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11.10.2016

Ombudsperson’s Report with Recommendations regarding violation of the rights deriving from employment relationship

The Ombudsperson has published Report with Recommendations regarding violation of the rights deriving from employment relationship, which has been already delivered to the responsible parties.


The case has been initiated on the bases of the complaint lodged by the complainant against the Mayor of Gjakova Municipality and the Main Family Medicine Centre (MFMC) in Gjakova regarding the failure to enforce plenipotentiary decisions of the Independent Oversight Board of the Kosovo Civil Service (IOBKCS), and plenipotentiary decisions of Executive Body of the Labour Inspectorate (EBLI), regarding the return of the party to the previous work position.


In his Report the Ombudsperson ascertains that of great disturbance is the fact of neglect of final administrative decisions and the failure to undertake any procedural action for their implementation, elimination of violations caused or negotiation of the issue with the complainant to compensate the damaged party. In these circumstances, the complainant has been forced to address to the competent court for the enforcement procedure as a result of the failure of the responsible bodies to undertake effective measures relating to the positive obligations.


The Ombudsperson also observes that the Basic Court (BC) in Gjakova did not treat the complainant’s suit as a case with priority as well as did not act according to Legal Opinion of the Supreme Court of Republic of Kosovo, regarding objections presented against enforcement orders, issued by enforcement bodies, within 15 days, after the receipt of the same.


The Ombudsperson also draws attention to the constitutional and legal responsibility that institutions and authorities of the country have to respond to Ombudsperson’s requests and to provide him with the documents and information required. In the given case, non- cooperation of Main Family Medicine Centre (MFMC) and the Directory of Health and Social Welfare (DHSW), was overcome after the meeting that OI representatives had with the Mayor of given Municipality.


Based on all evidences presented and facts gathered, Ombudsperson finds, that in the given case, violation of Human Rights and Fundamental Freedoms has occurred and that has been acted in contradiction with the Constitution, European Convention, Law on Labour and other relevant legal acts. On the other hand, the Ombudsperson through the Report on this case has delivered to the Main Family Medicine Centre in Gjakova and the Mayor of Gjakova Municipality the recommendation, that in conformity with legal powers and authority granted, to undertake all actions indispensable that such cases of neglect of administrative decisions of EBLI and IOBKCS are not repeated in the future and build necessary capacities and establish the Commission for Complaints and Submissions within MFMC.


The Minister of Ministry of Labour and Social Welfare has been recommended that in compliance with legal powers and authorities, within the scope of the cooperation with Kosovo Police, to report eventual cases of violation of human rights in terms of employment relationship, which according to the Criminal Code are qualified as criminal offenses. Also has been recommended dissemination of a written instruction for all regional offices of Labour Inspectors, including Executive Body of Labour Inspectors (EBLI) which are bound to follow up the implementation of their decisions, and apply the penalty part in conformity with law, when they find violation of rights in terms of employment relationship.


While, to the President Judge of Basic Court in Gjakova, in the given Report, the Ombudsperson recommends that in conformity with legal powers and authority act swiftly in the cases of disputes in terms of employment relationship, in conformity with Article 475 of Law on Enforcement Procedure, whereas in enforcement procedure of decisions of EBLI and IOBKCS according to objection, the court should act  within legal deadlines in conformity with Legal Opinion of the Supreme Court of the Republic of Kosovo No. 223/2015 dated 14 July 2015.


Full Report with Recommendations is available for the public on OI official web page as well as has been distributed to media.

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