The desire of the far-right Javier Milei to pulverize the laws that regulate the working marketto the point of limit the right to strike, has found its first obstacle in the courts. The National Chamber of Labor Appeals of Argentina temporarily suspended the reform this Wednesday included in the decree of necessity and urgency (DNU) signed by the president on December 20 with the purpose of completely deregulating the economy of this country.
The judges María Dora González, Andrea García Vior and Alejandro Sudera left changes without effect on labor matters that had come into force on December 29. “It is a public and well-known fact that workers are a socially vulnerable sector.” In the opinion they highlighted that the Executive’s justification is insufficient to demonstrate the need for structural changes.
The magistrates not only cited pronouncements from the Supreme Court but also Juan Bautista Alberdi, one of the fathers of 19th century Argentine constitutionalism, whom Milei has turned into a standard bearer of extreme liberalism. “It comes to my memory that in his immortal work ‘Bases and starting points for the political organization of the Argentine Republic’ – which served as one of the material sources of the liberal National Constitution of 1853 – Alberdi wondered – -and he responded– about it: ‘What does it matter that the laws are brilliant, if they are not to be respected?“, is stated in the ruling.
Reaction of unionism
The General Confederation of Labor (CGT) highlighted the content of the precautionary measure. According to the labor union, the judges justified their decision by pointing out that “the DNU introduces important modifications of immediate application in labor matters,” but does not explain how these changes “could remedy the situation referred to in its foundations to justify a general labor reform and pejorative for workers“.
According to the CGT, the National Chamber of Labor Appeals draws attention to the “regressive” alterations of the DNU with regard to issues such as “labor contracting, rights and obligations of the parties, protection of pregnant workers and maternity , working hours, protection against arbitrary dismissal, breach of contract and its consequences, discrimination and its consequences, operation of trade associations and collective conflicts.
With organization, unity and commitment, from the CGT we have managed to stop the attempted labor reform proposed in the DNU. They will not defeat us as long as we remain united.
I send a strong and warm hug to all the comrades who support and join our fight plan. We… pic.twitter.com/e2kyZyBCfe
— Hector Daer (@hectordaer) January 3, 2024
The measure adopted by the court is provisional. The Government is expected to appeal to the Labor Chamber. Analysts estimate that the lawsuit will finally reach the Supreme Court, where another appeal has already been filed by the province of La Rioja, sponsored by one of the former members of the highest court, Raúl Zaffaroni.
Draconian shock plan
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The DNU opens the doors to privatize all public goods, allows foreigners to acquire land in areas bordering or adjacent to glaciers and is considered a strong setback in environmental matters. Furthermore, the Government has announced a draconian shock plan, with a strong impact on the inflation.
The measures have been object of rejection in the streets with two caceroladas. Last week, the CGT, of Peronist inspiration, carried out a mobilization against the DNU and, in addition, is preparing a general strike for January 24. “With organization, unity and commitment, from the CGT we have managed to stop the attempted labor reform proposed in the DNU. They will not defeat us as long as we remain united. I send a strong and warm hug to all the comrades who support and join our fighting plan,” said one of the CGT leaders, Rodolfo Daer.