The protector of human rights and freedoms determined that the rulebook, on the basis of which Podgorica's "Čistoća" solves the housing needs of its employees, is discriminatory because the employees are in a less favorable position compared to "personnel of special importance" for that company.
That's why it was recommended to this city company to remove the consequences of discrimination from the rulebook, and not to regulate the solution of the housing needs of employees in a way that puts them in a disproportionately unfavorable position compared to managers...
The Protector gave a deadline of 30 days for "Čistoća" to submit a report on the actions and measures taken to implement this recommendation.
The executive director of "Čistoća" Andrija Čeđenović told "Vijesta" that today he will answer what the company is doing regarding the opinion of the Protector.
The ombudsman stated in his opinion that it is clear from the contested ordinance that the conditions for buying an apartment are significantly more favorable for those who are considered to be personnel of special importance, such as the executive director and his assistants, compared to other personnel.
The reason for this opinion is that the purchase of an apartment under favorable conditions for employees and civil servants implies only a reduction of the market price per square meter of living space for communal equipment of construction land. On the other hand, the price of an apartment for personnel of special importance can be reduced by up to 80 percent for several reasons.
From this, as they claim, the conclusion about the different treatment of personnel within the company clearly follows, but there is also a third element of discrimination.
Namely, when it comes to solving housing needs, the officers and employees of "Čistoće" do not have the same treatment as their colleagues employed in the capital city. In the opinion, signed by Ombudsman Siniša Bjeković, it is written that the Rulebook on solving the housing needs of employees in "Čistoća" does not contain any of the grounds for reducing the price of an apartment contained in the Decision on solving the housing needs of local officials and employees of the Capital City.
"Article 7 of the Decision of the Capital City lists the grounds for reducing the price of an apartment that is purchased under more favorable conditions, such as the years of service, the age of the building, the years of allocation of contributions for housing construction, as well as the average grade of work "excellent" achieved in the entire period evaluations. None of the aforementioned grounds recognize the disputed Ordinance as a basis for reducing the price of the apartment".
In the opinion of the Protector, it is written that the company had the opportunity to refute the presumption of discrimination with objective, reasonable and sufficient reasons and to prove that different treatment was justified. However, they state that "Čistoća" tried to justify the inequality in solving housing needs by the alleged compliance of the contested rulebook with other regulations in this area, as well as the fact that all previous rulebooks on solving housing needs in that company had provisions that put in a privileged position the staff of of special importance...
"The defender states that the existence of a certain practice that has been determined to be discriminatory cannot in any case be an argument that it is legitimate to continue such a practice, but on the contrary is an additional indicator that such a practice needs to be stopped as soon as possible".
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