Another legal setback for Lácteos Vidal. After the Justice forced Ácteos Vidal to reinstate 29 workers fired for blocking the Carlos Casares plant, now Judge Ignacio Ramonet is forcing the dairy PMI to define a bank for make astreints effective, which is about $10,000 a day for each of those laid off since May 18.
“That they stop denying me justice, that they stop violating my right to private property, my right to administration and organization, that they stop harassing Lácteos Vidal,” the owner of Lácteos Vidal, Alejandra Bada Vázquez, fired with great anger. And she wondered: “What do they want, melt it?”
To which she responded very angrily. “Let the union keep them since I’m sending them en masse“.
“We will appeal to Judge Ramonet’s sanity so that he do not leave the application of astreintes stillwhich should not be made effective due to the impossibility of complying with the reinstatement,” he said Rural Clarin the owner of Lácteos Vidal, Alejandra Bada Vázquez.
According to the SME owner, 23 new workers who worked at full capacity were introduced after the redundancy fund, both for the internal market and for exports.
First legal setback
On May 13, it was learned that the Labor Appeals Chamber no. 9 forced the dairy to reinstate 29 laid-off employees who brought the plant to a standstill in 2022.
“By virtue of the resolution passed by Section IX of the Chamber of Labour, the defendant is summoned to proceed with the immediate reintegration of the workers concerned”, reads the sentence.
Likewise, the text ensured that $10,000 per day was to be paid for each day of arrears for each of the workers for whom he defaulted, “which shall accrue from any default and until effective reinstatement.”
“We will continue to fight until the end. We would rather die on our feet than live on our knees,” said Bada Vázquez. “Lwe fired you for loss of confidence. They have committed several crimes which are all the root cause being investigated and there is no resolution yet,” she said.
This was observed by the owner of Lácteos Vidal Two criminal charges are pending against the fired: IPP 17-00-004240-22/00 and IPP 17-00-003792-22/00 pending before the Functional Unit for investigations and trials n. 3 of the Judicial Department of Trenque Lauquen, Buenos Aires.
“Vidal Dairy treats foodstuffs – milk and its derivatives – being impracticable and inadmissible, allowing the entry of workers who have acted against the company and its collaborators, being unable to guarantee that the products that are made are by workers in which all confidence is lost, since, in the face of any manipulation, consumers could be directly affected”, the dismissal telegram reads “, the SME owner remarked.
The conflict between Lácteos Vidal and Atilra began in mid-July last year with the union’s request for the recategorization of fourteen employees of the factory located in the city of Moctezuma, in western Buenos Aires. On 20 July, the mandatory conciliation was issued and work resumed at the factory. But then, on August 11, Atilra camped again in front of the plant. The situation between the two parties worsened up to the point of layoffs of 29 workers.
Extension
“I will put an end to the labor process industry,” said the head of government of the city of Buenos Aires, and presidential candidate, Horacio Rodriguez Larretaafter hearing the news of the legal setback against Lácteos Vidal.
“From December 10 I will work to amend this absurd Fines Law which only stops those who produce and give work. We must build a more just, predictable and balanced work system for everyone. No more mafias and trade union pressure. May Argentina no longer be there,” he added.
Support
The Association of small and medium-sized dairy enterprises (Apymel) has expressed its solidarity with the company and has launched harsh statements against the actions of justice, describing the situation experienced by many companies in the sector vis-à-vis the unions.
“Once again, we see how SMEs are held hostage to direct action measures by powerful trade unions, using and distorting the constitutional right to strike in a spurious and inappropriate way, to achieve results that they can hardly access with claims or debates due to of the ways of law and within the sphere of competence that the same substantive law marks”, reads a note.
And they added: “This improper method aims to break the will of the employer, flagrantly impeding the right to free trade and undermining the exercise of free enterprise. This abusive and repeated act clearly shows how our SMEs are helpless and forced to respect what is imposed on them, in absolute violation of the rights and guarantees protected by the Argentine national constitution”.
For Apymel, the position taken by Atilra “endangers the continuity of small and medium-sized enterprises, and the maintenance of the sources of employment that are generated in them”.
Source: Clarin
