Inquiries Related to 20%?
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Questions regarding the distribution of 20 % funds, you can address at: E-mail: info20p@pak-ks.org |
• Am I on the list of eligible workers?
Privatisation Agency of Kosovo publishes the list of eligible workers on official web page: www.pak-ks.org, whereby each worker of socially-owned enterprises may verify whether (or not) he/she is on the workers list. Besides, PAK publishes initial and final lists in two newspapers in Albanian language and Serbian language.
• I have worked for many years in the enterprise whereas my name is not included on preliminary/initial list of eligible workers. Why?
Pursuant to UNMIK Regulation 2003/13 (article 10.4), a worker is entitled to 20% of sale proceeds provided he/she has been evidenced as a worker of aforementioned SOE in privatisation or liquidation (whichever occurs earlier) and to have been on SOE pay-roll for at least three years. A worker who does not meet this criteria may be entitled if his/her disqualification took place on discriminatory grounds.
• How is it possible that a number of workers are included on the list whereas a number of them are excluded?
Those workers who fulfil the criteria set out in the law are included on the list whereas others have the right to appeal.
• Who prepared the list?
The list of eligible workers is prepared by the management of socially-owned enterprise in accordance with the applicable legislation, not PAK.
• I am retired, but I am not included on the workers list. Do I, with pensioner status have the right to benefit from 20%?
The 20% amount is for workers who had employee status at the time the enterprise was privatized. All those who do not have employee status, cannot be eligible. Time of privatisation is considered day of signing the sale and purchase contract between PAK and the buyer.
• Where can I appeal?
If you are not on the preliminary (initial) workers list, you may submit a claim within 20 days upon publication of the workers list at the Claim Review Committee (CRC) acting within PAK
• What documentation must I prepare in order to submit the claim?
In order to prepare the claim, parties must have PAK Form which contains details of necessary actions for the claimant, workbook certified by the competent body, decision of employment relationship in SOE, decision of employment termination during interim measures 1989-1999, as well as other evidence with interest to the claimant which may prove employment in SOE.
• My name is not on the final list. Where can I appeal?
If you are not on the final list, the appeal is submitted to Special Chamber of Supreme Court of Kosovo within 20 days upon publication of final list by the Agency.
• Employment documentation was entirely burned. How can I prove I have been a worker in the enterprise?
In case your documentation was burned or lost, then you must request from SOE management evidence regarding your employment based on matrix book in SOE.
• I have reported to work many times; the manager of director have written down my name on a notebook (computer) and told me they will call me to work. However, they did not call me or issued any sort of written document as proof that I reported to work? How can I prove that I had reported to work?
Upon reviewing claims by ELRC, PAK usually invites SOE representatives to testify regarding employee status at the time of privatisation and takes necessary information related to worker status of each SOE.
• Whey aren’t deceased people included on the list?
Since at the time of privatisation they have not been alive and have not had employee status.
• Whey are 20% funds distributed through BSPK rather than SOE management for distribution to workers?
Method of distribution 20% is regulated by the law whereby stipulated that 20% funds are to be distributed by PAK through BSPK.
• Why isn’t the legislation regulating 20% being amended in order to enable all workers to benefit from privatisation?
Because this legislation was approved by UNMIK Administration and as such is still in force. During its work, PAK is obligated to honour the applicable legislation.
• How is 20% calculated and distributed?
PAK possesses a special and rather effective system based on which 20% is calculated.
• Do I have the right to hire an attorney?
Yes, of course. When lists are published (initial and final), the right of an employee to hire an attorney is always emphasized. Whereas, if parties cannot afford an attorney, then they can seek assistance of Non-Governmental Organizations for free legal assistance.
• Why are 20% and unpaid salaries from past periods not received at the same time?
These are two different issues; they are treated and compensated separately as a process and are not related to one another.
• Why is Special Chamber of Supreme Court of Kosovo (SCSC) not reviewing claims more quickly?
PAK cannot declare itself with regard to this issue, however SCSC must be contacted.
• Why is transfer of funds from BSPK taking time?
As stipulated with legal procedures, PAK transfers 20% to BSPK in order to be distributed to workers. For any eventual delay after this process, BSPK must be contacted.
• Where the bank account should be opened?
This is not specified; this remains employee’s wish to determine the bank to open the account.
• Can these funds be transferred outside Kosovo (e.g. Serbia) and where should the bank account be opened?
In principle yes, however it all depends if this process is executable by banks. Information on this must be obtained from banks.
• My name is on the list; however I have not received funds yet. Why?
It is possible that bank accounts are closed / passive or it is a pension’s account. There should be a separate account for 20%. Nevertheless, the worker may clarify this issue with the bank where he/she opened the bank account.
