Mugoša cannot return to the head of the Chamber

The basic court in Podgorica revoked the temporary decision by which doctor Aleksandar Mugoša returns to the post of president of the Medical Chamber.

"From the submitted evidence, it can be concluded that he has the status of an official, and that function is not contracted or acquired, but is entrusted by election or appointment by an authorized person, i.e. authority...", it is written in the decision of the Basic Court from three days ago.

It is stated that Mugoša cannot return to the position of the president of the Medical Chamber outside of the defined procedure, nor can his return to that position be determined until the final conclusion of the civil proceedings... because this could mean that the procedure for electing the president determined by law is changed by a temporary measure , which, according to their opinion, is inadmissible and without legal basis.

The president of the Assembly of the Medical Chamber, Milena Popović Samardžić, submitted an objection to the decision of judge Dijana Rovčanin, who passed a temporary measure, stressing that the president of the Chamber is a function, not a job. She stated that the Chamber has systematized positions in the Professional Service for two executors with a higher professional education and completed the Faculty of Law, one executor with a higher professional education and the Faculty of Economics, and one executor with a IV or VI degree of professional education, economic or legal profession, due to of which Mugoš cannot be assigned to a workplace in accordance with his qualifications.

"As the plaintiff (Mugoša) has an established full-time employment relationship at the Clinical Center, and as according to the provisions of the Labor Law, an employee cannot be in a full-time employment relationship with two employers at the same time, it is unclear whether with the entry into force of the disputed of the decision, the plaintiff's employment in KC is terminated or the defendant is ordered to hire him under the contract on supplementary work".

The complaint also states that Mugoša, before the decision on dismissal made by the Assembly, was not even in a permanent employment relationship in the Chamber, but had a contract for supplementary work that ended with the termination of the mandate on December 21 last, as determined by the conclusion Assembly from February 8 of this year. Also, it is written that Mugoša was dismissed in a technical mandate, so the court overstepped the claim by returning more rights to him than he had before the decision by which he was dismissed.