Unions threatened strike, responses to the ombudsman: You're threatening public order.

Through a media communique, the ombudsman has indicated that he is addressing complaints filed by various subjects of the public sector.

According to this institution, the warnings and declarations of unions that “The People's Avokat” do not dare to submit the Law to Constitutional Salaries, threaten public order.

Similarly, the ombudsman through the communiqué has clarified that 30 complaints have been accepted so far regarding the Law of Salaries.

Full Posting:

The ombudsman is currently addressing complaints filed by various subjects of the public sector concerning Law No. 06/ L-111 for Salaries in the Public Sector, which will take effect on December 1, 2019. The amendments primarily concern the constitutionality of the law in the sense of sharing powers and equality before the law, under the assumption that the law has failed to achieve the goal promoted in the case of its adoption: <x0); equal-wage for equal work. ”

Early this week, the Ombudsman, at their request, met with the Education Union, the Health Union and the Police Trade Union, concerning the Law on Salaries in the Public Sector. These unions have expressed concern over the possibility of sending this law to the Constitutional Court by the Ombudsman. Furthermore, these unions, across the media, have indicated that this law should not be sent to the Constitutional Court, threatening even to “kolaps of the state”.

The ombudsman, in accordance with Article 113, paragraph 2T1 of the Constitution of the Republic of Kosovo, is the party authorised to raise, among other things, the issue of law compliance with the Constitution. Furthermore, the ombudsman points out that, according to Article 113, paragraph 2, of the Constitution:

The ombudsman's <x0th package is independent of the exercise of office and does not accept instructions and interference from organs, neither from institutions nor from other authorities, which exercise power in the Republic of Kosovo. ”

Furthermore, the Ombudsman considers that statements of the Health Union, the Education Union and the Police Union do not dare send the Ombudsman to the Constitutional Court, as well as threats to the state's <x0paps” pose a threat to public order and a threat to the ombudsman, which could constitute the criminal act sanctioneded by the Penal Code No.06/07/4 of the Republic of Kosovo, Article 401 [Religion of the official person in official duty and 205] [Profession of law enforcement rights].

The ombudsman has so far received 30 complaints concerning the Law on Salaries in the Public Sector, including complaints by employees in health, education and police. Except in cases where the ombudsman accepts complaints from persons of physics and law, the ombudsman, in accordance with the Law for the ombuds of the People's Lawyers (annit 16, par. 4) has the competence to make investigations whether to respond to a written complaint or at its own initiative (ex officio), whether the findings, evidence, and facts presented in advance, or otherwise acquired knowledge, there is the basis for violating the rights and freedoms of the man defined with constitutions, with other laws and acts, and with international human rights instruments.

The ombudsman recalls that, during the exercise of his mandate, he does not accept instructions and interference from organs, not from institutions or other authorities, including the aforementioned unions. Any intervention, direction or threat in this direction, the ombudsman will consider obstructing his official work.