Argentine Supreme Court will review the labor reform included in the Milei decree

The reforms proposed by presidential decree will remain suspended until the Supreme Court rules
Internet

Published at: 18/01/2024 10:31 PM

The Supreme Court of Justice of Argentina will review the labor chapter of the Decree of Necessity and Urgency (DNU), issued by President Javier Milei last December, Télam reported, in a review published by the Russian Today portal.

He explains that the deregulations of the Labor Law reach the highest judicial body in the country, after a labor court authorized this Thursday, the 18th, the extraordinary appeal filed by the Government against the precautionary measure that stopped it.

After the signing of the DNU, the General Confederation of Labor (CGT), which brings together the most important unions in Argentina, went to court to ask for its nullity, considering that it attacks labor rights contained in law 20,744.

In one of its chapters, the decree limits the right to strike, precarious working conditions and reduces severance pay, among other aspects.

According to what was published by the state agency, the National Chamber of Labor granted the extraordinary appeal filed by the Treasury Attorney and will refer the incident to the highest court, although “with regressive effect”. This implies that the reforms proposed by presidential decree will remain suspended until the Supreme Court is issued.

The head of the Attorney General's Office, Rodolfo Barra, had demanded that the extraordinary appeal be granted with suspensive effect, so that the precautionary measure of the CGT was deactivated, but it did not obtain the result he expected.

As stated by the National Labor Chamber in its ruling, “there are serious institutional reasons that legitimate the Superior's intervention because the functioning of legal institutions and the effectiveness of a technical medium that allows the Executive Branch to issue legislative orders that are immediately effective unless they are rescinded by the National Congress.”

The labor union had requested that the decree be declared unconstitutionality for “violating the basic principle of division of powers and establishing a labor reform with pejorative and permanent modifications to the rights of workers and their trade union organizations,” said the attorney general before the National Courts of Appeals in Federal Civil and Commercial Matters and Federal Administrative Litigation, Fabián Canda.

The prosecutor spoke out to say that the National Labor Justice is “competent” to intervene in the legal framework.

Milei's DNU, which establishes more than 300 amendments to existing laws to “deregulate the economy”, must be processed by both Houses of Congress, and must also draw a hundred amparos filed in the courts to make its application firm.

On January 24, the CGT will hold a general strike with mobilization across the country against the president's controversial 'decree'. It will be the first measure of national strength less than 45 days after the inauguration of the Government.


Mazo News Team

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