Garantía de estabilidad – Tutela sindical
| Author | José M. Llano,Javier E. Patrón,Diego S. Kelly,Rodrigo Solá Torino,Enrique M. Stile |
| Published date | 07 April 2016 |
| Date | 07 April 2016 |
| Law Firm | Marval O'Farrell Mairal |
El 23 de febrero de 2016, la Corte Suprema de Justicia de la Nación hizo hincapié en que el efectivo goce de la tutela sindical se encuentra condicionado al cumplimiento del recaudo de notificar al empleador acerca de la formalización de la candidatura del empleado al cargo gremial.
El reclamo de reinstalación fue iniciado por una trabajadora que se había postulado para un cargo gremial y, el mismo día en que el empleador recibía la comunicación de su postulación, este enviaba su notificación de despido.
El Superior Tribunal de Justicia de la provincia de Río Negro admitió la demanda de reinstalación confiriendo una interpretación amplia al art. 48 de la Ley 23.551 de Asociaciones Sindicales, según la cual la garantía de estabilidad tiene su punto de partida en la fecha en que el órgano competente de la asociación sindical recibe la lista de candidatos con las formalidades correspondientes.
La Corte Suprema de Justicia de la Nación, sin...
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