Failure to Comply with Court Decisions in Matters of Labor Disputes Cover Image
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Nerespectarea hotărârilor judecătorești pronunțate în materia conflictelor de muncă
Failure to Comply with Court Decisions in Matters of Labor Disputes

Author(s): Valentina Dinu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Labour and Social Security Law
Published by: C.H. Beck Publishing House - Romania
Keywords: non execution of court decisions; labor disputes; reintegration; salaries;

Summary/Abstract: This material analyzes two of the modalities of the crime provided by art. 287 of the Criminal Code, respectively the one of non observance of court decisions: the one regulated at let. d) non execution of the court decision by which it was ordered the reinstatement into work of an employee and the one regulated at let. e) non execution of the court decision regarding the payment of salaries within 15 days as of the date of the execution request addressed to the employer by the interested party. With the entry into force of the Criminal Code, on February 1, 2014, these two crimes were taken over from the Labor Code, where they were previously regulated, a series of amendments being implemented with this occasion. The article examines these changes, but also deepens the issues that continue to arise regarding the constitutive content of these crimes, trying to propose solutions for a uniform interpretation at the level of judicial practice.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 279-308
  • Page Count: 30
  • Language: Romanian