On Tuesday, the National Court of Appeals for Labor ruled in favor of a precautionary measure against the dismissal of trans workers. This was announced by the National State Workers Association, citing the failure to comply with the transvestite-transgender employment quota. The ruling issued by Enrique Catani and María Hockl provides for the reinstatement of a worker fired from the National Social Security Administration (ANSES), whose contract was not renewed as of March 21 of this year, Presentes reports.
Among the grounds, the Court recognizes that “the damage caused by the untimely manner in which the contractual termination was carried out exceeds the economic aspect that the loss of salary may cause to the plaintiff and transcends his spiritual and emotional aspect, especially when his access to the contract was linked to the application of Law 27,636, which protects his rights by virtue of the vulnerable situation in which his condition places him within society and which the State, through the aforementioned law, seeks to protect.”
This is how she refers to the law on the Promotion of Access to Formal Employment for Transvestites, Transsexuals and Transgender People “Diana Sacayán-Lohana Berkins”. As it is a precautionary measure, it must be complied with by the Government in the short term. Since Milei’s Government began, 25 thousand jobs have been lost in the national public sector. The layoffs have been taking place in multiple departments and places such as the Posadas Hospital, where they have been promoting an important campaign against layoffs and in defense of public health.
In March, after mass admissions and important meetings, the Department of Labor was able to rehire people who had found a position through the transvestite-trans quota and disability quotas, as well as workers on leave due to serious illness.
These events are part of the national government’s adjustments that have generated a strong recession and a fall in wages and income, coupled with job losses in both the public and private sectors. In particular, it is a denialist and misogynistic government that attacks both sites of memory and human rights, as well as programs that respond to gender violence, such as the 144 line. With these measures, Milei seeks to stigmatize women and sexual diversity, wanting to label the different rights won after years of claims and mobilizations as “privileges.”
The truth is that the crisis affects the vast majority of people who see their lives deteriorate day by day, and the structural discrimination suffered by sectors such as trans people has its own brutal expression in many cases. In the Autonomous City of Buenos Aires, a 29-year-old trans woman died in the street while waiting for a place in a shelter. In the richest city in the country, there have already been five deaths of homeless people in total. It is not the cold, it is the adjustment that is to blame.
To carry out the layoffs in the State, the Government relies on the high level of precariousness thanks to temporary contracts that are maintained government after government. The majority of the positions that were opened under the mandate of the Frente de Todo for the transvestite-transgender employment quota were under these modalities. Even then, the 1% established by law was not met. The judicial ruling sets a favorable precedent to fight in unity and organizing from below for the reinstatement of all.
Source: www.laizquierdadiario.com
