The computer activity employs around 150,000 workers who are outside the agreement and do not have parity or social work
By Alejandro DiBiasi
14/03/2023 – 19,20hs
“It takes time to arrive, but in the end there is a reward,” says the song, which fits like a glove to the Computer Trade Association (AGC), since the National Chamber of Labor Appeals ratified (for the second time) the validity of union status. In its foundations, it considered that the case as “a contention already exhausted in the jurisdictional sphere”, for which no other union or organization may file a lawsuit (unless it appeals to the Supreme Court of Justice). Thus, The AGC is in a position to request the call to paritiesat the same time that it will demand the preparation of the collective agreement for the computer activity.
The Chamber stressed that the legal status of the IT union has “the value of authority and legal certainty that such decision-making projects on its original parties, the remaining state agencies and third parties.”
The AGC’s fight dates back to the time of Mauricio Macri, when the then Minister of Production and Labor, Dante Sica, repealed the union’s legal status, unleashing a series of lawsuits in the Courts. Today, Chamber II of the aforementioned Chamber, dictates a judgment of “res judicata”, leaving firm the union.
A universe of workers without labor rights
It is estimated that computing activity employs around 150,000 workers who are outside the agreement and unable to have parity, social work and other rights that comes with being under the umbrella of a Collective Bargaining Agreement. The union brings together programmers, designers, developers, operators and support tasks, among others, with a significant salary disparity.
Union sources explained to iProfessional that “there’s a lot of myth with this of computer scientists’ incomes” and added that “It is true that there are good salaries, as well as employees who are being exploited with salaries below the poverty line”.
The decision of the National Chamber of Labor Appeals opens a fundamental door for the union, which will require the labor portfolio headed by Raquel “Kelly” Olmos to “formally convene the Chamber of the Argentine Software Industry (CESSI) and the representation union to a serious wage negotiation”, the union spokesmen pointed out, adding that “there is so much talk about the reform of the collective agreements because they remained in time; well, we directly do not have, so we it would be good to give a legal framework to our activities“. The Chamber represents more than 1,800 companies.
The guild brings together programmers, designers, developers, operators and support tasks, among others
Now they will advance to discuss joint
The General Secretary of the AGC, Ezequiel Tosco, maintained that “with this judicial decision, the falsehood of the Ministry of Labor is exposed, our legal status is suspended” and remarked: “We need advance in the drafting of our agreement and be able to discuss paritiesso we hope that Minister Olmos complies with the law.”
He stated that “the only ones who benefit from not having a union are a concentrated sector of large business groups” and considered that “a government that claims to be Peronist; national and popular, must defend the workers and workers against the dismissals and abuses of this tiny sector of businessmen“.
Tosco warned that “we are tired of the promises of the Government and of the abuses of the companies; for this reason, if they do not summon us and the decision of the Chamber is complied with, our Legal Affairs area is already preparing the respective complaints before the Criminal Justice and Federal Correctional”. The leader was highly critical of the management of the former Labor Minister, Claudio Moroni, whom he denounced, along with his subordinates, for “anti-union behavior.”
According to the judicial presentation carried out by the union organization, the labor portfolio incurred in “obstruction to the exercise of union freedom of computer workers because it refuses to make the call to the conventional table of computer activity, as required by law.” From Moroni’s environment they argued that the legal capacity would be “suspended”, for which reason they should not be summoned to the salary negotiation table. Today, that dispute was settled.
