The measure will regulate the provisions of the mega Decree 70/23 published in December of last year, weeks after the arrival of the libertarian to the Casa Rosada, in which the inclusion of the commercial aviation sector is enabled within the rating as “essential” for ensure coverage of the service and prevent paralysis due to forceful measures.
The news was announced on Thursday night by the Minister of Deregulation and State Transformation, Federico Sturzenegger, who reported on his social networks: “President Javier Milei has just signed the regulations of article 182 of DNU 70/23 with the guidelines applicable to the provision of essential commercial civil aeronautics services. Tomorrow we will give more details…”
Javier Milei will declare the aerocommercial sector as “essential”: what implications will this have?
Chapter IX of the mega DNU modifies article 24 of law 25.877 of the Labor Regime to expand the number of sectors considered “essential” or “of transcendental importance” in order to protect their normal operation in the event of collective conflicts and guarantee the “minimum” provision of the service.
Paragraph d of said article indicates the “commercial aeronautics and air traffic control”as one of the services to include, along with port activity, buoyage, dredging, mooring, stowage and towing of ships. The regulations signed tonight, according to the minister, would be focused on the commercial aviation sector.
As pointed out Sturzenegger, Article 182 of the DNU, on which the regulations will be based, replaces the content of Article 2 of Law No. 17,285 (Aeronautical Code) with the following: “Civil commercial aeronautics is an essential service. For the purposes of this Code, Civil aeronautics is the set of activities linked to the Use of private and public aircraftwhich involve air navigation activities and all legal relations derived from air commerce in general.”
The designation of the commercial aviation sector as “essential” seeks to reduce the impact of the unions’ forceful measures on the activity, given that it requires guaranteeing a minimum coverage of 75% in the provision of the service. “With regard to the provision of minimum services, in the case of essential services, In no case may it negotiate or impose on the parties a coverage less than SEVENTY FIVE PERCENT (75%) of the normal provision of the service in question,” the DNU states.
Unions described the decision to declare the aviation sector “essential” as “illegal and arbitrary” and are moving forward with a new strike
In the last few hours, the aeronautical unions called for a pilots strike which will take place this Friday and which will affect them more than 300 flights and 37,000 Aerolíneas Argentinas passengers, according to airport sources.
Despite threats from the government, workers’ associations have intensified their plan of struggle. The Pilots and Flight Attendants unions voted for a 24-hour strike at Aerolíneas Argentinas starting Friday at 12 noon. They demand salary increases.
“We have a 75% wage arrears and workers below the poverty line“, they explained to Scope sources from the Aeronautical Union. The strike was voted on Wednesday at a joint meeting of the aeronautical unions.
A few days ago, the Government of Milei He had announced that he would move forward with the declaration as “essential service” before the strikes and assemblies driven by the unions of pilots and aeronautical personnel, in demand for wage increases. In view of this, Workers’ associations described the decision as “illegal and arbitrary.”
Representatives of the Association of Pilots of Airlines (APLA), Union of Senior and Professional Personnel of Companies Commercial airlines (UPSA), Argentine Association of Aeronauts (AAA) and the Association of Aeronautical Personnel (APA) issued a statement earlier this week in which they repudiated the changes in the law and warned officials who try to implement them.
“The Ministry of Human Capital, through a statement released yesterday, has reported that it will regulate the essentiality of the aeronautical service “commercial to guarantee minimum services,” the document begins. The text then states that “Such a task would result in an arbitrary and illegal decision.compromising the administrative and criminal responsibility of the officials who participate in it.”
They then detail the reasons for this argument explaining that Transport is already regulated as a “public service” of transcendental importance, under the conditions established by the norm, in accordance with the regulations of the right to strike, constitutionally recognized by law 25,877.
“The attempt to use an unconstitutional shortcut: the DNU70/23, so that through the Aeronautical Code, they try to establish a different and particular procedure for air transport, It would be void for two reasons“the unions said. On the one hand, because the DNU itself is null and void “as declared by the Chamber of Labor” and, furthermore, because “the only way to regulate the right to strike “is by modifying the law that regulates it.”
Source: Ambito
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