A labor judge granted a precautionary measure this Monday (30), in an action presented by the General Confederation of Labor (CGT), the largest union center in Argentina, to suspend the application of 82 of the 218 articles of the labor reform promoted by the government of President Javier Milei, approved in February by Congress.
Judge Raúl Ojeda considered that there are signs of regressiveness in labor matters, possible violation of constitutional principles and risk of irreparable damage when deciding to provisionally suspend articles that introduce substantial changes to the Argentine labor regime.
With the injunction, dozens of articles are temporarily ineffective, until the merits of the issue are judged. The government can appeal to the Department of Labor to try to reverse the decision.
Which articles of the labor reform were overturned by the courts?
Among the changes inaugurated by the labor reform that were provisionally overturned are those that limit the right to strike; that make the working day for up to 12 hours, with the possibility of compensation; and which reduce the value of compensation by dismissal.
The judge also suspended articles that change the rules of collective bargainingwhich introduce changes to the probationary periodswhen calculating years of seniority, the court transfer of labor for the city of Buenos Aires and the repeal of the labor law remote work.
The magistrate responsible for the case – who was an advisor for legislative affairs to the former Minister of Labor, Carlos Tomada, during the Kirchner governments – recognized the union federation as the collective representative of the entire Argentine working class in the process.
When justifying the urgency of the decision, the labor judge argued that there is a “danger” in delaying the trial for the worker as it involves threats of “irreparable damage” until the merits of the case are analyzed, which could result in the reform being declared unconstitutional.
