KMDLNj seeks suspension of strikes, as long as the suspension of the Law on Salaries lasts

After that, an attack was launched against the ombudsman's institution, which, at the request for a review of the constitutionality of this Law, did not go against those who benefited with this Law (the pleased side) but stood up for those who did not benefit from this Law (the disgruntled side) and who addressed the ombudsman. The ombudsman's request to the Constitutional Court is under IAP's constitutional mandate and, unless it is addressed to the Court for handling the request of the dissatisfied party, the Ombudsman would violate the Constitution of Kosovo, therefore for KMDLNY is unacceptable to attack and the link to the ombudsman in question. At the time the Law for Rewards was passed in the Kosovo Assembly, the destructive part of civil society rejected this law as discriminatory and contrary to the Constitution, and now after the Constitutional Court of Kosovo temporarily suspended the implementation of this law, we are surprised to have a complete and unreasonable silence of civil society!

Even prior to making the decision by the Constitutional Court of Kosovo, the United Education Union, the Union of Health and the Police Union stated that if the Constitutional Court makes a decision opposing implementation of the Law on Pays, these three unions will invite membership, first for a warning strike and then for a general strike.

With SBASK's calls, as a warning today, the first two classes were not held as though even health personnel staged a strike, while the Police Union remained to decide today what actions it would take.

KMDLNI recognizes and accepts unionist action to the extent that it does not endanger the other side, respectively, if major and general damage is caused, the health and lives of citizens are threatened, as when personal and general safety of citizens are threatened. The general strike warned by these three union organizations, if carried out as stated, constitutes these three most celebrated components so, according to KMDLNj, exceed the initiative allowed unionist. KMDLNI hopes and believes that, due to the nature of the work, the Union of Health and Police Union will not strike general for the fact that the health of Kosovo citizens, citizens' safety, but the stability of Kosovo would be seriously jeopardised. Meanwhile, the SBASK, instead of taking responsibility for catastrophic results in the PISA test, with the strike warned, is actively contributing to the degradation of the educational system by legalising functional illiteracy in this way. With the strike in education, earlier and now, the SBASK is clearly violating students' rights for teaching, as one of the basic human rights is hurting parents who invest materially and not only materially in their children, while the SBASK denies all rights, both as well as students and as parents! Under circumstances where the learning process is injured and damaged to extreme degradation, parents should not obey the SBASK but must send children to schools. No one has the right to, on behalf of personal and group benefits, harm such a large number of students as if any wage increases should be in line with the performance rise and which in concrete cases is exactly the opposite.

The KMDLNj cites the opinion as well as those who call to general protests that the Criminal Code of the Republic of Kosovo sanction certain situations related to this issue and similar to it:

Article 205

Whoever illegally prevents the other person from using his right to offer a prayer, a criminal plea, a plea, a lawsuit, a complaint, a rejection or any other legal means, is fined or sentenced to a prison of up to 1.

When the penal work from paragraph 1 of this article is carried out by the official abuse of position or authorisation, the chief is sentenced to prison of three ( 3 ) months to three ( 3 ) years.

Article 222 The abuse of right on strike:

Anyone who, contrary to the Law, organises or leads a strike even if there are no elements of any other criminal acts, is sentenced to fines or imprisonments of up to one ( 1 ) year.

Whoever opposes the Law organises or heads the strike that causes damage to the large scale, large-scale loss or endangers the lives or health of persons and if there are no other criminal acts, is fined or sentenced to imprisonment of up to three (year) .

CHAPTER L Li XXXII V. EPART SERVEN SEA PUBLIC

Article 401 preventing the official person from performing official duties:

Anyone who by force or serious shelter or tries to prevent or prevent the official person from performing official duties or by using the same means forces him to perform his official duty is sentenced to prison terms of three ( 3 ) months to three ( 3 ) years.

Anyone who participates in a group of people who by joint action hinders or tries to prevent the official person from performing official duties or by using the same means forces him to perform his official duty, is fined, or sentenced to three ( 3) years in prison.

Leader or organiser of the group committing criminal acts from paragraph 2. This article is sentenced to one ( 1 ) to five years in prison.

Article 403 Call for resistance:

Anyone who calls others for resistance or disobedience to legitimate decisions or measures issued by the competent body or official is sentenced to prison terms of up to three ( 3) years.

If criminal offense from paragraph 1. This article results in great hardship or incapacitatement of the decision, size or official legal action, the chief is sentenced to six (6 ) imprisonments of up to five ( 5 ) years...

The KMDLNj reminds opinion and union leaders that the Kosovo Constitutional Court's move -- the suspension until March 30th 2020 -- is not the final decision and does not prejudge the final decision, so it proposes that, until the suspension measure for the implementation of the Law for the Criminals in the Public Sector -- all strikes and protests warned by trade unions and partially realised.

Kosovo's Constitutional Court decisions are irrefutable and no strike or protest questions this decision, whether it is a temporary measure or a final decision. No one has rejected the Constitutional Court's decisions even when the presidents have been dismissed, when the agreements with Serbia or the Association of Serbian municipalities in Kosovo have been rejected. Even the aforementioned unions have no reason to object to the extent of the suspension by the Constitutional Court, to a final decision; if the Law is declared unconstitutional, it will not be implemented at all, and if not, there will be retroactive compensation.

The KMDLNj calls for trade unions to reflect and respect the measure of the Constitutional Court because there is no other solution until the final decision. Thereafter, no one will agree to issue growing salaries under a temporary, suspended Law. Otherwise, they would answer for violations of the Constitution of the Republic of Kosovo.