The substitute judge in charge of Lower Labor Court No. 37, which is presided over by Judge Stella Maris Vulcano, has upheld the injunction (Section 195 of the Civil and Commercial Code of Procedure) and ordered the Company to stop any anti-union action and reinstate the three RAPPI workers by activating the app that allows them to continue working as usual, as a preventative measure in a context where the Claimants have proved that they have started the procedure to form a union that will group similar workers under these atypical and special contractual terms. (National Lower Labor Court No. 37. Case File No. 46618/2018, “Rojas, Luis Roger Miguel et al v RAPPI ARG SAS on injunction”- Interlocutory decision No. 1141, Buenos Aires, March 19, 2019).
Published in El Cronista on March 26, 2019
This decision is grounded on Act No. 23592, which is a general law, and not a labor law, providing protection against any form of discrimination, whereby the Court is authorized to issue the abovementioned injunction. The Court has left Unions Act No. 23551 aside, which only allows for the existence of representative unions in the interests of workers under employer-employee relationship, and presumes the application of the Employment Contract Act [Ley de Contrato de Trabajo] when service providers may be characterized as freelancers or entrepreneurs governed by the Civil and Commercial Code of Argentina. Seguir leyendo RAPPI: Case Law Creates a Space For a Future Union