Podgorica "Čistoća" would have to hire a former employee at the end of this month or at the beginning of next month Denis Hota return to work, or the company and the responsible person will jointly pay over 2.500 euros and risk a larger fine, if they do not fulfill this obligation. "Čistoća" told "Vijesta" that they have taken steps in this regard, but that they have to wait for a new systematization.
The Podgorica company replied to "Vijesta" that they had taken steps to return the employee to work.
The Higher Court in Podgorica recently confirmed the verdict of the Basic Court, according to which the decision on the termination of the employment relationship and the annex to the employment contract handed over to Hot by Podgorica's "Čistoća" are illegal. According to the same verdict, "Čistoća" was obliged to return Hota to work. The judgment became enforceable on January 18, and since "Čistoća" did not comply with it, Hot and his lawyer submitted a proposal for execution on February 13. Decision according to that proposal, the executive judge of the Basic Court in Podgorica Mladen Paunović he brought on February 20.
"On the basis of the executive document - the verdict of the Basic Court in Podgorica no. 2159/21 of 16 May 5, at the proposal of the enforcement creditor, execution is determined against the enforcement debtor DOO 'Čistoća' Podgorica and orders the enforcement debtor to return the enforcement creditor to work for an indefinite period within eight days from the date of receipt of this decision working hours and schedules for jobs and work tasks that correspond to his professional training and working abilities", it is written in the solution, which "Vijesti" had access to.
As it is added, if "Čistoća" does not comply with this decision within the deadline, a fine of 2.000 euros will be imposed, and the person responsible will be fined 500 euros.
"Which the Court will implement ex officio and at the same time pass a new decision on enforcement, which will give the enforcement debtor a new deadline for fulfilling the obligation and impose a new fine in a larger amount, if the enforcement debtor does not fulfill his obligation even within that deadline," it is written in the decision of the Basic court.
"Cistoća" undertakes to reimburse Hota for the costs of the procedure in the amount of 125 euros, within eight days of the decision becoming legally binding, under the threat of enforcement.
From the Podgorica utility company, of which he is the executive director Andrija Čađenović, said they have taken steps to reinstate the employee.
"For which it is necessary to comply with the administrative procedure, because 'Cistoća' does not have the right to independently change the Act on systematization and open a new workplace. It is essential to know that Denis Hot is employed at the "Ivan Uskoković" Secondary Vocational School in Podgorica, which fact Hot concealed from the court and "Cistoća", in which direction the evidence will be obtained and the legality of the request for reinstatement will be assessed and his conscientiousness, and due to the concealment of that fact, and non-return of the severance pay, he will bear the legal consequences", it is written in the reply that "Čistoća" submitted to "Vijesta".
Hot has been employed at "Čistoća" since February 20, 2018, since that employer concluded several fixed-term contracts with him - two for three months each, one contract for 12 months and three contracts for one month. After the expiration of the last one on October 18, 2019, "Čistoća" issued a decision on the termination of the employment relationship. According to all contracts, Hot was employed as a manager in the service for the exploitation of machinery and vehicles. That workplace is recognized by the Rulebook on the organization and systematization of workplaces, so the court earlier, passing the judgment, stated that "it follows that the defendant, as an employer, had a permanent need for this type of employment". By systematization, as they said earlier and from "Čistoća", one executor is planned for that workplace. He was assigned to the position of Hota on February 1, 2018 Mihailo Popovic, whose wife Daca Popović at that time she was the executive director of "Čistoća".
In the middle of 2021, the Agency for the Prevention of Corruption (ASK) awarded Denis Hot the status of a whistleblower, and then gave the employer, the company "Čistoća", a recommendation to allow Hot to be assigned to a position that corresponds to his professional training, working abilities, knowledge and experience.
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