On June 22, 2018, Javier Aguilar Lema filed a labor lawsuit in Santiago's Second Labor Court and demanded that the state would pay $ 50 million after being expelled from public administration.
Since June 2015, Labor was a part of the Press Team of the then-editor of Michelle Bachelet's then-former Secretary of State, Francisco Javier Diaz, the renowned socialist activist, former editor of the second floor of La Moneda, and former editor of condemnatory speeches.
During three years, Aguiler manages the Labor portfolio's communications and activities, for which she received a monthly salary of $ 2.8 million. However, on 19 April, their employment situation changed: "It was known by the Labor Undersecretary of Labor that my representative, although they do not have political terrorism, they sympathized with the government of former President Michelle Bachelet, and the government's arrival to Sebastian Well, this sympathy, in the end, is to get them out of the underscores of Labor. Filing "the registered claim.
His dismissal gave way to a judicial war on labor conservation, in which professional accused were discriminated against and were falsely fired by the incoming government, in which there was a violation of moral damages and constitutional guarantee. The case was examined by the Labor Court for five months, which ultimately gave the reason and ordered the Treasury to pay $ 36,677,039 to the dismissed journalist.
Despite a different incident, the demand for dismissals became alarming for the current government. And also for the State Defense Council (CDE). In 2018 alone, the agency became a party to 774 claims filed by former public officials expelled from state resources, which requested a total return of $ 29 billion.
According to the CDE statistics, the number of legal proceedings filed in labor courts, 152 cases have been resolved (see Infographic). In 55.9%, CDE has won the state's behalf. In 17.7% it is lost and 26.3% has agreed to deal with the plaintiff. CDE notes that the Treasury has paid 10% of the demanded amount in only 152 cases, that is $ 645 million
In most cases the emphasis is placed on the organism. In her last public account, the CDE's President, Maria Eugenia Manouad, was seen by. "Increase in labor claims, which has risen more than 100% over the previous year (between 2016 and 2017), adds that the labor process, which is almost wholly oral and is heard in the hearing, seeks to make great time of its time. Our lawyers said that all this increase has been faced with 180 trial lawyers.
The courts of justice have also expressed the snowstorm for the reasons behind former state officials. Supreme Court chairman Haroldo Brito assured La Tercera that in the larger number of cases filed in 2018, there is concern in the Supreme Court.
"The labor justice system, which works very well in Santiago, has many problems. Apparently, labor struggles have increased, this is a new problem of state officials within the labor code system, but there is a problem which is very significant. Efforts are made to reverse. "
According to the authorities, public employees were not "going to the Labor Court before." There is a strong legal conflict in the court which has been established in the courts, so there should be an assurance that will make things clear. "
Lawyer Lawyer Lawyer Lewis Lizama at the Law Faculty of Chili University explains that the incidents of officers going to the labor courts are just recently.
Traditionally, public employees were only going to the Controller's Office, as they are governed by the executive law and not by the Labor Code.
Ten years ago, labor conservation figures were included in the Labor Code, which allows workers to claim their employment officials, such as life, health, independence of expression, etc., to claim the employers. Lizama explains that "it is enough for workers to show that their rights are injury signs or signs so that the employer is forced to prove against them."
Regulatory change was originally thought to be for the private sector, but things changed in 2014. The ruling of the Supreme Court explained that this law code of labor code was also applicable to public officials.
State employees started entering labor courts. Not only the central government, but also external agencies like most municipalities and state universities.
In his annual speech, the CDE president expressed differences with the court's standards that accept demands for labor protection. "It is a thesis that we do not share. In my opinion, it is not in my opinion that the public officials and the armed forces and the order can not claim to equate or apply the same labor law, which follows the behavior and work rules of the work by nature and works, retirement and Based on social security, it is clearly provided in their respective law, which relates to the private sector employees. Not bad. "
In parallel, the court began to adapt the principle of 2016 Jorge Bermudes, the Controller of the so-called "Legislative Trust". This criterion establishes contract workers – who represent 70% of public employees, if they serve three years in the office, then the "on-site" is believed to be in the practice of officers; That is, they have been recognized twice by their heads.
In this way, contracting officers can not be eliminated arbitrarily from their position because it happens when a new government acts.
Case in places
On April 10, 2014, Isabell de la Vera Morales was appointed as Regional Director of Service d'Entchagasta, in which she received a monthly salary of $ 8,493,334. But on April 4, 2018, he was signed by Interior Minister, Cristian Monkbeger, informing him that "this post has been resolved to request his voluntary resignation."
The possible violation of the unfair dismissal and possible violation of "the basic rights of equality before the law" was part of the arguments that the regional authority handed it over to the state against its labor laws, in which it requested more than $ 373 million in compensation. In the same case as the former Regional Director of Surveau del Moul, Omer Gutierrez Messi, the case is claimed and sought $ 133 million. Both reasons are valid.
The December 6 Constitutional Court ruling on the case of the San Miguel municipality states that the effect that former employees did not apply to labor conservation could still be unpredictable, Louis Lizama explains.
One possibility is that TC decisions are accepted by labor courts that accept these cases today. But it is also possible that they will fail in favor of the executives run by the Supreme Court.
In such situations, each defendant can use the TC case to abolish service lines. In Congress, some of the opposition's bill is being processed, which wants to establish clearly in the labor code that state officials can use labor courts.