Dan O. Rados
REMOVAL OF DR. JOŽA DEŽMAN TO STOP THE INVESTIGATIONS OF TITO’S PARTISAN CRIMES
Following the decision of the Constitutional Court of Slovenia which temporarily stopped the current state administration in the process of cleansing the leadership RTV Slovenia in order to appoint their own directors and top administrators, the government of Slovenia is still facing problems caused by the minister of culture Asta Vrečko, (party of Left) in the latest decision to simply eliminate the museum of independence and recent history, a testimony to time of rejection of socialism, a time when basic freedoms –taken for granted in the western world- were eventually granted to the Slovenian citizenry.
The rejection of the dictatorship (in Slovenia) had eliminated “the right of the government” to dismiss and appoint people to position of leadership by its will without any accountability: nevertheless, this precisely is what is happening right now in Slovenia where the government officials are arbitrarily attempting to remove the director of the Museum of Independence of Slovenia dr. Ćeljko Oset and the director of the Museum of recent history dr.sc. Jože Dežman. Last week, dr. Dežman was prohibited, in writing, to enter the museum where he is a director. The government dictate prohibiting his entry to the museum results from the assumption that his mandate as a director has expired „as indicated by the law“. Such statement is simply not true.
The Parliament never produced a law which would have such a particular content pertaining directly to the director Dežman. All of the orders regarding early termination of employment pertaining to both the DSTV and dr. Dežman were initiated and prepared by the ministry of Asta Vrečko, but the process to execute such arbitrary decisions have been stopped so that the Constitutional court can evaluate what is the administration doing; are they perhaps breaking the constitutionally guaranteed principles of freedom of speech?
IN (the department of) CULTURE, THE EMPLOYEES HAVE UNION RIGHTS
It is comical, indeed, that on one hand dr. Dežman has been literally forbidden to return to his place of work, but at the same time, he is guaranteed his director’s salary….although “by law” he is not allowed to work as a director. As stipulated in the writ, since the reason for dr. Dežman to work as a director does not favor “the employer”, he, therefore, has a right to 100% of his usual salary until the conflicting issues are solved……
This artificially mounted process to remove dr. Dežman has been initiated and aggressively forced through the administrative system in order to stop his investigations and discoveries of mass graves committed by Tito’s partisans and communist executioners after the end of WWII.
Jože Dežman: ”I have been literally, deleted. I am receiving no museum notifications, I am not invited to attend any meetings, my right to be heard has been taken away from me……Due to illegal acceptance of systematization I submitted a complaint to the employee inspection department. I fear that the museum program for 2023 will be censored, particularly regarding our new discovery of execution of 3,450 people in the gully at the base of Macensova Gorica.“
THE ORDER OF NATAŠA ROBEŽNIK
Employer: The Museum of recent history of Slovenia, Celovska St. 23, ID 19322981000, represented by magister Nataša Robežnik (refered to as Employer), according to Law on employment relations ( refered to as ZDR-1), dated 22 March 2023, issues the following,
ORDER REGARDING ABSENCE FROM WORK
Employee, Dr. Jože Dežman, Sobčeva St. 23a, 4248 Lešće, born on 26.09.1955., is subject to an employment agreement to perform work as a director, ( ID 1/2021 ), from 01.02.2021 to end on 31.01.2026, specifically refering to a position of director of Museum of recent history of Slovenia (referred to as MNZS).
The government of the Republic of Slovenia made a resolution on 19 January 2023 to establish a public institute named „Museum of new and contemporary history of Slovenia”. The decision in question was published in the Official directory RS, page 7/2023, dated 20.0.2023. A decision was made on the subject to merge an existing public institution MNZS with another public institution „Museum of Slovenian independence“. As a result, the MNZS ceased to exist.
On the bases of the above statement, the mandate of director of MNZS ceased to exist according to law dated 13. February 2023. at the time when the MNZS was deleted from the register and, replaced by a new institution, namely, The Museum of new and contemporary history of Slovenia.
Therefore, in conclusion, the employee cannot perform tasks stipulated in the original Work agreement of 24.02.2021, namely, as a director of MZ. The employee has an agreement to employment from 01.02.2021 until 31.01.2026 as a director. However, since the deletion from the judicial register, dated 13.02.2023, the employer cannot assure the employee his employment on the bases of the original agreement simply because the employee cannot satisfy the terms of the original agreement, and, because, as noted , his employer, ceased to exist.
On the bases of the above, this means that the employer cannot guarantee the employee the work agreed upon on Employment agreement dated 24.02.2021. The employer also takes into consideration that the employee cannot fulfil any more the terms of the original agreement. Therefore, as the employer ceased to exist as such, the employer determines that the employee will not come to work as of 23.03.2023, since, as it was explained, the conditions for employments as agreed upon in the initial agreement, are not longer met.
Therefore, considering that the reason to perform work according to the agreement is not in favor of the employee, the employee has a right to claim the amount of 100% of his legal gross salary until his status has been finally resolved.
