Another fine added to Telekom after Burbuke Hannah violated the labour law

The newspaper Inseder has secured the decision of the Labour Inspectorate, taken in February of this year, which condemns Telekom with a thousand euros in fines.

The sentence reportedly did not offer indefinitely contract to Sadri Hykosman, the employees of Telekom, who had worked for more than 10 years there, reports Insander.

“After reviewing the complaint by the complaining side, Sadri Hykosman, with prot.796/24, dated 15.08.2023, and review of the relevant document presented by Kosovo Telekom S.A, it was concluded that employee Sadri Hykosman has been working with his employer since 2010, even though he has held over ten (10) years of contract commitments at the appointed time, the same has not been equipped with a long-term job contract, the agreement has been made with these irregularities.:

The employer is responsible for violating the provision of Article 10 paragraph 5 of Law No. 03 L- 212 of labour, which has determined that: “contrata for a specific period that is clearly or self-aware of a period of employment longer than ten (10) years, is considered a contract for an indefinite period of time“”, set in decision.

The Labour Inspectorate suggests that despite the remarks through the official report, Kosovo's Telekom has not made a decision to change the situation that has been outlined in it.

The Labour Inspectorate as overseer of the Labour Law has consistently fined Kosovo Telecom.

The public company has violated an administrative directive that is necessary to apply to public enterprises as well. Through the avoidance of this administrative instruction, Chief Executive Chief Burbuke Hannah selected her favorite people in contests.

This was manifested by the departure of the writing test, the restriction of the timetable for complaints, and its involvement in evaluation commissions.

From Kosovo Telekom, there have been serious words for the Labour Inspectorate. The main finance and Treasury official in Telekom, Feim Kelmendi, who has openly distributed support for VVė, has named it “Illegal finers” The institution at which Iron Nikci, appointed by the Kurti Government, is standing illegal.

“We confirm that the Labour Inspectorate has imposed several administrative fines on Kosovo Telecom. We considered these fines illegal and beyond the competencies of the Inspectorate the same ones we've met in court. The Labour Inspectorate has actually been completely off-lined competencies they belong to and turned into Illegal finers towards Kosovo Telekom, constantly hinting Illegal fines To Kosovo Telecom. The reasons for these can surely be known only to them”, proclaimed Kelmendi in a written answer to Inseder.

“Kosovo Telecom as public enterprise is not obliged to implement the WA No. 07/2017, the Kosovo Telecom process of recruiting and public and domestic competitions is regulated by internal regulations, regulations which are approved by the Board of Directors. This regulation is in full harmony with the Labour Law, which Kosovo Telecom is obliged to implement. Each of the internal or external competitions that has been held by Kosovo Telecom has been held in full harmony with internal regulation”.

However, Macedonian Court Judge Vlora Pacolli, sister of the Vetvendosje Movement MP Victory Pacolli, has on two separate occasions made a decision giving Kosovo Telecom rights in their complaints about fines the Labour Inspectorate has pronounced for violating the rights of public company employees.

The newspaper Insander had reported on two decisions of different time periods that puzzled the legality of the Labour Inspectorate. These two decisions, issued by Judge Vlora Pacolli, who is also the sister of Victory MP Pacolli, and “, the nickname from the Telekom management, said of the Labour Inspectorate: Illegal accountant.

In a decision issued on November 28th this year, Pacolli has approved Kosovo Telecom's all-out complaint about a fine of three thousand euros, which has been confirmed by two steps of the Labour Inspectorate.

“The court estimates that the Labour Inspectorate has exceeded the limits of competence, which by particular law are defined at another institution, in this case, the court, and with the verdict issued, it has acted contrary to Article 5 money. 5 of the Labour Inspectorate Law, par. Six and seven of the UA counter number seven/2012 and Article 70 pars. 1.4 and 1.6 of the Labour Law, so the court based on Article 35 of the LKA, found that the administrative act issued by the administrative body in opposition to the principle of legalisation specified in the LPPA, Article 4, public organs act in accordance with the Constitution, legislation in force, as well as with general administrative regulations implemented within their competencies and in line with the purpose for which these competencies are provided.”, said among other things in the ruling.

In the overall complaint of Kosovo's Telekom company, it is said the inspector who had pronounced this fine was wrongly referred to the Labour Law, while claiming that the Labour Inspectorate has no competence to address and decide on issues of labour disputes.

“And in a concrete case, Labour Inspector Fatmir Halili has not been authorized to address the complaint of the complainer... considers that the aforementioned inspector has overstepped his powers that were defined by the law and, as a result, the complaining decision considers him unfair and illegal because the inspector has pronounced fines by relying on and incorrectly referring to Article 92.1 of the Labour Law No. 03L-212 because in concrete case with the provisions of Article 92.4, except that he has no authority to deal with and decide on cases of work, none of fines pronounced by the alleged violations of the indictment are not defined as fines in the J.2012.“, said among other things in the ruling.

As did Pacolli's sister on another occasion. It in an act this year endorses the overall Kosovo Telecom complaint of a Kosovo Inspectorate fine for violating workers' rights and postponing her execution.