Recently, the labor judge Liliana Rodríguez Fernández in charge of the fair court issued a ruling invalidating 6 articles of DNU 70/2023 at the request of the CGT in the framework of case No. 56,862/2023. This protection action is tendentious, capricious, capricious and inconsistent with the modernization of labor law.
The judge of the Feria labor jurisdiction invalidated 6 articles, where one especially goes against the 6 million private workers and sided with the CGT who, since their privileges were affected, asked a judge to invalidate the article 73 of DNU 70/2023 and this one did it.
Workers who prefer and freely choose to go to work and not be at events, congresses or union meetings, the judge does not allow it. Likewise, the judge considers that it is not serious and allows the unions to block factories or not let those workers who do not want to be in meetings or union congresses go to work.
I’ll explain to you what they just did.
Chapter IV of DNU 70/2023 talks about Law 23,551 on Trade Union Associations.
Article 87, which the judge invalidates, incorporates article 20 bis into law 23,551 and tells us that:
Legally recognized company delegates and union authorities will have the right to call assemblies and congresses of delegates without harming the normal activities of the company or affecting third parties.
It is very simple, article 87 of the DNU allows legally recognized unions to call assemblies, union congresses, even during working hours, but what they cannot do anymore is harm the normal activity of the company or affect the right of transit through the company or go to work. That is, if a union requests an assembly or meeting within the company, it can do so, but it cannot stop production or prohibit other workers who do not want to be there, force them to be there, they must be allowed to work normally.
I wonder why a labor judge invalidates this situation that is the free choice of a worker who does not want to be in meetings or union congresses and prefers to go to work in peace.
Then article 88 of the DNU, which also invalidates the fair labor judge, incorporates into the same article 20 Ter of the law 23,551 prohibited actions and conduct considering that they are very serious infractions:
- Affect the freedom to work of dependents who do not adhere to a forceful measure through acts or threats;
- Causing the blockade or seizure of the establishment, totally or partially preventing or obstructing the entry or exit of people and/or things to it;
- Cause damage to people or things owned by the company or third parties located in the establishment or make improper retention of them.
Once these 3 new actions are prohibited in Law 23,551, the responsible entity will be liable for the application of the sanctions established by the regulations once the appropriate procedures have been complied with in the enforcement authority (MTSS), without prejudice to corresponding civil and/or criminal liability.
It is very simple, the unions, delegates or when they call union meetings or assemblies, these cannot affect the circulation of others who want to work, they cannot block the entrance to the company or not allow workers who want to enter to enter. work and of course they cannot cause damage to company property.
That is, because the fair labor judge invalidates this and endorses that the unions affect the freedom of workers who want to go to work; because the fair labor judge allows the unions to block the entrance to the factory or not let those who do not want to be with them work and because the fair labor judge allows damage to the company’s assets and these 3 behaviors to stop her, are not serious and invalidates it so that the unions can do what they want.
Where is justice and the free choice of workers?
Source: Ambito
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