UNSA in trouble: Employees without a collective agreement, KS Government abolishes legal subjectivity of faculties

SARAJEVO, (Patria) - The Law on Higher Education of KS, which entered into force on September 1, 2017, envisages the abolition of legal subjectivity of faculties, academies, and scientific research institutes and their affiliation with the University of Sarajevo. Although the academic community is not satisfied with certain provisions of the law, and the requested amendments are still pending, a Proposal for a Decision on the affiliation of faculties, academies, and scientific research institutes of the public institution University of Sarajevo, with legal entity status, to the public institution University of Sarajevo, within which they will continue to operate as organizational units, will be on the agenda of the KS Assembly on June 25.

The decision signed by the Minister of Education, Science, and Youth of KS, Elvir Kazazović (SDA), states that "the property, rights, and obligations of faculties, academies, and scientific research institutes of the University of Sarajevo acquired by the date of registration of the status change in the court register shall become the property, rights, and obligations of the University of Sarajevo as a legal entity after the registration of the status change in the court register."

If this decision is adopted by the KS Assembly, the Rector of the University of Sarajevo, Rifat Škrijelj, will be given a deadline of 90 days to conclude contracts with the heads of organizational units and initiate registration in the court register. The KS Government has clearly not considered the scope and difficulties that may arise during registration in the court register.

In an interview with Klix.ba, Rector Škrijelj stated that he fears that the founder of the University, i.e., the KS Government, is rushing things, which could lead to irreparable mistakes.

- The decision to abolish the legal status of faculties and affiliate them with UNSA is being rushed. If I were interested in power, as Rector, I should be happy about this. I am absolutely not satisfied with the speed at which this is being done, but I am satisfied that it is being worked on. Therefore, the dynamics are not right and will be detrimental to the quality of this process because we have unresolved property and even labor law issues – said Škrijelj.

What is even more important is what will happen to the academic staff of the organizational units after their affiliation with the University of Sarajevo. What will happen to lawyers, economists, and other personnel? A collective agreement that would regulate rights and obligations has not yet been signed. At its session held on May 31, 2018, the KS Government adopted a decision appointing a negotiation team for the conclusion of a collective agreement for the field of higher education and science in the Sarajevo Canton. The negotiation team of the Government of Sarajevo Canton includes Prime Minister Adem Zolj, and the Ministers of Education, Finance, Labor and Social Policy, and Justice and Administration, Elvir Kazazović, Jasmin Halebić, Amela Dautbegović, and Mario Nenadić.

Škrijelj has previously expressed hope that the Government would first offer a collective agreement, which would provide a form of security for employees, and then begin the process of abolishing the legal subjectivity of UNSA members. However, the Government has clearly opted for the reverse order, which could cause damage to the entire field of higher education in Sarajevo Canton. This is especially true as everything is happening during the new student enrollment period.

Another problem facing the University of Sarajevo is the assumption of all rights and obligations, which will be an additional burden. Rector Škrijelj agrees with this, stating that not all faculties have operated transparently and in the same way in the past.

This was also shown by inspection findings and penalties imposed on faculties. Faculty of Pharmacy, Faculty of Medicine, Faculty of Sports and Physical Education, Faculty of Agriculture and Food.

At the same time, the University of Sarajevo is hiring 150 assistants for whom funding is secured for one year, but the question arises as to how things will proceed after that period expires.

Škrijelj claims that four-year contracts will be offered and that he will ask the KS Government to allocate funds for this purpose.

The Law on Higher Education of KS stipulates that the University of Sarajevo will transition to a treasury system by January 2019. Previously, concerns were raised that due to this system, many faculties would lose important projects and funding from grants.

On the other hand, the voice of the academic community has been almost silent when it comes to significant changes in the functioning of the oldest educational institution in Bosnia and Herzegovina. If there is no understanding and the decision proposed by the KS Government is adopted, the University of Sarajevo will very likely fall into administrative problems, which will certainly affect the work of all its constituent members.