2021

DOI: https://www.doi.org/10.31178/AUBD.2021.18

Abstract: Thispaper analyzes two forms of the offense provided for in Article 287 of the Criminal Code, namely failure to comply with court decisions: that governed by subparagraph (d) —failure to comply with a court order mandating the reinstatement of an employee—and that governed by subparagraph (e)—failure to comply with a court order regarding the payment of wages within 15 days of the date the interested party submitted a request for enforcement to the employer. With the entry into force of the Criminal Code on February 1, 2014, these two offenses were transferred from the Labor Code, where they had previously been regulated, and underwent a series of amendments on that occasion. This article analyzes these changes but also delves into the issues that continue to arise regarding the constituent elements of these offenses, seeking to propose solutions for a uniform interpretation in judicial practice.

Keywords:failure to enforcecourt decisions, labor disputes, reinstatement, wages.