2024-07-27 21:43:07
CNT asked the Constitutional Court to declare an inexcusable error by the judges who allowed thousands of public officials to become part of the collective agreement.
The state-owned telephone company Corporación Nacional de Telecomunicaciones (CNT) is seeking to remove more than 3,000 public employees who were hired in 2022 from the collective contract.
These workers were incorporated into the collective bargaining agreement after the judge of Rocafuerte (Manabí), Luis Iván Tuquerres, granted a protection action in favor of the CNT union in March of that year. In June of that year, the sentence was ratified by another court, also in Manabí.
The protection action, requested by the secretary of the CNT union, Oswaldo Chica, allowed all employees of the state telecommunications company, including career officials under the Public Companies Law, to be incorporated into the collective contract that only contemplates workers under the Labor Code. But the Constitutional Court is now analyzing whether there were errors in these sentences by the judges of Manabí.
In the midst of this analysis process by the Constitutional Court, on July 1, 2024, the public company asked the Court to declare the inexcusable error of the judges who allowed these public servants to enter into the collective agreement.
How did the payroll change at CNT?
Before the ruling, in May 2022, CNT had 1,835 workers covered by collective bargaining.
And another 4,719 employees were outside, considered public servants under the Public Enterprises Law. Among them, employees in the administrative and customer service areas.
Following the ruling, CNT closed 2022 with 5,659 workers covered by the collective agreement. And only 1,400 remained under the Public Enterprises Law. CNT told PRIMICIAS that until June 30, 2024, some 5,632 people; that is, 98% of the telephone company’s staff, are covered by the collective agreement.
Constitutional Court is reviewing the CNT case
Following this controversial decision by the Manabí judges, it was the Constitutional Court itself that, in March 2023, chose this case to analyze.
The Court considered that the seriousness parameter was met. “At first glance, the trial judges accepted the protective action and ordered a measure that, apparently, was not intended to repair the violation of a constitutional right, but to declare the right to collective bargaining, which could constitute a distortion of the protective action,” says the Constitutional Court, in its statement at the beginning of the process.
Constitutional lawyer Aldrin Gómez explains that if the Court considers that it was not appropriate for the judges to accept the protection action, it could issue a new ruling. “The Court could reject the protection action. That would leave these workers who entered into the collective contract without benefits,” says Gómez.
And that is what the telephone company hopes. In addition, CNT told PRIMICIAS that on July 1 it requested the Constitutional Court to declare an inexcusable error on the part of those judges.
If the Constitutional Court accepts the request, the Judicial Council would initiate an administrative investigation for inexcusable error, which would end in the dismissal of the judges. The Constitutional Court could even refer the case to the Prosecutor’s Office if it detects that there is a possible prevarication, says Gómez.
What was the CNT union demanding?
On March 4, 2022, the union filed a protective action against CNT, considering that its rights to work, equality and non-discrimination, and collective labor contracts were violated. And in just 17 days, Judge Luis Tuquerres, of the Multi-Competent Civil Judicial Unit of Rocafuerte (Manabí), ruled in favor of the union.
It even determined that CNT had to pay the benefits retroactively from 2009. CNT disagreed and appealed. However, the ruling was ratified on June 29, 2022 by Judge Gabriel Intriago Mejía and other judges of the Specialized Family Chamber of the Provincial Court of Justice of Manabí.
Although the retroactive payment was eliminated in the second instance ruling, CNT management is still in disagreement. That is why it is waiting for the Constitutional Court to rule.
Who can be covered by a collective agreement?
The CNT claims that the union’s request is contrary to what is permitted by the Constitution in its article 229 and in article 26 of the Law on Public Enterprises. Article 229 of the Constitution makes a distinction between public servants and public sector workers.
And the Law on Public Companies states that in these entities, human talent that does not have the quality of workers is excluded from collective contracting. “That is, public servants of free appointment and removal, in general, those who occupy executive, management, representation, management, advisory, confidential positions, general attorneys, consultants and career public servants.”
CNT does not have the resources to pay subsidies
In response to PRIMICIAS’ query, CNT said on July 3, 2024 that the company is not paying workers two of the benefits of the collective agreement: the family allowance and the seniority allowance.
By: PRIMICIAS