Argentine courts grant union’s request and suspend Milei’s labor reform

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Original article by Brasil de Fato republished from peoples dispatch under a Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA) license.

The measures are part of a “decree” announced by the far-right president in December

Labor reform is one of the points of Milei’s decree (Photo: Mídia NINJA)

The Argentine judiciary has granted a request from the National Confederation of Labor (CGT), the country’s main trade union center, and suspended the effects of the labor reform provided for in the “decree” launched by the government of ultra-right Javier Milei last December. The court decision published on January 3 is a precautionary one, i.e. it suspends the measure.

The decision was taken by the National Chamber of Labor Appeals, the first instance in the Argentine judiciary for appeals on labor issues. The court argued that there was no proven need or urgency to make the decision without consulting the Argentine Congress, which is responsible for legislation.

The “decretazo” is formally called the Decree of Necessity and Urgency (DNU), and is provided for in the Argentine Constitution. However, the executive branch can only issue this type of decree when there are exceptional circumstances and it is not possible to wait for Congress to meet.

Among other measures, the Milei government’s labor reform extends the probationary period for new employees from three to eight months (thus increasing the period in which employers can fire new workers without paying severance pay).

It also authorized the dismissal of workers who take part in picket lines or occupy workplaces during stoppages or strikes, as well as changes to overtime compensation systems.

According to Argentine newspaper La Nación, Wednesday’s court decision came as a surprise to the government. Clarín, another daily in the country, said that the government will appeal to higher courts to overturn the injunction issued by the Labor Appeals Chamber.

This article was translated from an article originally published in Portuguese on Brasil De Fato.

Original article by Brasil de Fato republished from peoples dispatch under a Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA) license.

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