By the A.M. Costa Rica staff


The Constitutional Chamber Friday, resolved the consultation made by the deputies of the Legislative Assembly on the articles of bill No.21049 entitled Law to provide legal security on the Strike and its procedures.

Among the main resolutions are the articles approved by the Constitutional Chamber.

- The Court did not find unconstitutional the article where it is provided the employer (understood as the government in the case of public employees) shall not pay the salaries corresponding to the days that the strike would have lasted unless the strike was declared as legal.

- Unanimously, the magistrates found no error in the article that indicates strikes on political issues will be declared as illegal.

- Also unanimously the magistrates resolved that there is no illegality in imposing a maximum duration of 48 hours for strikes of protest against public issues, as long as these issues directly affect the economic and social interests of workers.

- Also by a majority, the magistrates approve the prohibition of the strike in public services declared as essential, including health services, transportation, school canteens, public safety, air traffic controllers, firefighters, drinking water supply and electric power and fuel.

- The court also did not find illegality in the article to the prohibition of repeating strikes for the same reasons.

However, the magistrates did find two articles that could be considered unconstitutional, as follow;

- The magistrates found illegal the dissolution of unions for criminal acts of their leaders because one person's criminal responsibility cannot be transferred to the entire union.

- An error was also found in the process of the analysis made by deputies, because of a prior consultation regarding the public services that should be considered essential should have the approval of the Supreme Court of Justice.

The Constitutional Chamber, once the integral sentence is ready, will proceed to return the bill to the deputies of the Legislative Assembly, so lawmakers can make the two corrections.

After the deputies have made corrections to the substantive errors found by the magistrates, the bill must return to vote to be approved or rejected.

On Sept. 5th, as A.M. Costa Rica previously reported, the National Chamber of Tourism, known as Canatur, announced on Wednesday the support for deputies who approved, in the first debate, the bill which seeks to regulate strikes.

According to Canatur, creating a law regulating strikes is an urgent matter.

The representatives of the Chamber appeared at hearings convened by the Special Commission on Strikes of the Legislative Assembly.

In these hearings, the Chamber presented the proposal to include in the bill, issues such as adding in the list of essential public services, airports, immigration services, and the reduction of wages to workers who go on strike.

"Our interest is not to oppose the right of workers to strike, what we seek is legal clarity to avoid abuses and damage to the rights of the majority of citizens and tourists who suffered the consequences of the last protests," said Saray Valverde, president of Canatur.

According to the Chamber, tourism was one of the sectors that reported million-dollar losses due to service cancellations, low sales, and itinerary changes, as well as direct effects on tourists who were trapped on roads due to blockages.

Additionally, the Costa Rican North American Chamber of Commerce, known as AmCham, also announced support for the deputies for the approval in the first round of voting of the bill.

According to AmCham, this bill is vital for both, the productive sector and society in general, as this bill fills an empty void in current legislation by allowing abuses of the right to protest against the majority of the people.

"We celebrate the approval of this bill in the congress, and we hope that the deputies will soon confirm their vote in a second round," said Elías Soley, president of AmCham. "It is the only way to respect the productive sector and protect most of the Costa Ricans who suffer the consequences when those irresponsible people who abuse the right to protest."

According to AmCham, union leaders have tried to confuse and deceive people by telling them that the bill to regulate strikes was made to ban strikes, which is false.

On Sept 3rd,  the members of the unions Ande, Apse, and Anep, went on strike protesting against the bill No. 21.097, in which employees' right to strike may be limited or restricted.

According to the Ministry of Public Education, 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 Guiselle 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.

The public school students and unions have been marching to protest proposed laws since July 1.

Students supported by members of public employee unions marched in all provinces to protest several bills that are under consideration by deputies at the Legislative Assembly.

Mélida Cedeño Castro, president of the public school teachers' union known as APSE, said  the  union's main request is the cancellation of the following bills:

- No. 20.786, dual education, that will allow students of technical schools to complete an internship in private companies. Students are said to consider the conditions of internships unfair because they would not receive salary, insurance, and others work benefits.

- No. 21.097, in which employees' right to strike may be restricted.



-----------------------------
Do you agree that there is a law that regulates strikes? We would like to know your thoughts on this story. Send your comments to: news@amcostarica.com

Booking.com