawyers to file a lawsuit against this casino because the management had been ripping them off for years by keeping for themselves the largest part of the tips left by the guests, "Vijesti" has learned.
The reason for these lawsuits is that their former colleague Nikola Stijović the first-instance verdict has already awarded compensation of 44 thousand euros for unpaid tips from 2009 to October 2013 and interest, as well as the fact that in January of the following year, the part of the Labor Law that foresees the statute of limitations for all employee claims arising before 2020 will come into force. In order for the statute of limitations not to apply, lawsuits must be filed by the end of the year.
In April of this year, the Basic Court in Cetinje issued a first-instance verdict according to which the casino "Maestral" should pay 44 thousand euros to its former employee Nikola Stijović for ripping him off because he, as well as other employees, did not pass on the full amount of tips given by the gamblers. left on their gaming tables. "Maestral" filed an appeal against this verdict and the court proceedings are still ongoing.
This court case lasted eight years, and two competent courts and three judges changed. During the procedure, the expert determined that the management of the casino, through an unofficial and internal change in the rulebook, decided to forward 40 to 50 percent of the tip to the workers, and to keep the rest and distribute it according to their wishes. According to expert witness documents, the monthly tip amounts were worth more than 100 euros.
One of the casino workers Arsenije Đeković he started in August, through his lawyer Marice Babović, proceedings before the Agency for the Peaceful Resolution of Labor Disputes to try to collect his claims for the unpaid part of tips from April 1, 2009 without trial.
An agreement was not reached because, according to the documentation that "Vijesti" has, "Maestral" refused to accept that obligation. They also stated that the judgment for the payment of Stijović is not yet final.
Đeković told "Vijesti" yesterday that during that period, after he initiated the proceedings in August, he had several meetings with representatives of the administration, where it was emphasized to him that "the employer does not like workers who sue him", that is, that he would be fired if he did not give up the requested money.
On October 16, his employer sent him Annex III of the employment contract, by which he was transferred from the position of croupier in the casino to a pool cleaner. The offer states that his basic salary would be 199,51 euros, but "in any case in an amount not less than the legally prescribed minimum gross salary".
Đeković said that he rejected the offer from the annex because it was humiliating, as well as because he was a trained croupier with 15 years of experience, who himself paid for those trainings and foreign language courses.
"With that income, I would not be able to support my family with three children. The offer was made only to be rejected and so they could fire me as a message to others not to file lawsuits. However, I will not give up", said Đeković.
The dismissal decision was filed on November 3, two days after he filed a claim for payment of his claims.
According to the Labor Law, if the worker refuses to sign the annex, the employer can fire him, and it is up to the worker to prove in court proceedings that the offer from the annex was worse than his previous workplace in order to get a return to work and compensation.
"Maestral" stated in the documentation that they needed a worker for pool maintenance, and that for that position as well as for the croupier, the systematization provided for the same third-level professional qualification. Đeković has a IV degree in professional education and has passed the croupier's exams.
During the trial against Stijović, he and other witnesses, casino workers, stated that they officially worked for the minimum wage and that the tip was not part of their gross salary, i.e. no taxes and contributions were paid on it, even though it was shared by the employer.
According to the tables on the distribution of tips, which was previously prepared by a court expert based on the documentation of "Maestral", the payments of part of the tips amounted to over 900 euros per worker per month, although he was left with tips in the amount of over 2.200 euros per month.
The total tip that the gamblers left in the casino amounted to 100 to 300 thousand euros per month, that is, for the contested period of five years, it amounted to over seven million euros. The report also states that the employer kept 50 to 60 percent of that sum for himself, and distributed the rest to the workers.
The company "Maestral" previously told "Vijesta" that they do not want to comment on this case until it has been legally concluded.
Part of the workers gave up after pressure from the management
According to "Vijesti" information, after Đeković was fired on November 3, a meeting was held between several employees and representatives of the management of "Maestral".
"At that meeting, the director announced that the person who sues the company cannot continue to work, as they have already shown with the example of Đeković. He said that it was unacceptable to him that someone could sue the company and still work there because trust would be broken. He also said he didn't realize the casino had two owners before and that they didn't sue until the current owner took over the company. He said that this was unacceptable to him and repeated that everyone who sues will be fired. He also announced that he is ready to close the casino if necessary, but that he will not work with the people who sued, and that those who win the dispute will be paid from the tip fund, thus reducing the tip of the employees who they will work at the moment", said the source of "Vijesti" from that meeting.
He believes that this behavior is the result of fear, because the casino management is aware that it is very likely to lose the dispute regarding the compensation for damages due to the less paid tip.
This meeting and the messages from it had an impact because a number of workers, who had already given power of attorney to file a lawsuit and signed representation contracts, contacted lawyers and announced that they were withdrawing. Their explanations were that they could not afford to lose their jobs because they support their families, they have obligations to pay back housing loans...
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