In light of the officialisation of the measure, the unions, led by Pablo Biro, They warned that they will appear before the courts to reverse the situation and anticipated that the conflict they have with Argentine Airlines in particular and the Government in general, “it’s going to get worse”.
The measure was issued through publication in the Official Gazette by means of two decrees, 825 and 831, and establishes that “in accordance with the decisions of the Committee on Freedom of Association of the International Labour Organization (ILO), it is legitimate to require a minimum service in those sectors that are of transcendental importance for the country and/or in strikes in highly important sectors that due to their duration or magnitude may cause irreversible damage, endanger public health or safety, or generate serious consequences for the country.”
The decrees are signed by President Javier Milei, Chief of Staff Guillermo Francos, and Ministers Sandra Pettovello (Human Capital) and Luis Caputo (Economy).
The recitals state that “the interruption of the essential public service of civil commercial aeronautics may generate serious consequences” for the country, “threaten the safety or health of the population, affect the supply of essential inputs and hinder local and international connectivity and trade.”
They warn that “the impact on the aforementioned service has repercussions on the entire value chain of air transport and on the many industries that depend directly and indirectly on this means of transporting people and goods for their normal development.”
And it maintains that “in order to avoid damage and harm to users and consumers who suffer the consequences of collective conflicts, as well as to economic activities that use the commercial air service for their correct operation, it is necessary to implement a system of minimum benefits that allow guaranteeing a balance in the enjoyment of the freedoms involved.”
The law requires the parties to, within 24 hours of notification of the communication, “agree on the minimum services that will be maintained during the conflict and the modalities of their execution, indicating specifically and in detail the manner in which the services will be executed, including the designation of the personnel involved.”
“If once this period has expired, the agreement is not possible or the minimum services reported are insufficient, the determination of the matters listed above will be made within 48 hours by the Application Authority, which will notify and require the parties to comply,” the recitals continue.
And it adds that “in this case, a percentage must be taken into account when determining the minimum services, which in no case may be less than 50% with respect to the normal and regular activity or provision of services, with a gradual scale based on the duration and accumulated extension of the strike period and the collective labour dispute, guaranteeing connectivity on routes that have only one service.”
It warns that “when there is no agreement between the parties or the minimum services reported are insufficient, the Application Authority may request non-binding advice from the Guarantee Commission provided for in Article 24 of Law No. 25,877, in order to determine the modality and characteristics of the execution of the necessary minimum services.”
The measure is rejected by the aeronautical unions, in particular by the Association of Airline Pilots (APLA), whose head, Pablo Biró, said that they will go to court to challenge the declaration of the commercial aviation sector as an essential service.
“It is an illegitimate, illegal measure. We are going to appeal to the local courts, to the ILO, to the Inter-American Commission on Human Rights (IACHR). The right to strike is fundamental; it can only be regulated when higher interests, such as life or health, are at risk,” Biró said on Radio Mitre.
The unionist said that “The conflict is going to get worse. They say that we are carrying out wild and covert strikes, but that does not exist. A strike is a fundamental right to strike, the only legitimate means to defend our interests, in demand of salary increases.”he said.
Source: Ambito
