2023-09-22 13:21:50
The Second Chamber of Labor rejected the labor demand by a lifeguard who claimed more than 6 million pesos, stating that he had worked for the Municipality of Bariloche since February 2, 2003 as a lifeguard, and then as a coordinator until the start of the 2020/2021 season.
The ruling took into account the context of the claim and emphasized that with the Covid-19 health emergency, mandatory social isolation was extended until December 21, 2020 and ““It was unknown if the beaches would be open.”
«In this way, Justice endorsed the actions of the municipal government that had established, prior to the 2020/21 summer season, a certain limited number of workers, because the sanitary conditions in the city were not in place, as a result of the pandemic,” they reported from the municipality.
That year, the municipality regulated the hiring of lifeguards and established “revalidations” that they had to submit prior to each summer season. In this sense, the Labor Chamber understood that The Municipality has no obligation to maintain the job stability of lifeguards since they are not municipal employees. Instead, he proposed a temporary hire.
«The activity that lifeguards provide within the framework of the beach safety operation has the typical and defining features of seasonalitysince it is called to be fulfilled only in a pre-established and certain time of the year (in the case of our city, during the summer season, limited and limited not only by the climatic conditions of the area, but also by the low temperatures of the lakes. ),” states the ruling.
From the Municipality, they highlighted that this is the second favorable measure in relation to lifeguard claims. The previous one was issued in October 2022, when the Superior Court of Justice of Río Negro granted an extraordinary appeal promoted by the Municipality and partially revoked a sentence issued by the Labor Chamber in February 2021.
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