The management of the Nikšić company "EPCG - Željezara" asked the Minister of Labor and Social Welfare Naide Nišić to delete Ivan Vujović from the register of authorized trade union organizations as a person representing the trade union of this company, as well as to delete the Collective Agreement for this factory from the register of collective agreements because these entries were, as claimed, illegal and based on incorrect data.
In addition to the Minister of Labor and the Directorate for Inspection Affairs, a letter was sent to the Labor Inspectorate to carry out an inspection regarding the legality of the registration of Vujović as an authorized union representative of Željezara.
The management of the Nikšić factory indicated that Vujović was registered as an authorized person for the trade union before starting an employment relationship in the factory where he came from the Labor Bureau, that there is no documentation that determines the exact number of members of the trade union organization, as well as statements of access of employees to the trade union.
Vujović claims that the union he chairs is representative and that he can document everything.
"Vijesti" is waiting for a response from the Ministry of Labor and the Directorate for Inspection Affairs regarding this case.
The decision on these requests was made on May 30 by the Board of Directors of Željezara, which he chairs Svetozar Golubović and who authorized the executive director Nevenka Janković to initiate the procedure with the Ministry and the Administration.
"Vijesti" has access to the complete documentation related to this case.
On April 6, 2023, the Ministry of Labor issued a decision on the entry of Vujović into the register of authorized persons in this trade union organization, and on June 26, 2023, a decision on the entry of the factory's Collective Agreement into the register of collective agreements. Previously, Vujović signed a collective agreement together with the then executive director on behalf of the factory union Đorđe Manojlović and the then chairman of the board of directors Marko Perunović.
In the letter to Minister Nišić, it is pointed out that in last year's decision of the ministry regarding Vujović, it was stated that the representative trade union organization "EPCG-Željezara" was entered in the register on September 29, 2010 in book I on page 91, under serial number 91.
"However, the decision is completely illegal because it is based on a wrong and incomplete factual situation, because the contested entry of the named person (Vujović) was made on the basis of incorrect data of the applicant, that is, on the basis of the application of an unauthorized person," explains Janković in the letter.
She pointed out that the statements that the representative trade union organization "EPCG- Željezara" was registered in the Register of representative trade unions on September 28.09.2010, 19.01.2023 are incorrect. year, because there is no evidence of that registration, and that this claim is supported by the fact that "EPCG- Željezara" established its legal personality on XNUMX. the year when the Decision on its establishment was made.
"The law on representativeness of trade unions (Article 2, paragraph 1, item 1) defines that a trade union in the sense of this law is one that is organized by the employer. In accordance with that provision, in order for there to be continuity of trade union organizations (which is indicated by the documentation on the basis of which the ministry made a decision), it is necessary for there to be legal continuity of the employer, where the trade union organization is organized, but in concrete terms this is not the case, on the contrary. In January 2023, EPCG concluded a contract for the purchase and sale of the entire property of the former Nikšić Ironworks with the previous owner, and Article 16 of the contract in question defines that the subject is only the sale of property and that this contract does not represent a contract for the transfer of shares of any company", she emphasized. Janković, adding that these views are confirmed by the fact that all the employees of Toščelik's previous employer and owner of Željezara were terminated during 2022.
The management of "EPCG-Željezara" also indicated that with the new employer - "EPCG-Željezara" Ivan Vujović concluded an employment contract for an indefinite period on April 11.04.2023, 06.04.2023. year, therefore, after XNUMX. year, when he was registered as an authorized person to represent the representative trade union organization "EPCG Željezara".
"Accordingly, given the fact that "EPCG Željezara" is not a legal follower of either Željezara Nikšić or Toščelik and that the disputed entry was made before the employment relationship between Vujović and "EPCG-Željezara" was established, it is indisputable that Vujović was illegally entered as an authorized person to represent the trade union organization", the letter states.
When it comes to the annulment of the decision on the registration of the Collective Agreement for "EPCG-Željezara", in the minister's letter it is indicated that EPCG requested from the Ministry of Labor, according to the law on free access to information, on April 19 of this year, the documentation that this department has that relates to registration of the collective agreement "EPCG - Željezara" and to determine the representativeness of the trade union organization "EPCG - Željezara" with emphasis on the documentation that refers to the confirmation signed between the representative of the trade union organization "EPCG - Željezara", Ivan Vujović and the then director Đorđij Manojlović, which determined the exact number members of the trade union organization, as well as employee access statements. However, in the documentation submitted by the Ministry of Labor in accordance with the request on SPI, there was no requested data regarding the exact number of union members and signed statements.
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Simović-Zvicer and Drašković, legal representatives of the Trade Union
In a letter to the management of Željezara, Vujović states that their trade union organization is representative even though someone "anonymously" reported them to the Ministry that they were not.
"In support of my statement, I am sending a confirmation from the Ministry of Labor and Social Welfare. Also, if you are interested, we can deliver all the application forms and all the documents that are needed, and you can get everything you want to know from us and our legal representatives. Vesne Simović Switzerland i Dragan Drašković", states Vujović.
He further states that they know that the management is "trying to annul the collective agreement that was signed according to all laws".
"Anything that you think is illegal, you have the laws of our country and we are here with our legal representatives to defend the truth", states Vujović and adds that they will publish everything in the media, as well as the behavior of individual members of the EPCG Board of Directors towards the best engineers who are in charge for making structures for power plants that need to work.
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