For Museum of new and contemporary history of Slovenia
v.d. director magistrate Nataša Robešnik
follows a signature and an official seal
The decision to the above mentioned changes was forwarded to Dr. Dežman by Nataša Robežnik, director of the public institution Museum of new and contemporary history of Slovenia; minister Vrečko appointed Nataša Robežnik to her new position in order to eliminate two, allegedly not loyal but exceptionally qualified professionals. However, the issue itself, becomes more complicated. In February, Dežman submitted a protest to the Regional Court in Ljubljana requesting a nullification of the entry of new museum into the judicial register, and furthemore a nulification of deletion of the two previously registered museum institutions. Due to this formal complaint, the establishment of the new museum
institution is not legally acceptable. Even when the court makes its decision,
complaints will be seen as legal unrestricted process viability..
Since the establishment of the new institution is not yet legal, it is not yet understood how the newly intended vd can at all conduct the business. The situation is becoming complicated even further. Since the manner in which the vd director has already conducted the business clearly conflicts with the statutes pertaining to rights of employer, as well as the pertinent obligations vis a vis established union rights, Dežman requested an urgent oversight into issues of inspection of employment due to specific conflicts with existing laws.
There is a strong possibility of oversight involvement as well, because pertinent inspection is subject to authority of employment minister Luka Mesec who is a declared president of Ljevica ( a left political party), a party which is initiating and executing a closure of two museums led by minister of Culture Asta Vrečko.
The entire text regarding the inspection oversight due to reduction of employee’s right to work is as follows:
Department of employment inspection
Štukljeva cesta 441000 Ljubljana
Ljubljana, 12 March, 2023
Subject: Urgent request for inspection oversight at the Museum of new and contemporary history, Celovška 23, Ljubljana and alleged violations of the rights of employees
By this notification, I am submitting a formal request to remove the inflicted violations of the rights of employees.. Follows a detailed clarification on the matter:
The Government of the Republic of Slovenia reached on 19 January a Resolution to establish a new institution, a Museum of newer and contemporary history of Slovenia ( referred to in this text as MuZXXI). This act, therefore, establishes that a formal entry about the new institution be entered into the register, consequently deleting from the register the existing Museum of newer history (referred to as MNZS), and a Museum of Slovenian Independence (further in text referred to as MSO). The employees of the MNZS, The Council of the MNZS, the experts (the deposition of dr. Verena Vidrih Perko and dr. Marko Štepac signed by 176 individuals), The Association for values of Slovenian independence and other public individuals submitted their depositions. Since the political leaders and parties warned about absence of expert debate and pointed out the unclear approach to the entire process, unacceptable labeling and other dilemmas, the MK initiated the necessary procedures. On February 13, 2023, by a court decision, the MuZXXI was formally entered into the register while the MNS and MSO were deleted from the register.
Neither Dr. Nataša Robežnik nor the MK prepared the necessary proscribed procedures essential to the protection of rights and legal status of the employees and other pertinent rights in the area of labor relations. From this stems that Ms. Robežnik acting impromptu on the morning of 14 February, requested depositions from the employees on the same day. Following the warning by two unions of MNYD, Glose and Sviya, which protested the unlawful submission of the deadline for comments and suggestions, the due date for this activity was extended to 21 February. On February 15, I sent to Robežnik and all employees the protocols which Glosa insisted should have been adopted in the overall process of systematization.
“The union must always be informed about the contents of systematization before any acceptance of changes. Article 10 pertaining to employment relations imposes significant monetary penalties for lack of observance of this regulation (for example, item 1 of the first paragraph of section 217.a Zdr.-1) which also addresses other general actions undertaken by the employer.
I particularly emphasize that public institutions in the Culture department must observe not only the regulations listed under Article 10 Zdr-1 but the proposition regarding systematization must be forwarded to the union before any acceptance. If the union reaches a decision within a period of eight days, it must fully analyze it and reach a decision before submission of general documents; it furthermore, must respect/observe the rules of the Collective agreement pertaining to cultural activities in the Republic of Slovenia, and particularly so according to Article 45, section Law regarding public interest “in culture”, that is, subsequently, Article 26 of the Law regarding public sector employees.
This not only stipulates that before reaching any general decision which affects the rights and obligations of public employees, the overseer must make available to the pertinent union the opportunity to present its argumentation, but in addition, it dictates that the documents of proposals must be (also) forwarded to the union and allow a reasonable time (not only eight days) to formulate an opinion.
Furthermore, the union must take the official opinion into account, or call for a meeting to debate the issues. If the (employer) agreement of the proposal is not accepted by the union, the employer can still make a not-agreed-upon decision, but such case requires in writing argumentation. Given the importance of such issues, a positive decision, an agreement, should never be reached without previous documentation and analysis of all parties.
The employers should present their comments, opinions and positions because that approach might benefit all involved. If the employer , thereafter, rejects reasonable counter initiatives and proposals of the employees, or the unions, they later will be left without recourse other than collective judicial approach, complaint to inspection departments and alike. However, do note that in this case, as in all cases, our legal services will assist you.”
