The judicial authorities in Argentina have temporarily blocked the reform of the labor legislation provided for by the December decree of the new president, Javier Milea, the AFP and Agerpres agencies inform.

Javier MileyPhoto: Juan Mabromata / Zuma Press / Profimedia

Following an appeal by the CGT – the largest trade union in the country – the relevant court, the National Chamber of Labor, this week suspended the application of the corresponding chapter of the decree pending a legislative examination on the merits.

Argentina’s opposition has been speaking out in the courts, in parliament and in the streets against the liberal revolution promoted by Millais, particularly through the contested decree. The CGT announced a general strike and mobilization for January 24, only a month and a half after the start of the presidency. AFP notes that this is the fastest protest of its kind in Argentina’s 40 years of democracy.

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In Buenos Aires, the government is expected to appeal the court’s decision, which would otherwise remain in effect “pending a final decision on the merits raised” in the proceedings. Magistrate Rodolfo Barra, who has the powers of “general prosecutor” to oversee legality, legal advice and protect the interests of the state, confirmed to AFP that an appeal would be filed.

On December 20, just ten days after taking office as president, Millais announced the Decree of Necessity and Urgency (DNU), which creates the framework for massive deregulation of the economy by amending or repealing more than 300 regulations related to labor, price controls, and rent. , privatization, export and import.

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The new head of state justified this measure by the need “to begin the path to the reconstruction of the country, to give individual freedom and autonomy, and to begin the abolition of a huge number of rules that blocked, hindered and impeded economic growth.”

Technically, the DNU has already entered into force, but subject to further approval by the parliament of Buenos Aires, where the president’s party ranks only third in the number of mandates. The calendar of the procedure is not yet clear, reports AFP.

The most controversial labor reforms

Lawyers are fiercely arguing about the constitutionality of the decree. The DNU has been attacked in about a dozen court appeals, including one filed last week by the CGT. The most discussed labor reforms are the extension of the probation period for employment from 3 to 8 months, reduction of compensation upon dismissal, limitation of the right to strike, the possibility of dismissal in case of blocking or occupying a workplace.

The judges recognized that there is no apparent “urgency” that would justify avoiding legislative control, especially since some regulations “are repressive or punitive in nature.” They emphasized that it is not explained how the situation can be “corrected” by the immediate application of the proposed reforms and how the reduction of unemployment will accelerate, especially since the text of the decree itself emphasizes that the employment level has been “stagnant for 12 years”.

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