Penal Code

Trade unions demand that failure to pay wages be treated as offence

05.10.2011 u 15:28

Bionic
Reading

Trade Union federations sent a letter to Prime Minister Jadranka Kosor on Wednesday, demanding that the Penal Code be amended to ensure that any failure to pay salaries was treated as a criminal offence.

It makes no difference to the worker whether his wages are not paid because his employer is unable to collect his claims or has to pay his suppliers or acquires unlawful gain, because the consequence is always the same - the worker remains without pay and he and his family remain without money for living, the letter said.

The trade unions say that an unequivocal criminal penalty, with no exemptions, is the strongest instrument at the worker's disposal in his struggle against the non-payment of wages. The draft Penal Code allows for the possibility of nonpayment of salaries, shifting the consequences of the uncertainties of doing business onto the worker, which the trade unions say is unacceptable.

Also, under the new Penal Code, unlike the existing one, denying or restricting workers' right to strike is not considered an offence.

The trade unions proposed that failure to launch bankruptcy proceedings in cases when the conditions for bankruptcy proceedings have been met, should be subject to criminal prosecution.