Derecho de huelga
Published date | 07 July 2016 |
Date | 07 July 2016 |
Author | Lorenzo Manuel Gutiérrez,José M. Llano |
Law Firm | Marval O'Farrell Mairal |
El 7 de junio de 2016, la Corte Suprema de Justicia de la Nación estableció que únicamente las organizaciones formales de trabajadores son titulares del derecho constitucional de huelga. Por lo tanto, solo estas asociaciones, tengan o no personería gremial, pueden ejercer medidas de fuerza legítimas, quedando excluidos los grupos informales de trabajadores.
Un trabajador despedido tras haber participado en medidas de fuerza que no habían contado con el aval de ninguno de los sindicatos que representaban al personal de la empresa demandada promovió un reclamo de reinstalación, y alegó que su desvinculación había sido una represalia a su intervención en acciones gremiales, argumento rechazado por el Máximo Tribunal.
La demanda había sido admitida por la Sala I de la Cámara Nacional de Apelaciones del Trabajo, que afirmó que, cuando el art. 14 bis de la Constitución Nacional...
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