Press statement | 22.11.2019

Violation of the right to work while conducting a public announcement for the admission of teachers at the Mixed Secondary School "Gornji Vakuf" from Gornji Vakuf-Uskoplje

Ombudsmen of Bosnia and Herzegovina on 29.08.2019. received a complaint from N.N. from Gornji Vakuf-Uskoplje. The complainant identified the mixed secondary school "Gornji Vakuf" from Gornji Vakuf-Uskoplje as the responsible party.

The complaint was registered under number: Ž-LI-04-231/19 and considered under the Law on Human Rights Ombudsman of Bosnia and Herzegovina

The complainant states that he is dissatisfied with the implementation of the Public Announcement for the Admission of Teachers to Employment in the Mixed Secondary School "Gornji Vakuf" from Gornji Vakuf-Uskoplje No: 431/19 of 14.08.2019, to position No.4. Professor of Physical and Health Education, 1 executive-16 hours per week, indefinitely. Attached to the appeal was the Notice on the results of Public Announcement No: 509-9 / 2019 dated 27.08.2019, informing him that on 27.08.2019 the Decision was made to appoint a Professor under the title No. 4. Physical and Health Professor two candidates receive education, one at 11 hours a week and the other at 5 hours a week.

The complainant alleges that he fulfilled all the required conditions, that he was an unemployed person, and that, with the documentation submitted for the public announcement, he submitted a certificate that he was a demobilized veteran, and considered that, in accordance with the provisions of the Law on Demobilized Veterans and Members of their Families in FBiH, takes precedence in hiring. He also states that for the past 15 years he has been working occasionally, for a fixed period, with both admitted candidates working, and that with such admission they only supplement the norm. The complaint states that the responsible party failed to comply with the Recommendation of the SBK Ministry of Education, Science, Culture and Sports of 06.08.2019, which recommends that employers (primary and secondary schools) adopt the Decree on the Employment Procedure in the SBK, and relating to the admission of workers, comply with Article 12. Criteria and procedure for admission of workers, reduction of standard and proclamation of technological redundancy in primary and secondary schools ("Official Gazette of SBK"; No: 9/18). The complainant also points out that he achieved 13 points on the written part, the same as the first-ranked candidate, but on the oral part he scored 9 points, unlike the first-ranked candidate who received 15 points. He believes that he has been damaged in this way and that the interview cannot be decisive for making the final decision on admission, especially since this part is formal. The attached documentation shows that the Board of Directors of the School rejected his appeal against the Decision on Admission of Candidates for Employment No. 508-6/19 as unfounded.

During the investigation procedure, the Ombudsmen of Bosnia and Herzegovina addressed the responsible party, after which they received a Statement of 20.09.2019 stating, inter alia, that the admitted candidate was an employee of the said School for 10 hours a week for an indefinite period of time, and supplemented the standard with 11 hours a week. The remaining 5 hours required by the Public Announcement were allocated to the second-ranked candidate. It is also stated that, in relation to the certificates, all three candidates submitted the certificates and these were taken into consideration. The Ombudsmen of Bosnia and Herzegovina, after completing the research process, came to the conclusion that the first-ranked candidate was permanently employed in two schools at the time of the announcement of the public announcement, so it was felt that this person could not be treated as a person with special privileges. regulations.

Therefore, the Ombudsmen for Human Rights of Bosnia and Herzegovina on 25.10.2019. issued Recommendation No. P-216/19, ordering the Mixed Secondary School "Gornji Vakuf" from Gornji Vakuf-Uskoplje to:

1. To annul immediately upon receipt of this recommendation the Decision on Admission to Employment for an indefinite period of time No: 508-6 / 19 of 24.09.2019. , made by the Principal of Gornji Vakuf Mixed Secondary School in Gornji Vakuf-Uskoplje

2. That the admission procedure for the subject Public Announcement is repeated, to position no. 4. Professor of Physical and Health Education, 1 executor-16 hours per week, indefinitely, in a way to eliminate any identified irregularities.

3. Within 15 (fifteen) days, from the day of receipt of this Recommendation, inform the Ombudsmen of Bosnia and Herzegovina on the manner of implementation of this Recommendation.

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