The list of companies that have been categorized as “strategic companies”, where their workers are not allowed to work stoppages, has been published.
The prohibition, contemplated in Article 362 of the Labor Code, establishes that workers rendering services in corporations or companies, whatever their nature, purpose or function, “that provide services of public utility or whose paralyzation would cause serious damage to health, to the economy of the country, to the supply of the population or to national security” may not declare a strike.
In this list, which is the first one prepared by Gabriel Boric’s administration, of the 106 companies that applied to the Ministries of Economy, Labor and Defense to be included in the category, only 61 companies managed to obtain the prohibition of paralyzation.
A significantly smaller list than the previous ones. By way of example, in 2017, 100 companies were qualified as strategic and in 2021, 76.
Reactions
Within the labor world, there were several experts who criticized the list.
As a first point, for Jorge Arredondo, partner of Albagli Zaliasnik’s labor group, the Government’s delay in publishing the list, which should have been made public in July, is questionable, as it is established in the legislation.
From Arredondo’s perspective, moreover, the resolution shows that “evidently there is a clear position with respect to the Executive in terms of reducing to the maximum the companies that are in the hypothesis of article 362, and resorting to any type of argumentation to make the list as restrictive as possible”.
Source: Diario Financiero, September 26, 2023.
