Eight candidates for general director of RTCG submitted a complaint to the Ministry regarding the decision of the Labor Inspectorate

AUTHOR: M.J. GDNUS
Eight candidates for the general director of RTCG submitted a complaint to the Ministry regarding the decision of the Labor Inspectorate.
We are transmitting their announcement in its entirety
We, the undersigned candidates, once again want to point out numerous irregularities in the work of the RTCG Public Service, which include the reporting activities of the RTCG and TVCG portals, where our media is being misused for private purposes, that is, for the purpose of the survival of the irregular general director of RTCG. His close associate also joined the campaign, and we are witnessing that the management, among other things, declares that it "promptly responds to requests for free access to information".
Well, let's remind them that we submitted a request to the RTCG for free access to information on September 3, but there is no answer even after more than two months. There are more details, but more on that later.
For the sake of truth, we are submitting to the Montenegrin public the text of the Complaint sent to the address of the Ministry of Labour, Employment and Social Dialogue, regarding the conclusions of the Labor Inspectorate. We are submitting the letter in its entirety, which states:
"The initiative for inspection supervision and evaluation of the legality of the procedure for appointing the general director, which was completed on August 31, 2024 at the session of the RTCG Council, was submitted to the Directorate for Inspection Affairs on two occasions.
The conclusion, that is, the statement of the notification in question, is that the competences of the labor inspection begin on the day the employment contract is concluded and end on the day the employment contract is terminated.
Such an interpretation completely renders the existence of the Labor Inspection meaningless, which, like all other inspection bodies, works according to the principles of prevention, protection of public interest and truth.
We also remind you that,, the subject of supervision is obliged to enable the inspector to carry out inspection supervision unhindered, to give notices and submit documents for inspection, that is, the data required for supervision, (Article 21 of the Law on Inspection Supervision).
Already on the second page of the Notice, it is stated that only the table of systematization of jobs was submitted, which more closely defines the jobs and the conditions provided for the RTCG jobs - given as registered under business number 04-4918/1 on 09.14. 2017, with the signature of the then president of the RTCG Council, Vladimir Pavićević.
Since then, at least 20 systematization changes have been made with at least 800 interventions on job descriptions, so that document absolutely does not represent relevant information on the basis of which conclusions can be drawn. The question is why the revised Systematization Table, which was promoted under point 6 at the 37th Regular Session of the RTCG Council on April 15, 2024, held via the ZOOM application, is hidden from the Labor Inspection (it was not submitted). That "refined" Table does not correspond at all with the Table from 2017 and has at least 50 more executors. As for the conditions for the general director, it did not have to change because the Council headed by Drljević, in about 800 systematization changes from June 17, 2021, NEVER included the imperative change from the Law on the National Public Broadcaster from August 2020, which stipulates that the general the director must have 10 years of work experience.
This kind of administrative gibberish was deliberately created so that the endless machinations could not be traced.
The Ministry must look at this appeal in the context of other appeals and decisions that were made regarding irregularities in the RTCG. It is particularly worrisome that, in the case of the situation defined as follows, two decisions of the High Court, which are legally binding, and which state that Raonic was illegally elected and appointed on two occasions, are absolutely neglected.
In addition, the Labor Inspection does not show consistency in the inspection supervision of RTCG.
Thus, we remind you, in the case of the first appointment, the Labor Inspectorate in August 2021 refused to carry out an assessment of the legality of the procedure for appointing the general director, justifying it by the independence of the RTCG Council members. The Administrative Court, confirmed by the second-instance body, also in 2021, by accepting the lawsuit of the Media Center, sent it back to the Ministry of Labor for consideration, and it was supposed to make a new decision by June 8, 2024. The deadline was missed. There was no waiting for the new legal conditions to be put in place.
Also, in the case of the third appointment, the Labor Inspectorate escapes responsibility by citing Article 35 in the part that states that:
"Proceedings can be initiated against the decision of the Council on the appointment of the general director before the competent court."
However, the same wording also applies to the election of directors of TVCG and RCG in Article 36:
Proceedings can be initiated before the competent court against the decision of the general director on the appointment of the director of Radio, the director of Television, that is, the director of the Internet publication.
We remind you that in the analogous case of the appointment of the director of TVCG, the Labor Inspectorate already issued a decision in July 2023, which, due to the conflict of interests, established by checking information with other institutions, declares the election of Marija Tomašević illegal for the director of TVCG. There is every chance that Marija Tomašević, nevertheless professionally - without intervention, waited and agreed for the Labor Inspectorate to ensure the proper implementation of the Law.
In the letter, i.e. In the initiative for the third appointment of Raonic, attention was drawn to the fact that an integral part of the material for the examination should also be the opinions of lawyers, which were requested by a special request from Drljevic and Amina Murić on August 20, 2024. That part of the material is not mentioned in the report.
The essence of the errors in the Notice of the Labor Inspection is that examination mechanisms are not used in order for the subjects of supervision (RTCG) to comply with laws, other regulations and general acts. In addition to not complying with the Law, it is also obvious that general acts and documentation are not given to the public or to the Labor Inspectorate.
Instead of that, the unsustainable thesis is put forward as information that with some work and actual work, Raonic managed to gain legal work experience during the duration of the Contract, which was created by illegal decisions of the RTCG Council. And which itself (Employment Agreement) is full of clauses that violate laws and internal acts.
The manner in which the notices of the Labor Inspectorate have been used in the last few days even indicate that a document was deliberately produced with claims (illogical, of course) that would derogate in public the Decision of the High Court, which the Inspectorate only casually mentions.
Therefore, either Raonic was appointed for the third time - and he was -, which is what is written in the penultimate paragraph of the fourth page of the notification, or if his mandate is disputed - which his (RTCG) lawyers do in the opinion defended at the session on August 29, 2024, with which there is still no record, nor data submitted to the Labor Inspection - then there is no mentioned 2 years, 11 months and 13 days signed by the head of the RTCG Legal Service, which is also The assistant to the Acting General Director, who is not a lawyer, also caused this chaos.
Consider that this address is not only a formal complaint, but also a sincere help to the institutions that have experienced a cycle of thoughts, actions, procedures and laws on the European road. In the end, it is not dishonorable to stumble, it is a shame to persist in stupidity and harm at the expense of the public interest.
Hoping that the processing of this initiative will not last 28 months, we ask for an urgent procedure.
Srdjan Covic,
Andrijan Kadija,
Časlav Vujotić,
Sabrija Vulić,
Slaven Knezović,
Vladimir Marash,
Snežana Burzan Vuksanović,
Žarko Božović