El Ciudadano
Original article: Justicia restablece el derecho a huelga de trabajadores de Enel Generación y marca precedente en materia de libertad sindical
The Court of Appeals in Santiago has upheld the legal complaint filed by various labor organizations, including the Enel Engineers and Professionals Union (SIEP), reinstating the right to strike for employees of Enel Generación Chile S.A. This ruling annulled an administrative resolution that had restricted their ability to strike across multiple facilities in the country.
This ruling marks a significant precedent for labor relations in Chile, reaffirming that limitations on a fundamental right can only be imposed when there are specific, sufficient, and proportionate justifications.
The verdict, issued by the Twelfth Chamber of the appellate court, concluded that the authority failed to demonstrate that the exceptional conditions required by the Constitution and the Labor Code existed to impede the exercise of the right to strike.
Additionally, the court stated that the existence of minimum service agreements should be considered before imposing more intense restrictions, such as a ban on strikes.
Upon hearing the news, the president of the SIEP, Mauricio Ramírez Barrientos, praised the judicial decision, stating, «This ruling does not belong solely to SIEP; it belongs to all workers who believe that fundamental rights must be respected.»
«The Court has reminded us that the right to strike cannot be curtailed for administrative convenience, but only in the exceptional situations outlined by law and with rigorous justification,» emphasized the union leader.
In this respect, he highlighted that, «As an organization, we have always maintained that it is possible to reconcile operational continuity with respect for labor rights. We have demonstrated this over the years through minimum service agreements and emergency teams. This ruling confirms that these mechanisms should be prioritized before depriving workers of a constitutional right.»
Ramírez indicated that the pronouncement «strengthens legal certainty and sends an important signal for the future of labor relations in the country. Defending the right to strike is defending an essential principle of union freedom and balance between workers and employers.»
Finally, from the SIEP, they emphasized that the resolution «reaffirms the importance of ensuring that public administration decisions strictly adhere to constitutional standards and international treaties on union freedom, establishing a precedent that transcends the specific case of Enel Generación and contributes to the development of labor relations in Chile.»
El Ciudadano
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