What changes the Law Bases in the matter of dismissal for strike? The Labor reform included in the standard approved in April 2024) modifies article 88 of the Labor Contract Law (LCT) and establishes an exception to the principle of protection of the exercise of the right to strike.
The worker who participated in a force measure could not be fired with cause if his actions were framed in the constitutional right to strike (art. 14 bis CN).
Now, with the Bases Law:
It is incorporated that The worker may be fired with just cause when he incurs acts of violence, occupation of establishment, impact of goods or when the force measure is considered “illegitimate”.
What does this imply in practice?
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The door opens to the criminalization of the labor conflict.
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Any protest that It is not framed in a “legal strike” can be used as Objective cause of dismissal. (CGT’s is legal)
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It is subject to the employer’s criteria (and after justice) decide whether a measure was “legitimate” or not.
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The concept of “goods involvement” is deliberately vague.
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Does it mean property damage? Or interrupt service or production?
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It could be used to punish a seated, a retention of tasks or an access cut.
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The worker’s collective power in front of the employer is weakened.
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The reform is presented as a Labor order toolbut in reality Weakens the legitimate exercise of workers to organize, protest and defend working conditions.
The new “Dismissal for strike” is a double edge weapon
He is enabled dismissal with cause Yeah:
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The worker participates in an illegitimate strike (not formally convened);
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Occupies the establishment;
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Damages goods (ambiguously defined);
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They incur acts of “work violence” (subjective term)
This requires workers More formal organizationmore legal strategy and more preventive protection. The Strike is not deactivated with laws. It is prevented with dialogue and is respected with intelligence.
The new scheme does not modernize labor relations: militarizes them. And the worker does not need a regulation to shut up, he needs a structure that listens to him, a state that protects him and an employer who respects him.
The strike loses its full law character and transforms into an act subject to subsequent legal evaluation.
* He is a lawyer (UBA), a work specialist and magister in employment and judicial innovation. Diploma applied to management in digital environments
Source: Ambito
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