Rossi CSJN Ruling: Union Delegate Protection for Registered Unions
In 'Rossi, Adriana v. National State' (Dec 9, 2009), the Supreme Court struck down Section 52 of Law 23,551, extending union representative protections to simply registered unions.
Apply the Fallo Rossi CSJN precedent to your claim?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Conceptual Distinctions
- Binding Doctrine of Fallo Rossi CSJN: Mandatory Supreme Court / CNAT case law.
- Zero Court Filing Fees: Full statutory exemption under Article 20 LCT.
- Pure Contingency Fees: We get paid only upon successful financial recovery.
1. Landmark Holding & Freedom of Association
The Supreme Court ruled that limiting statutory dismissal immunity exclusively to recognized majority unions violated ILO Convention 87 and constitutional union freedom guarantees.
2. Immunity from Dismissal & Mandatory Prior Court Authorization
No union representative from a registered union can be suspended, transferred, or terminated without mandatory prior judicial authorization (desafuero sindical).
Frequently Asked Questions on the Ruling
Does a delegate from a newly registered union enjoy job protection?
Yes. Under the Rossi ruling, they enjoy full union protection and cannot be dismissed without prior judicial authorization.
What happens if an employer fires a protected delegate?
The dismissal is legally null and void; courts order immediate reinstatement with full wage backpay.
How long does union protection last?
Throughout the elected term and for one year following its conclusion.