Morales & Besa associate writes column in El Mercurio Legal on illegal strikes and labor reform

November 23, 2015

Morales & Besa Labour associate Rodrigo Sanhueza wrote a column about the lack of regulation of illegal strikes in the labor reform bill currently being discussed in the Senate.

The column points out that despite the current Labour Code providing that strikes may only be made within a process of regulated collective bargaining, 49% of strikes last year were made outside that process, so that they are not covered by our legal system. The current labor reform bill makes no change on this point, maintaining the legal uncertainty that currently exists where companies and their employees are paralyzed outside of a collective bargaining process.

The column highlights the current problems that generate such illegal strikes in companies. The decision to dismiss workers who engage in such conduct may be quite complex, both because the economic cost of these dismissals can be higher than negotiation, and because there is no certainty to achieve a successful outcome in court, in the likely event of prosecution of such dismissals.

The entire column can be found in the October 23 edition of The Legal Mercury.