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The Government declared air transport as an essential service: the obligations that companies must comply with - Infobae
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El Gobierno declaró al transporte aéreo como servicio esencial: las obligaciones que las empresas deberán cumplir
Lo confirmó el ministro Federico Sturzenegger. La Secretaría de Trabajo será la autoridad de aplicación. Los gremios se mostraron en desacuerdo con la medida y la calificaron de “arbitraria e ilegal”
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September 16, 2024
The regulations establish the deadlines that must be taken into consideration to call for a strike, as well as establishing that 50% of the service provision must be guaranteed.
More than 150 flights have been cancelled over the past two weeks. (Reuters)
As announced, the national government officially declared civil and commercial aeronautics as an essential service . President Javier Milei signed the decree on Friday, which was published early this morning in the Official Gazette.
Decree 825/2024 contains the guidelines applicable to the provision of essential commercial civil aeronautics services. In this regard, it establishes that “collective labor disputes and any direct action measures that totally or partially interrupt civil commercial aeronautical activity, public or private, declared as an essential service by Article 2 of Law No. 17,285 and its amendments, and the inspection, authorization and/or certification activities of the Authority or persons authorized to certify are subject to these regulations.”
Once the obligation has been fulfilled and the 15 days required by law have passed, the party attempting to exercise forceful measures involving civil aeronautical commercial activity must give 5 days' notice.
Thus, through decree 831/2024, the Executive established that after 24 hours of notification, "the parties must agree on the minimum services that will be maintained during the conflict and the modalities of their execution, indicating specifically and in detail the manner in which the services will be executed, including the designation of the personnel involved."
“If, once this period has expired, the agreement is not possible or the minimum services reported are insufficient, the determination of the matters listed above will be made within 48 hours by the Enforcement Authority, which will notify and require the parties to comply. In this case, a percentage must be taken into account for the determination of the minimum services, which in no case may be less than 50% with respect to the normal and regular activity or provision of services, with a gradual scale based on the duration and accumulated extension of the strike period and the collective labor dispute, guaranteeing connectivity on routes that have only one service,” states the regulation.
The strikes affected thousands of users
Thus, the Government has ordered that companies and service providers “must adopt the necessary measures to guarantee the execution of minimum services and inform users and consumers of the modalities that the provision will take during the conflict, detailing the exact time of initiation and duration of the measures, as well as the form of distribution of the guaranteed minimum services.”
Official sources explained to this newspaper that the regulation was drawn up by Federico Sturzenegger and the Secretary of Labor, Julio Cordero. The latter area will be the authority to apply the measure.
“At Capital Humano we seek to protect and defend the thousands of Argentines who are affected every time measures are taken in this sector,” said the Secretary of Labor, Julio Cordero.
Four aviation unions considered that the Government's decision to regulate the essential nature of the aeronautical service to guarantee flights is "arbitrary and illegal" and, in this sense, warned that "it compromises the administrative and criminal responsibility of officials."
One of the main measures of force used by the unions was the holding of long assemblies, considered by the Government and by the representatives of the sector as "covert strikes", since they affected the functionality of the services.
anexo_7204496_1.pdf
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For this reason, the regulations clarify that the holding of this type of assembly "may in no case be invoked to interrupt, directly or indirectly, the normal and regular provision of civil aeronautical commercial activity, public or private, nor, where appropriate, the normal and regular development of the minimum services provided."
Once the signing of the regulations was known, the unions of the aeronautical sector released a joint statement in which they pointed out that “transport is already regulated as a public service of transcendental importance, under the conditions established by the norm, in accordance with the regulation of the right to strike, constitutionally recognized by law 25.877.”
The new regulations had been announced last week by the Ministry of Human Capital, led by Sandra Pettovello , after "it was found that, after the strike (on Friday) by the APLA and AAA aviation sector unions, minimum services that should be provided for within the framework of the essentiality provided for in Article 2 of Law 17,285" of the National Aeronautical Code were not guaranteed.
More than 15,000 passengers were affected by the strikes in recent weeks (Reuters)
The 9-hour strike that left 15,000 passengers without flights at Ezeiza and Aeroparque was carried out by the Association of Airline Pilots (APLA), led by the Kirchnerist Pablo Biró , and by the Argentine Association of Flight Attendants (AAA), led by the Moyanist Juan Pablo Brey , in response to Aerolíneas Argentinas' rejection of the request for a 25% salary increase.
According to information provided by Aerolíneas Argentinas, the strikes carried out in recent days affected some 150 flights and more than 15,000 passengers. “The APLA and AAA unions have already demonstrated their clear intention to do as much harm as possible to the company's passengers during the covert strikes of the last two weeks. In response to any attempt by Aerolíneas Argentinas to reschedule, delay, bring forward or apply any type of measure to mitigate the impact of these strikes, the unions modified the protest schedules to affect as many people as possible. This reprehensible attitude will continue to be responded to by the company with discounts and sanctions,” they indicated.
