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19-Apr-2024
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SMCG: The rules adopted by the RTCG Council are contrary to the law, members should contact us for free representation before the employer

AUTHOR: M.J.
The new rules adopted by the Council of the RTCG are contrary to the Constitution, the Labor Law, the General Collective Agreement and the Collective Agreement of the RTCG and must not be applied, and referring to such a Code of Ethics no one must be subject to disciplinary action or be fired, announced the Union of the Media of Montenegro Up (SMCG).
For this reason, as they say, they encourage all members and members to contact them for free representation before the employer and before the courts, if such proceedings do occur.
SMCG invited all members of the RTCG Employees' Union to contact them if the management of the Public Radio and Television Service of Montenegro initiates any proceedings against them, referring to the newly adopted Code of Ethics.
Aware of the fact that rights are difficult, almost impossible, to acquire, difficult to maintain, and are lost by raising the hands of members of the RTCG Council, we are determined to fight for all those who are victims of persecution by an (illegal) employer. The provisions of the Code of Ethics concerning the mandatory consent of the employer for additional work go beyond the competence of this type of document and represent a direct impact on something that is the subject of labor legislation. An additional problem is that within the framework of Article 14, which defines the conflict of interest, the employer is allowed to decide himself to whom he will give consent for an additional work engagement - they state in the statement.
It is added that the same can be said for calling for disciplinary responsibility in any case because, as they say, it is incomprehensible that with one document that regulates ethics, an employee can be punished with the most drastic measure - termination of the employment contract.
It is known that disciplinary responsibility is regulated by other documents, so it is incomprehensible that this Code managed to pass any filter of lawyers. Preventing the public activity of employees and endangering their freedom of speech as well as their critical attitude towards the happenings in the society of which they are an integral part as citizens is also problematic. It is unnecessary to comment that proving the value position is the subject of proceedings before the Ethics Committee and the employer, which in this case are given jurisdiction. court - statements from SMCG.
From that union, they assessed that the document is full of general formulations such as going public that is "inappropriate" for the job the employee performs, jeopardizing RTCG's social reputation, jeopardizing RTCG's business... which can be applied to almost any situation.
To all this should be added the authority given to the employer to monitor the activities of employees on social networks and, in accordance with the assessment, punish them for it. Bearing all this in mind, we are sure that if the employer decides to apply this document, it will encounter a similar response from the judicial authorities as in earlier labor disputes, and that its only outcome will be compensation for damages to employees - conclude from SMCG.

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