El Ciudadano
Original article: Corte de Santiago confirma exclusión de naviera del listado de empresas estratégicas
The Santiago Court of Appeals has denied the appeal filed by the shipping company Navimag Carga SA, challenging the ministerial decision that rejected its request to be included in the list of companies designated as «strategic,» which restricts their workers from exercising the right to strike for two years.
In a unanimous ruling (case role 3.902-2025), the Tenth Chamber of the appellate court –comprised of Minister Elsa Barrientos, Minister Fernando Valderrama, and Judicial Prosecutor Ana María Hernández– found no error in the contested resolution made by the Ministers of Economy, Labor, and Defense.
According to the ruling, «to determine cases where a strike may be prohibited, the decisive criterion is the existence of an evident and imminent threat to the life, safety, or health of all or part of the population.» The judicial document further notes that «the principle of prohibiting strikes in essential services would be undermined if it were to declare a strike illegal in a company that does not provide an essential service in the strictest sense of the term.»
Additionally, the ruling emphasizes that «the right to strike can only be limited or prohibited: 1) in the public sector, solely in the case of officials who exercise authority on behalf of the State, or 2) in essential services in the strictest sense of the term, that is, those services whose interruption could endanger the life, safety, or health of persons in all or part of the population.»
At this juncture, the court highlighted that «the claimant company holds a current classification of minimum services agreed upon with its own union counterpart, which addresses the same legal goods without infringing upon the essence of the right to strike.»
«The Labor Directorate reported the existence of a protocol for the classification of minimum services and the formation of an emergency team, signed by the company and the union on March 21, 2018 –which remains valid for future collective negotiations– ensuring that the claimant already had an appropriate mechanism to safeguard service continuity, through an agreement established with its own counterpart, framed under the same situations it now seeks to prevent,» the ruling states.
Read the full resolution HERE
El Ciudadano
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