The Basic State Prosecutor's Office (ODT) in Podgorica has filed a case against the director of "Zelenil" Nemanja Gajovic after a report by some employees of that company that he abused his official position by illegally granting one employee salary bonuses of 15 to 20 percent every month over the past year.
"The acting state prosecutor is taking all measures and actions prescribed by law in order to clarify the decisive facts. The case is in the investigation process," it is stated in the responses provided to "Vijesti" by the ODT.
The city's "Zelenil" rejects these claims by some workers, emphasizing that no employee was in a privileged position "nor did they have a guaranteed right to stimulation in advance."
They also say that every decision was made based on a performance assessment, and they point out that they were not aware that the Podgorica ODT had filed a case against Gajović.
"Also, there were no calls or conversations with representatives of the competent prosecutor's office regarding this case. 'Zelenilo' is fully available to all competent institutions and we are ready, if necessary, to provide all documentation and information related to the above issues. We absolutely stand behind the fact that the executive director's actions on this issue did not violate the law, and especially not actions that would contain elements of criminal liability," the city company said, adding that "they believe that this is a continuation of pressure on the executive director of 'Zelenilo'."
CRIMINAL CHARGES
Some of the employees at "Zelenil" filed a criminal complaint against Gajović at the beginning of July on suspicion that he exceeded his authority and "intentionally, aware of his actions and their illegality, made decisions that increased the earnings of employees at that company."
"Although he was aware that there was no legal basis, internal act, or Rules on Remuneration within the company for making such decisions and paying out funds, in this way he obtained an unlawful material benefit for the employee in the total amount of several thousand euros, and caused direct material damage to the company 'Zelenilo' and the founder's budget... In the past 12 months, the reported Nemanja Gajović, abusing the director's discretion, made individual decisions every month on awarding a bonus in a fixed percentage of 20 percent of the employee's salary, which covers the position of company secretary," it is written in the criminal complaint that "Vijesti" had access to.
They also claim that, based on a request for free access to information, the management of "Zelenila" confirmed to them in writing that "there is no regulation or general act within the company that regulates, justifies or sets criteria for awarding such bonuses."
"Zelenil" told "Vijesti" that the information that the employee "automatically had a guaranteed monthly incentive" is not correct.
Each individual salary bonus, they said, was approved solely on the basis of a reasoned proposal from their immediate supervisor. They added that they had also awarded bonuses to other employees at the company in the past 12 months:
"The largest number of incentives related to employees working in the field, especially in the construction of new parks, children's playgrounds and maintenance of green areas. In this way, the current management has made a clear departure from previous practice, directing incentives primarily to employees who perform the most demanding physical work and make a direct contribution to the improvement of public green areas in the Capital City."
According to them, "since the current management took office, the incentive allocation policy has completely changed."
"We would like to point out that unlike previous practice, when incentives were predominantly directed towards the administrative part of the company, today they are mostly awarded to employees in the field, who perform the most demanding physical work and have the lowest salaries. The engagement of employees in the construction of new parks, children's playgrounds and other green areas, as well as their maintenance, is particularly valued, with the aim of rewarding efficiency, responsibility and quality of work. We believe that this approach is fairer and fully focused on protecting the interests of employees who bear the brunt of everyday work, but also on achieving the public interest through better maintenance and development of green areas in the capital city," said Podgorica's "Zelenil".
EMPLOYEES WARNED
Dragan Mrdak, who introduced himself as a whistleblower from "Zelenil" during two-day consultations with citizens in the Capital City Assembly, warned about the situation in that company.
In mid-July, he made a series of allegations against Gajević and added that the manager of "Zelenil" had hired two law firms and "on top of that, they have a legal department with several lawyers in the company."
"I would add that there is a large-scale party recruitment process underway at 'Zelenil' - in administration and in management positions. And they are bringing in unskilled personnel such as advisors, who I pointed out were illegally employed, and through the media. The new head of mechanization comes to us from the catering industry... The company doesn't even have a logistician, and I've been a mechanic for 40 years. He tried to delete my position from the systematization," Mrdak claimed at the time.
Gajović was elected acting director of "Zelenil" at the beginning of June last year.
"Vijesti" wrote in April that the local "Zelenilo" ended last year with a profit of 472.636 euros. According to them, after preparing the final accounts, "it could be concluded that it was the best business year in the history of that company"...
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