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Bill to regulate
strikes goes through second round of
voting today
By the
A.M. Costa Rica staff
On Tuesday, the deputies of the
Legislative Assembly approved in the first
round of voting, the bill No. 21,049, know
as Law to provide legal certainty about
the strike and its procedures. Today the
second round of voting will be held to see
if it gets final approval.
According to deputies, this new law "seeks
to avoid abuses of decreeing strikes in
the public sector." This law also defines
which essential services will require
workers to maintain their positions even
if others join the protests. It will also
set repercussions for those who break the
law.
According to Carlos Ricardo
Benavides-Jiménez, president of the
Legislative Assembly, "strikes must be
regulated, to avoid disrupting the rights
of the rest of the people."
Among the many motions analyzed and
approved by the deputies, the most crucial
included in the law are:
- A strike in public services may be
exercised for up to a period of 21
consecutive calendar days or ten
discontinuous calendar days and after
these deadlines workers must return to
work.
- Employees who go on strike will not
receive wages for days not worked.
- Workers who participate in strikes may
not engage in personal activities.
- Once a strike is over, an employer will
have a period of one month to prosecute
offenses, if and when a strike is declared
illegal.
- It will be illegal to strike for issues
not related to an employer or
employee labor relations.
- It will be illegal for a strike to
involve blockages on public roads, to
block or sabotage access to public
facilities or services.
- If a strike is declared illegal, the
court may order the dissolution of the
unions.
- Before calling a strike, the employees
must report to the employer the days and
hours they intend to suspend work and
justification for the strike.
- It will be illegal to call a strike if
it affects institutions declared as
essential services.
"Essential public services are those where
a work stoppage can cause significant
damage to the rights to life, health, and
public safety," said the deputies in their
statement.
The essential public services declared
were: health, public safety,
transportation, firefighters, emergencies,
water, education, electricity, fuels,
schools, and judicial services, among
others.
President Carlos Alvarado, thanked the
deputies for the approval of the bill, in
the first round of voting. "This project
guarantees the right to strike without
affecting the services provided to
citizens."
The project will be confirmed, after the
second round of voting to be held in the
Legislative Assembly today.
Two of the most important unions, the
Association of High school teachers, know
as Apse and the Association of Teachers,
know as Ande, announced protests today in
front of the Legislative Assembly in
downtown San Jose*.
Unions also confirmed on Wednesday, that
their leaders met with Deputy José María
Villalta, to analyze the possibility of
presenting a legal consultation of the
bill before the court. Then, a judge will
decide whether to approve or reject the
bill that regulates strikes.
According to union leaders, the legal
consultation is estimated to last
approximately one month, which would force
the deputies to stop the voting process
until the court issues a resolution.
On Tuesday, as A.M. Costa Rica previously
reported, the
Minister of Public Education, Guiselle
Cruz called on the members of the two
unions of that ministry, known as Ande,
Apse, and Anep, not to go on strike.
The leaders of both unions asked their
members to make a protest march in the
Central Park of San Jose, starting at 9
a.m. and maintain the strike for the
rest of the day.
According to union leaders, they are
protesting against the bill No.
21.097, approved on Tuesday which
establish a list of essential public
services, including public education, in
which employees' right to strike may be
limited or restricted.
According to the Ministry, as a result
of union strikes, during 2018 and this
year, students of public schools and
high-schools have lost 100 days of
lessons.
"More strikes in this last semester will
cause students to lose two consecutive
annual study programs, the one of 2018,
which we have not yet recovered, and
this year," said Minister Cruz.
According to the ministry, union strikes
are generating an inequality among
students in public versus private
schools, because the students of private
schools have not lost lessons and not
suffered from the stress caused by the
teacher's strike.
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What are your thoughts about the bill that
would regulate strikes? We would like to
know your thoughts on this story. Send
your comments to: news@amcostarica.com
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