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05-Nov-2024
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Simovic-Zvicer: Law on Public Service changed under strange circumstances, nothing obliged Montenegro to do so

Source: Antena M / Author: M.J. GDNUS

Finding the inspection of the work-in-law enforced by RTCG reports, regarding the engagement of the Director General of Boris Raonić, is contrary to the first instance judiciary, according to which his appointment has changed in the meantime, changed in the meantime and Legally, she assessed a guest in a different radio connection to the labor law professor at the University of Montenegro Dr. Vesna Simović-Zvicer.

She emphasized that recent amendments to the law, the condition for performing the function of the Director General with the required 10 years of work experience reduced to five.

"They happened under strange circumstances and in a strange amendment to amend the Law on National Public Service related to employment experience in terms of work experience, so that condition with 10 decreased in five years of work experience," she specified.

Precisely because of the amendment of the law that occurred in the meantime Simović-Zvicer emphasizes that it is necessary to observe the judgments of the primary and higher court in Podgorica with what has established the inspector of the work.

"I would separate the treatment of work inspection, because the subject of inspection supervision was something else in relation to what are final judgments. There were several disputes on the occasion of the previous advertisement that Mr. Raonić and the court confirmed the Trial Judgment because he could not be elected the General Director at the earlier law for the reason that he did not fulfill the condition referring to work experience, "emphasized It removes that one part of the dispute also referred to the Raonić's membership in the Council of the Electronic Media Agency, which according to the Law on the National Public Broadcasting was an obstacle to performing the function of the Director of RTCG.

Simovic-Zvicer emphasized that in the treatment of labor inspection there is a completely new situation to which it came in a very strange way, with Montenegro that was not binding.

"My opinion is that it was not necessary to change this condition in general regarding work experience, because it is not a standard that binded Montenegro. It is something we did, and the European Commission said there was no interference and that we would work in accordance with our national circumstances, "our interviewee explained.

The apprentice earnings should not be disputable for lawyers

Looking forward to the problem of employee's wages in courts and state prosecutors who are dissatisfied with the outcome of the Ministry of Finance, at which no progress has been made to implement the Labor Law on Simović-Zvicer's internship It should be disputable for lawyers.

"In Montenegro, in 2010. the Law on Vocational Enabling Higher Schools was adopted. These are persons with high education acquired in the public and private sector program, and which the government pays the government. This is not trainees, although many often called them in jargon. Their fee is determined by this law and they have nothing to do with trainees and the Prosecutor's Office, because they are out of employment, and trainees in the judiciary and the Prosecution are working in accordance with the law that provides for procedures. Their right to earns is determined by part by the Law on Series in the Public Sector, which is Lex Specialis in relation to the Labor Law.

It explained that he was created because the Law on Salaries in the Public Sector writes that the applicants will be eligible in the amount of 60 percent of the earnings for that level of qualifications VII-1, however the Labor Law indicates that The minimum wage is determined in accordance with the general regulations on the work, and that is 800 euros in this case.

"I do not understand why the Ministry of Finance is a real problem and why we enter a large number of unnecessary disputes that will, unless a peaceful path, will again cost the budget of Montenegro underline the trainees to have a working relationship based on A basis that belongs to the minimum earnings of 800 euros.

Clearly what law is applied to a retirement of officials

Asked to comment on the practice of retiring judges, prosecutors and the members of the Senate of Sita, causes a strong criticism of the public part that it is necessary to refer to the Law on Pio, Simović-Zvicer stressed that this Speeches since the Amendment of the Law on Pio 2020 entered into effect.

"We had the decades back in the Law on Pio, which regulates the conditions for the exercise of the right to pension and in the Labor Law, which defines the terms of the termination of employment. For all this, this refers to the function ends when the function ends when they meet the conditions for the exercise of the right to a pension. They are not provided by the Labor Law, but the Law on Pio and he in this case, it is applied, "our interlocutor emphasized.

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