The strike of educators was illegal, according to the verdict of the Podgorica Basic Court.
"The claim is accepted, and it is determined that the branch strike of the Union of Education of Montenegro, organized on the basis of the Decision on starting a branch strike number 62/1 of 22 January 1, is illegal," reads the decision signed by judge Milica Radović.
On February 19, educators went on a three-day strike, after which they reached an agreement with the Government of Montenegro. However, the Government has not given up on the dispute to prove the illegality of the strike it launched during the suspension of classes.
The President of the Education Union, Radomir Božović, told "Vijesta" that he was not aware of the court's verdict.
"If so, let's move on, we will appeal that verdict to the High Court," said Božović.
The basic court has officially announced itself.
"The first-instance verdict of the Basic Court in Podgorica established the illegality of the branch strike of the Education Union of Montenegro, which was organized on the basis of the Decision on entering into a branch strike due to the payment of wages for all employees in education, starting from 01.01.2024, in accordance with the coefficients of complexity of jobs prescribed The branch collective agreement for the field of education and payment of the full amount of wages to all employees who go on a branch strike for the duration of the strike," the announcement states.
They say that on April 17, the Basic Court issued a verdict that established that the interruption of the work of educators at the branch level was not organized in accordance with the provisions of the Act on Strikes, which makes it illegal.
"In the explanation of the verdict, it is stated that during the procedure, it was found that the Decision on starting a branch strike contains a determination regarding the type of strike, the demands of the participants in the strike, the date of the start of the strike, a description of the location of the strike and the composition of the strike committee, with the fact that the manner in which the branch strike will be conducted as determined by the Act on the Minimum Work Process, which is an integral part of this Decision. in the event of the occurrence of circumstances that would result in the organization of a strike in the public education sector, and in the material and legal sense, it is the basis for making a legal decision to enter into a branch strike, while the authority to negotiate and reach an agreement in that direction rests with the competent body of the state administration, the representative association employers and a representative trade union, i.e. the Arbitration Council of the Agency for Peaceful Settlement of Labor Disputes. When the above is brought into connection with the fact that the Act on the Minimum Work Process was adopted unilaterally by the defendant, the conclusion is reached that it was adopted in a manner that is not in accordance with the provisions of Article 23 of the Law on Strikes, which makes it illegal. ", the court adds.
"According to the judgment of the court, the Strike Committee of the Education Union of Montenegro, passing the Act on the minimum work process during the branch strike in the field of education, did not comply with the provisions of the Regulation on the minimum work process and the method of securing it in public education institutions, which was in force at the time of the adoption of the Decision of 22.01.2024 and the Act on the minimum work process from 07.02.2024, as an integral part of the above-mentioned Decision. The parties have the right to appeal to the High Court in Podgorica within 15 days from the date of receipt of the written dispatch of the verdict. in the announcement.
Bonus video:
