Court Rules Employees of the National Emergency Commission and Santa Ana Municipality on Strike to be Illegal

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The Labor Court of the First Judicial Circuit of San Jose declared the strike promoted by the National Association of Public Employees (ANEP) in the National Emergency Commission (CNE) illegal.

The sentence 1549-2018 was dictated by Judge Javier Camacho Duarte considering that the minimum requirements for a legitimate strike were not met and in addition to this, the National Emergency Commission provides a public service that is essential and must remain operational and at 100% of its capacities.

Only 6 out of the 153 employees of the National Emergency Commission had joined the movement in the beginning but only 3 are still striking the Judge ruled that in this case the movement did not have the support of the minimum number of employees as required by law.

On the other hand, Judge Ileana Castillo Porras, ruled the strike illegal for employees of the Santa Ana Municipality.

Castillo considered that the services provided by the Municipality are an essential service and not providing them “could endanger the life, security or health of the person in all or part of the population” as stated by the International Labor Organization (ILO); she also sentenced that requirements established by law were not met, again when it comes to the number of employees required in an institution supporting the movement.

These decisions make for a total of 4 resolutions of 32 that were presented by different institutions since the movement started back in September 10.

The labor unions now have 3 days to present their appeal.

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