Justice suspends the “Labor Law” section of Javier Maile's reforms

Justice suspends the “Labor Law” section of Javier Maile's reforms

Argentine President Javier Miley in Buenos Aires. Thomas Cuesta/Reuters

The Argentine judicial system on Wednesday rejected, at least temporarily, labor law reforms included in the Labor Code.Huge decree» Editor-in-Chief, ultra-liberal Javier Maile, suspended their application pending legislative review on the merits.

The National Employment Chamber, a body concerned with labor law, contacted by the CGT, the largest trade union center in the country, took theA precautionary measure is stopping the application“From the provisions of the chapter”a job» From the Decree of December 20, awaiting a substantive legislative study. This comment deserves it.”Until a final decision is issued on the substantive issue raised in these proceedings», the judges stressed in their decision, which was published by several media outlets, including the official Telam agency.

The ruling, which represents the first, albeit temporary, setback for Javier Miley's ultra-liberal reform campaign, will be the subject of an imminent appeal. the government “We will appeal“, Rodolfo Parra confirmed to Agence France-Presse, “Attorney general» Responsible for Sharia oversight, advice, and defense of the state. President Milley, who was inaugurated on December 10, announced 10 days later, “Decree of necessity and emergency» (DNU), setting the framework for broad liberalization of the economy, amending or abolishing more than 300 standards, particularly affecting employment, control of prices and rents, privatization of public enterprises, and export and import regulations.

When introducing the decree, Javier Maile justified it by the need “To begin the path towards rebuilding the country, restoring freedom and independence to individuals and beginning to disarm the vast amount of regimes that have hindered, hindered and prevented economic growth.“. this “DNU“Technically entered into force, but subject to further approval by Parliament, with Miley’s party only the third force. In a timeline that remains hypothetical.

Justice, the streets and parliament

But it has already become the subject of lively debates among jurists about its constitutional character or not, and at the same time has been the subject of about a dozen legal challenges, including those brought by the CGT at summary proceedings, which were filed last week. The most controversial aspects of the proposed labor law reforms, for unions, relate to the extension of the trial period from 3 to 8 months, the reduction of compensation in the event of dismissal, the limits of the right to strike, and the possibility of dismissal at work. – Case of blockage or occupation of the workplace.

Among their arguments, the justices cited “That what constitutes so-called “emergency” grounds does not appear to preclude due interference of the legislature with the substance of the legislation“Especially since there are certain standards.”Of an oppressive or punitive natureThey also confirm that “It was not made clear how the proposed reforms, if implemented immediately, outside the normal legislative process, would address the situation“And rapidly strengthen formal employment,”A fortiori is that the decree itself confirms that this employment has remained stagnant for 12 years“.

The legal action is one of the three axes of struggle – with the street and parliament – ​​of the opposition, the strong winds against Maili's liberal revolution, and her massive decree in particular: the CGT called for a general strike and mobilization for January 24, the first strike against a government in 40 years of democracy, a month later And half of her coming to power.

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