The Argentine justice system rejected on Wednesday January 3, at least provisionally, labor law reforms included in the “mega decree” deregulator of ultraliberal President Javier Milei.
The National Chamber of Labor, a labor law body, which had been contacted by the Confederación General del Trabajo (CGT, General Confederation of Labor), the largest trade union center in the country, took “a precautionary measure suspending applicability” of the provisions of the “Work” chapter of the decree of December 20, pending a legislative examination on the merits.
This suspension is worth “until a final decision is rendered on the substantive issue raised in these proceedings”underline the judges in their decision, published by several media, including the official Telam agency.
The judgment, a first setback for Javier Milei’s ultra-liberal reform drive, will be the subject of an imminent appeal by the government, confirmed to Agence France-Presse Rodolfo Barra, the “prosecutor general” in charge legality control, advice and defense of the State.
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The constitutional character debated
President Javier Milei, inaugurated on December 10, ten days later announced a “decree of necessity and emergency” (DNU), setting the framework for massive deregulation of the economy, modifying or repealing more than three hundred standards, affecting in particular work, the control of prices and rents, the privatization of public companies, regulations on exports and imports.
Presenting the decree, Javier Milei justified it by the need “to begin the path towards the reconstruction of the country, return freedom and autonomy to individuals and begin to disarm the enormous quantity of regulations which have held back, hindered and prevented economic growth”.
This “DNU” has technically entered into force, but subject to subsequent approval by Parliament, where Milei’s party is only the third force.
It is already the subject of lively debates between jurists regarding its constitutional character, and has at the same time been the subject of around ten legal appeals, including that of the CGT in summary proceedings, filed last week.
The most controversial aspects of the proposed changes to labor law relate, for unions, to the extension of the trial period from 3 to 8 months, the reduction in compensation in the event of dismissal, limits to the right to strike, the possibility of dismissal in the event of blockage or occupation of the workplace.
General strike on January 24
Among their arguments, the judges note that “does not appear what constitutes so-called reasons of “urgency” to avoid the due intervention of the legislative power on the merits of the legislation”especially since certain standards “have a repressive or punitive nature”.
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They also emphasize that“it is not explained how the proposed reforms, if applied immediately, outside the normal legislative process, could remedy the situation” and boost formal employment quickly, “a fortiori given that the decree itself underlines that this employment has stagnated for twelve years”.
The legal recourse is one of the three axes of struggle of the opposition, headwinds against the liberal revolution of Milei, and his “mega decree” in particular. The CGT called for a general strike and mobilization on January 24, the earliest strike against a government in forty years of democracy, a month and a half after coming to power.
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2024-01-03 20:59:43
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