The Labor Appeals Court of the Second Judicial Court of San José declared the strike movement of the education sector protesting the fiscal plan, which extended 89 days, as legal, considering that there was no proof that the movement “was not peaceful nor that it affected essential services”.

Judges Adriana Chacón, Ana Ruth Fallas and Luis Eduardo Mesén, rejected the arguments presented by the judge in the first sentence which had declared the movement illegal, considering the that the movement affected essential services, was not peaceful and violated the principles of reasonableness.

“It is not possible to declare the illegality of the strike movement that is being analyzed, and, within the same frame, we conclude that said movement does comply with the requirements to be declared legal”, reads the sentence signed by judge Luis Eduardo Mesén.

By declaring the strike legal the courts are eliminating all possibilities for the State to recover the salaries paid to the teaches while on strike. The movement began September 10 and finished December 7, closing completely more than 52% of the public schools and affecting the remaining 48% partially, the Ministry of Public Education estimated the total paid in salaries in over $152 million.

In addition, this sentence obligates the Ministry of Education to pay 300 thousand colones to each of the lawyers that represented the labor unions in this case.

Judges also considered that the strike did not affect essential services due to the closure of school cafeterias since these are not the responsibility of the educators.