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Criminal Code of Kosovo - Legislationline

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Article 223<br />

Violation <strong>of</strong> the right to management<br />

1. Whoever unlawfully obstructs or prevents the managing body in decision making or<br />

renders it impossible for a member <strong>of</strong> the managing body to exercise his or her right to<br />

participate in decision making in that body, shall be punished by a fine or by<br />

imprisonment <strong>of</strong> up to one (1) year.<br />

2. If the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article is committed by an <strong>of</strong>ficial or<br />

responsible person abusing his or her position or authorizations, the perpetrator shall be<br />

punished by imprisonment <strong>of</strong> up to two (2) years.<br />

3. Whoever commits the <strong>of</strong>fense set forth in paragraph 1. or 2. <strong>of</strong> this Article by the use<br />

<strong>of</strong> force, or serious threat shall be punished by imprisonment from six (6) months to five<br />

(5) years.<br />

Article 224<br />

Violation <strong>of</strong> the right to strike<br />

1. Whoever by the use <strong>of</strong> force or serious threat or in any other unlawful manner,<br />

prevents or obstructs a worker from organizing, participating or otherwise exercising any<br />

legal right to strike in accordance with the law and to participate in the strike or in any<br />

other manner exercise their right to strike, shall be punished by a fine or imprisonment <strong>of</strong><br />

up to two (2) years.<br />

2. The employer or the responsible person who dismisses an employee because <strong>of</strong> his or<br />

her participation in a lawfully organized strike or who takes other measures by which the<br />

worker’s labor rights are violated, shall be punished by a fine or imprisonment <strong>of</strong> up to<br />

two (2) years.<br />

Article 225<br />

Misuse <strong>of</strong> the right to strike<br />

1. Whoever, in violation <strong>of</strong> the law, organizes or leads a strike and if the elements <strong>of</strong><br />

another criminal <strong>of</strong>fense are not present, shall be punished by a fine or imprisonment up<br />

to one (1) year.<br />

2. Whoever, in violation <strong>of</strong> the law, organizes or leads a strike that causes large scale<br />

damage, large scale loss or endangers the life or health <strong>of</strong> persons, and if the elements <strong>of</strong><br />

another criminal <strong>of</strong>fense are not present, shall be punished by a fine or imprisonment up<br />

to three (3) years.<br />

114

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