Industrijski sindikat Srbije

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A LETTER TO ‘’DMB’’ MANAGEMENT
WELL-INTENTIONED WARNING

Belgrade, October 27, 2006

‘’The social program, financed by the Republic of Serbia, which should be applied in deciding on the redundancies in ‘’DMB’’ Automotori (Car Motors), must have, in essence, the observance of the enactments and rules being applied in the ‘’Program of deciding on the redundancies’’, it is said in the letter of Dragan Matic, President of MWBU “Nezavisnost”, directed to Mr. Bogomir Vucetic, director of ‘’DMB’’ – Fabrika automotora (Car Motors Factory), and to Mr. Dejan Cvetkovic, director of “DMB” – Auto kuca (Car Company).

The following has been stated in the letter to Bogomir Vucetic, director of DMB – Fabrika automotora, and to Dejan Cvetkovic, director of DMB – Auto kuca, among other things:
‘’Dear Sir/Madam,
’The social program, financed by the Republic of Serbia, which should be applied in deciding on the redundancies in ‘’DMB’’ Automotori (Car Motors), must have, in essence, the observance of the enactments and rules being applied in the ‘’Program of deciding on the redundancies’’, have to be forwarded to the Ministry of Labor, Employment and Social Policy, i.e. to the Working group for considering and evaluating the social program documents. The working group is obliged to review the filed documents, appraise legal grounds and grant financial resources for the social program.

In the working group, composed on tripartite level, besides the representatives of the State and Employers, there are representatives of the representative Unions at the level of the Republic of Serbia and the representative of UBU ‘’Nezavisnost’’. The decisions are, in most cases, made by consensus. It is my intention to show and point out, to the working group, the way you applied the criterion for determining the redundancies and how you succeeded in putting colleague Milica Trifunovic, vice-president of the Women’s Section of MWBU ‘’Nezavisnost’’, on the list of redundancies, who is in charge of Belgrade Region, of Automotori ‘’Nezavisnost’’ Union, not taking into consideration the legal solutions on the protection of union representatives during and after their term of office in the union.

It is stated in the Labor Law, in Article 188: ‘’An Employer can neither terminate a Labor Contract nor in any other way put in a disadvantageous position a representative of employees during discharge of duty and one year after termination of duty, if a representative of employees acts in compliance with the law, general enactments and Labor Contract, as follows:
1) A member of Employees’ Council and employees’ representative in the Employer’s Managing Board and Auditing Committee;
2) Union President with the Employer;
3) Appointed or elected union representative.

If employees’ representative of paragraph 1.of this Article does not proceed in accordance with the law, general enactments and Labor Contract, the Employer may terminate his Labor Contract.

The union representatives, who are protected in the sense of paragraph 1, item 3.of this Article, are established by Collective Agreement, namely, Union’s agreement with the Employer, depending on the number of Union members with the Employer.

The Employer may, with the Ministry’s consent, terminate the employee representative’s Labor Contract of paragraph 1.of this Article, if he refuses the offered job pursuant to Article 171, para.1, item 4. of this law.

Please reconsider reaching of the decision and proceed in compliance with the provisions of the Labor Law. Not considering this request, you call in question the program verification and granting financial funds. Deciding on surplus manpower is a basis for raising interest of potential buyers of DMB Automotori. Believing that you understand the well-intention of this letter, I greet you as a colleague and wish you success’’.
Best regards,
Dragan Matic, President of MWBU ‘’Nezavisnost’’

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