Finally, the Government published this Monday the decree which regulates the declaration of “essential service” to the commercial aviation sector. The decision had been announced last week by the Minister of Deregulation and State Transformation, Federico Sturzenegger.
The measure regulates the provisions of the mega Decree 70/23 published in December of last year, which enables the inclusion of the commercial aviation sector within the rating as “essential” for ensure coverage of the service and prevent paralysis due to forceful measures.
With the signature of the president Javier Milei, The Executive regulated article 2 of Law No. 17,285, which states that “once the obligation imposed by article 2 of Law No. 14,786 has been fulfilled and the period of FIFTEEN (15) days provided for in article 11 of the aforementioned law has expired, the party that intends to exercise direct action measures that involve the civil aeronautical commercial activity must notify the other party and the Application Authority in a reliable manner and at least FIVE (5) days in advance of the date on which the measure will be carried out.”
Furthermore, it indicates that “within a period of TWENTY-FOUR (24) hours of notification of the communication referred to in article 2 of this Annex, the parties must 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.”
They also clarify that if once this term has expired “the agreement is not possible or the minimum services If the information provided is insufficient, the determination of the matters listed above will be made within FORTY-EIGHT (48) hours by the Application Authority, which will notify and require the parties to comply.”
Given this scenario, it will be necessary to take into account “for the determination of the minimum services a percentage that in no case may be less than FIFTY PERCENT (50%) “with respect to the normal and regular activity or provision of services”, taking into account “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”.
Despite the decision of the Government to declare the sector as “essential”and after implementing strike measures for 24 hours last Friday, the Airline Pilots Association (APLA) announced that they will “increase” the measures against Aerolíneas Argentinas until the requested salary increase is achieved and the dismissed pilots are reinstated.
In a statement released on social media network X, APLA said that “after the sanctions and dismissals of fellow pilots for carrying out union action measures, it is more important than ever to remain united and in solidarity.”
They added that “by dint of their struggle “they are united, defending each other, supporting each other. What each one has to contribute to this legitimate claim are their own union actions put at the service of collective defense.”
Source: Ambito
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