Court rules in favor of appeal filed by Codelco against Labor Association

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RANCAGUA.- The Appellate Court of Rancagua has accepted the appeal for protection filed by the El Teniente Division of Codelco, Engineering and Cone Contruction Lta., and CIMM Technologies and Services S.A. to protect the companies from the Regional Labor Association regarding the lawsuit and corresponding ruling issued concerning the dispute about subcontracted workers.

The Court stated that "the complaint concerns an illegal, arbitrary, act of deprivation and disruption that threatens the constitutional rights of the plaintiffs, requiring the Court to uphold the requested measures".

In addition, the court announced that "the documentation certifying the lawsuit that was filed at the Public Attorney's Office regarding Law 20,123 (subcontracted labor), on December 5th, 2007 is therefore invalid". The document consists of 29 pages and states that the mentioned employer of the workers is, in effect, the owner of the project, company or task and is ordered to "correct the denounced labor system" within a period of fifteen days "to avoid being fined".

Minister Miguel Vásquez, who had voted against the ruling, said that he was against the protective measure, citing his belief that "the appeal was the result of a manipulation of legal resources".