"Purity" objection rejected: Court once again in favor of Denis Hoth

The basic court in Podgorica rejected as unfounded the objection of "Čistoća" to the judgment of that court, by which the company from Podgorica was obliged to give the former employee, Denis Hota, back to work.

And executive judge Mladen Paunović with the conclusion of April 5, he ordered "Čistoća" to inform the court within three days of receiving that conclusion whether they acted according to the decision against which the appeal was filed, and if so, to submit evidence of this to the court.

In the explanation of the decision of March 29, which "Vijesti" had access to, it is recalled that on February 20 of this year, based on the verdict of May 16 last year, the Basic Court ordered execution against "Čistoća" Podgorica, when that company ordered to return Denis Hot to work, for an indefinite period of time, within eight days from the date of receipt of that decision, and assign him to jobs and tasks that correspond to his professional training and work abilities.

In the decision, it is written that the enforceable debtor, "Čistoća", in order to enforce the final judgment, "acted in the shortest possible time, and after learning of the creditor's wish to return to work".

"He approached the analysis of the Rulebook on the systematization of jobs, from which it was concluded that there is no vacancy for the creditor, that is, for his qualifications and level of professional education. Furthermore, in order to return the creditor to work, the procedure for opening a new job must first be carried out, to which the principles of administrative procedure are applied, considering that the founder of the executive creditor is the state, that is, the capital. In order to enforce the judgment, the employer started the procedure of returning the creditor to work a week before receiving the decision on enforcement, and on February 22, 2, he submitted a request to the board of directors for approval in this regard," the decision reads.

According to the article, "Čistoća" also said that a meeting of the board of directors "will be scheduled as soon as possible, where the request will probably be approved and the return to work procedure will continue", and that "therefore, the contested decision is illegal, bearing in mind that the deadline of eight days for the return of the employee to work, which is not stipulated by any provision of the Law on Execution and Security, was left by the same.

From "Čistoća" they also believe that there is no place for fines, because the purpose of punishment is "to motivate the employer to act according to the court's decision", and that, as they state, they have taken measures in that company with the aim of returning the employee to work.

They asked the court to rule on whether the person, that is, Hot, who is employed in a public institution, has the right to return to work.

Hot, it is written in the decision, said that he did not receive proof that the procedure for returning to work had begun, that the given deadline for returning to work does not indicate the illegality of the decision, "since it is the only way to avoid various abuses, which would allow employers to prolong the proceedings to the detriment of the employees-executive creditors".

He said that it is true that he got a job in a high school, "but all with the aim of temporarily solving his existential question". He also indicated that it is very important for him to know when he can return to work for the creditor, so as not to prolong the short-term work engagements, which are necessary for him.

It is appreciated that the single judge gave valid reasons in the explanation of the challenged decision, that he correctly concluded that the conditions had been met to determine the execution in question, that according to everything, "Čistoća" is obliged to return Hota to work, "on indefinite working hours and assignments to jobs and work tasks that correspond to his professional training and working abilities".

The panel of judges concluded that the statements of "Čistoće" that the procedure for returning Hot to work had been started and that it takes time for that procedure to be completed had no influence on a different decision.

"Primarily for the reason that the executive debtor is obliged to act according to the legally binding and enforceable judgment in the case - to return the employee to work within the time limit, and not to initiate the procedure of return to work. Also, even though the executive creditor is employed at another workplace, which he does not dispute, this does not exclude his right to return to work for the executive debtor, as well as the obligation of the executive debtor to return him to work according to the relevant final and enforceable judgment. , and in terms of the previously cited legal provisions", it is written in the decision of the Basic Court of March 29, which rejected the objection of "Cistoća".

The basic court in Podgorica issued a final verdict in March 2021. On the same day, as "Vijesti" reported at the time, Hot went to work, but was turned away from the gate. He experienced the same thing a few days later, after he received a work contract from "Čistoća", in the then already exceeded deadline for voluntary execution of the verdict. In the meantime, he was offered an annex to the contract and, at his request, he was supposed to come to work on May 11, which he did. However, on the same day, he was served with a notice that there was no further need for his work engagement. The employer reassigned him to a position for which the systematization foresees one employee, and that position was already filled.

The verdict of the Basic Court was also confirmed by the Higher Court in Podgorica. The executive director of "Čistoća" is Andrija Čađenović (DPS).