April 20, 2020 - Glas Poduzetnika demands to enable the operation of Croatian entrepreneurs' restaurants.
The sad fact is that we became a slave nation that, through its supervisory activities, in an unprecedented situation in modern history, punishes small businesses who are trying to maintain work activity and keep job positions while letting global corporations work through drive-in facilities.
Yesterday, we received information about a large number of closed facilities due to the distribution of food in front of the objects or the food brought to the customer's car. As per their records, the decisions state the violation of article 9a of Hospitality and Catering Industry Law, i.e., "performing the activity contrary to the decision of Committee for Civilian Protection of Croatia (CZRH)."
"Yesterday, state inspectors banned work for 30 days and sealed off more than 20 restaurants in Zagreb, Rijeka, and other cities due to the handing food to the customers in front of the restaurant. Restaurants Tekka, Rustica, Čingač, and many more had to close. "This procedure will cause the additional unnecessary loss of several hundred jobs," said Vedran Jakominic, a member of the Board of Directors of the GLAS PODUZETNIKA Association and Vice-President of the National Hospitality Association. "Immediately after the decision of the Committee for Civilian Protection, a request was sent to the Ministry of Tourism related to this particular situation, and an official response was received at 15:20 h on 19th March 2020 stating the following: The customer can personally pick up the ordered food on the doorstep of the object or in its immediate vicinity. Regarding the queries on further interpretation following the inspection procedures against the instruction from the COMPETENT MINISTRY, CZRH did not respond, although the Committee's coordinator Mr. Karas on 2nd April 2020 pointed out the importance of clear and unambiguous interpretation of instructions, which would also be required from the Committee. All the listed restaurants acted per the instructions of the Ministry of Tourism and followed all security protocols, for which we have the documented correspondence."
The inevitable conclusion is that the formation of the Inspectorate which collectively assumed the responsibilities of inspection supervision in the name of the competent ministries was a rash decision without secured competencies since the Inspectorate acted contrary to the only valid interpretation of the instructions of responsible Ministry, which is superior to the Inspectorate. Upon the foundation of the Inspectorate, it was promised that all relevant regulations would be clearly stated on their website before they would enter the service. However, this promise was not fulfilled. It was guaranteed that the Inspectorate would primarily have the advisory role whose first step would be to warn on irregularities.
However, in the most challenging moment for small businesses, the Inspectorate does just the opposite and adds a new level of uncertainty to the plate of ever-exposed entrepreneurs. We have a gradual normalization with additional conditions ahead of us. Can we trust the Inspectorate that they will ensure uniform and precise treatment in the interests of all citizens, and even those who pay taxes? Actions per all available information were followed by a "reward" of 30 days of the closed object and a still unknown amount of the fine.
Entrepreneurs, do you feel protected? Do you feel calm and safe when representatives of Inspectorate, tax authorities, customs authorities, or representatives of the Ministry of Internal Affairs come to your premises? When they come to your battered offices, where you spend most of your working day and make every effort to do everything by the law, accounting by the rules? Do you feel safe and protected when you need advice, suggestions, or when you read laws that concern you? Do you have the confidence that when you do at the best of your abilities, per everything you have learned, when the authorities who are here to ensure the functioning of society on our behalf come, that they will correct you where you are wrong, refer to protocols and procedures, and explain the unknown?Article 49 of the Croatian Constitution says: "Entrepreneurial and market freedom are the basis of the economic structure of the Republic. The state provides all entrepreneurs with an equal legal position in the market. Monopolies are prohibited. The Republic contributes to the economic progress and social well-being of its citizens and takes care of the economic development of all its regions."We crave Croatia 2.0, where the work of the state and its bodies will be to carry out joint affairs of its citizens, following the Constitution of Croatia and for the benefit of all its citizens equally.On this occasion, UGP demands the removal of inspectors responsible for such actions, and their superiors who gave them such a task, from the service. They should be assigned to jobs according to their real abilities or finally share the fate of those in whose interests they should work, and become part of the statistics of the unemployed.
Why are we requesting this? For acting contrary to the instructions of the competent Ministry and for not reporting possible misinterpretation of the instructions, not asking for a correction, and not informing people who risked their health on the spot acting contrary to the advice of the epidemiological service. Because they were either arbitrarily punishing in this insane situation, or if they didn't, they allowed thousands of restaurant employees across the country to work outside the safety conditions provided by the expert team of people who are managing this crisis.We insist on the immediate annulation of all fines in these and similar situations, and on ensuring conditions for safe work in facilities. Besides, we demand that public sector employees include a novelty in their actions, which is the work in harmony and cooperation with entrepreneurs, rather than harassing, humiliating and punishing people who not only feed the private sector but provide for the National Treasury as well.
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The GLAS PODUZETNIKA Initiative started as a citizens' self-organized group, most of which are small entrepreneurs, after the announcement of the first set of Government's measures, which the organizers deemed insufficient. The Initiative assembled more than 100,000 entrepreneurs, small business owners, self-employed, and the employees in the private sector in less than 15 days, drawing the media spotlight with its uncompromising requests and appearances. Considering this, GLAS PODUZETNIKA positioned itself as a relevant factor in public discussions aimed to determine Croatia's new economic direction. Its position was also confirmed by the Government of the Republic of Croatia, having included some of the Initiative's suggestions in the second set of economic measures, thus confirming Initiative's undeniable influence. At the request of the Initiative's members, the GLAS PODUZETNIKA Association was created and received more than 6,000 applications for membership until this moment.
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