The Agency for Prevention of Corruption, with a view to a proactive approach in the detection of cases of endangering the public interest, and in accordance with the legal authorizations, on the basis of their own knowledge initiates the proceedings for determining the existence of endangering the public interest which indicates possible corruption.
Accordingly, the Agency initiated ex officio, in order to establish the facts, ten proceedings relating to the suspicion of endangering the public interest concerning the advertising of job vacancies during the weekend for 1 (one) day and during a national holiday, and which were published on 20 May.
The proceedings refer to public enterprises, public institutions and legal entities whose majority owner or founder is the state or municipality. These are: PE Mediteran Reklame – Budva, Ecotoxicological Examination Centre Podgorica, PI Center for Culture Tivat, Agency for Construction and Development Herceg Novi, Institute Simo Milošević – Igalo, PHI Health Care Center Cetinje, Parking Service Budva, Water Supply and Sewerage PE Tivat, Radio - Broadcasting Center Ltd and PE Supply and Sewerage Bar.
Regarding entities in respect of which the proceedings are conducted, the Agency shall, ex officio, request the statement on the reasons for advertising vacancies at weekends and national holidays in the time specified, statement on eventual application of candidates and their number, as well as complete documentation relating to those procedures of filling the vacancies and employment.
The Agency has recognized that imprecision and vagueness of the legal norms of general labor regulations pertaining to the procedure of employment in the public sector open up the possibility of endangering the public interest, the integrity, equality and transparency in recruitment procedures and possible abuse. In respect of this issue, the Agency has already submitted to the competent ministry the Opinion on the provisions of the Labor Law and the Law on Employment and Exercising Rights to Unemployment Insurance, relating to the procedure of employment, and that it adopted, ex officio, in April this year.
In the subject opinion, the Agency has concluded that due to legal non-defining of the duration of the ad, there may be discrimination of candidates by limiting access to the labor market, and encouragement of unequal positions of the candidates on the labor market, which can lead to abuse of law and possible corruption.
Accordingly, in order to protect the public interest, the Agency has sent to the relevant Ministry of Labor and Social Welfare, recommendations to amend the Labor Law and the Law on Employment and Exercising Rights on Unemployment Insurance in the area of employment in the public sector so that the mentioned risks would be eliminated.
The Agency will inform the public on the outcome of the above methods in due time.