The employees have presented their case, but received no answer. They, among other data, did not receive a text of systematization within which the positions of the employers would be agreed upon or, with proper argumentation, rejected. On 23 February, a meeting of the executive board of MuZXXI was held; the minutes of this meeting have not yet been published or provided. In addition, the employees have not yet, to this date, received a note regarding apparently already voted for systematization. Therefore, on 1 March I wrote to N. Robežnikova:
„Dear Nataša, I fear that the zest with which you are implementing the MuYXXI project will not lead to a good outcome. Once again, I am enclosing the standards according to which the entire process of systematizations should evolve in the public culture institutions. The employees have submitted their positions, and arguments regarding shortcomings within the stipulated period of eight days. We would appreciate receiving an answer in that respect as well as to our comments regarding the systematization. Neither of these issues have materialized.
However, systematization was placed on the daily calendar of the executive board meeting while the representative of the employees and the union expressed their apprehension about such act. If I understood correctly, the proposal was accepted conditionally,with a clarification that any disagreements would subsequently be corrected in the future. In order to avoid more serious complications, we will appreciate your clarification as to how-despite clearly proscribed conditions of systematization- we had to face so many conflicting transgressions of the existing rules. I think that the unions, which always identify unlawful pressures on the employees, and the employees themselves,and particularly the wider public, must recieve answers to these questions.“
The same day, N. Robežnikov answered:
“Dear dr. Jože Dežman, The regulations regarding the implementation of systematization of employee positions in the Museaum of recent and contemporary History of Slovenia, was debated during the 2. meeting of the executive board in presence of all members of the board, representatives of the employees and representatives of the two unions- Glose and Sviza. The meeting was held on 22 February 2023. Both unions submitted positives opinions. Union Glosa proposed to introduce (into the process of systematization) pertinent salary changes which were affirmed by the Aneks( attachment) of the collective agreement for cultural activities of the Republic of Slovenia (Urani list, number 136/22).
This was affirmed by the members of the executive board and the information was entered into the (business) Rules. The members of the board also agreed with the Glose union proposal that individual proposals be regulated by a special employer act, and we will address this. The Board also decided that the (business) Rules will be examined again considering the proposals of the employees. Other specific proposals are already included in the Rules. As I have already emphasized, there is no desire the exclude employees ; on the contrary, we are proceeding collaborating with the employees in an attempt to create a better work environment“.
Followed my reply the same day:
„Dear Nataša, I fear that your unclear responses will not lead far. The posed questions are important procedural questions which require a more robust clarification than the one you submitted. The essential fact is that all time protocols, necessary for correct implementation of systematization, were not observed. You received the opinions and comments. When did the employees receive the response to open issues? What was accepted under the rubric of “accepted systematization”, what was rejected and why? When did the employees receive the systematization data for examination? When was the formal systematization debate held? Where are the documents, minutes, materials…? I expect they will be available for detailed examination on the web page of MuZXXI promptly. However, there are many substantive questions. One of the basic questions is will the systematization documents specifically list a location on Poljanska 40 which is also listed in the original decisions. If we list Cekin Castle and Deposit of State Archives in Pivka, why not list the location at Poljanska 40?
If Poljanska 40 is (by decision) no longer in MuZXXI, I must conclude that someone, somehow has changed the decision on establishing the MuZXXI?
Which extraordinary source did you find indicating that MuZXXI lacks specific programs? Considering that it was promised that the new institution will offer exceptional opportunities for collections, studies, and exhibits on democratization, process of attaining independence, defense and development of the Republic of Slovenia, the public is, obviously, interested in what is planned for the future. Thus, what is the program for MuZXX for 2023?”
There were no answers for any of my questions. In any case, the answers could not possibly justify the unlawful procedures set in motion and implementation by N. Robežnik in the process of systematization. Since it is evident that the intent of such administraive approach is to force decisions on employee excluded from the process, a process which will significantly affect the quality of performance of MuYXXI, I am hereby requesting the work inspection department to intervene.
The unjust and bad situation created by the employer for MuYXXI and its employees will only continue to deteriorate by the action of this entire process. Due to a rapid registration of the MuYXXI there is no consideration offered for a work plan for 2023. In addition, it is not clear where will the MSO personnel be accommodated in the MuYxxI building. No provisions have been made for specific work rooms and it is not clear how the respective funds will be assured for that purpose.
In addition, I have recieved no formal notification of any kind regarding my function after removal from a position of director. Although I am still recieving a full salary in the new institution, I recieve no notification, internal memoes of any kind; I am not included in any discussion on any matter. On the bases of Law regarding access to public information , I am requesting that you inform me on the subject regarding its jurisdiction, specific identification number and expected date of conclusion of the project, and a request that you notify me personally on the matter.
On the base of the above arguments, I propose to the pertinent administrative body to perform the inspection oversight of the Museum of newer and contemporary history located at Celovska 23, Ljubljana, and to publish the decision that the employer remove all committed transgressions, and that the Department of Employment of the Republic of Slovenia-on the bases of listed transgressions-insures that the Museum of recent and modern history is properly sanctioned according to article1.
We will appreciate a notification regarding the removal of the above listed transgressions and violations at the shortest possible date to the above listed address or to the following e-mail address: firstname.lastname@example.org.
Dr. Jože Dežman
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