The right to strike

On June 7, 2016, the Argentine Supreme Court of Justice established that only authorized organizations of workers are entitled to the constitutional right to strike. Therefore, only these, with or without legal recognition, can exercise legitimate measures of force. Non-unionized groups of workers are excluded from this right.

A worker was dismissed after taking part in forcible action that had not been backed up by any of the authorized unions representing the staff of the defendant company. He alleged that he was dismissed due to his intervention and claimed for reinstatement. The Supreme Court rejected his claim.

The lawsuit had been accepted by Courtroom I of the Argentine Labor Court of Appeals, on the grounds that, when Section 14a of the Argentine Constitution states that "the right to strike is guaranteed to unions [...]", the word "union" refers to any group of workers with the same activity or occupation, united by a cause, whether union members or not.

The Supreme Court overturned this decision, limiting the interpretation of the term "unions" to professional associations with union status and to associations registered under the special register of the Labor Ministry. These are the only organizations authorized by the Argentine Constitution to convene and / or strike.