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20.6.2017

The Ombudsperson published the Report concerning non-enforcement of the work contract and of the final decision in administrative proceeding

The Ombudsperson’s Report with Recommendations has been delivered to the responsible authorities concerning non-enforcement of the work contact and of the final decision in the administrative proceedings by the Municipal Directorate of Education in Shtime, which has been yesterday forwarded to the Municipality of Shtime, with the intention to draw attention concerning the need to undertake respective actions on implementation of the law.

In this Report, which is based on individual complaint, the Ombudsperson found out that the complainant exhausted administrative legal remedies but despite ascertainment of violations by the Sector of Inspection of Education she still cannot reset in place her right to enforce her work contract due to non-enforcement of the final decision in administrative procedure by MDE in Shtime.

The Ombudsperson reiterates in this Report that it is constitutional liability of the state that complainants are guaranteed with effective legal remedies which was not the case in the current issue, opposite with legal provisions and the Constitution as well as violating in this occasion equality before the law and the guaranteed right on labor. On the other hand the Ombudsperson finds that the municipal authorities have failed on enforcement of the final decision in administrative procedure by violating in this occasion legal security and rule of law.

The Ombudsperson has recommended to the Municipality of Shtime to apply without further delays the indefinite work contact No.05/308, of the date 26.01.2016, according to which Mrs. Salihaj is a teacher of the subject of Physics with 20 teaching hours per week as well as to reset teacher’s gained right according to the final decision in the administrative procedure of the Secretary General of the Ministry of Education, Science and Technology, No.2-1086, of the date 24.02.2017.

Full form of this Report with Recommendations has been delivered yesterday to responsible authorities and the same was disseminated to media and is published on OI official web page in the following link: http://www.ombudspersonkosovo.org/repository/docs/948-2017,_Raport_me_rekomandime_kund%C3%ABr_Komun%C3%ABs_s%C3%AB_Shtimes_146585.pd
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Phone: 
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Adress:
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