Tuesday, February 27, 2024

The Court of Appeals declared Milei’s labor reform unconstitutional

An appeals court on Tuesday declared unconstitutional a labor reform promoted by far-right president Javier Milei by decree at the end of last year, unleashing fury among the main union centers.

The decision represents a brake on the reformist progress of Milei, who seeks a general deregulation of the economy and limits the interventionism of the state as a way out of the recession suffered by the South American country over the years.

The National Chamber of Labor Appeals decided to “declare the constitutional invalidity” of the labor provisions included in the presidential decree, according to the judgment of the three judges that make up that court.

The rule establishes the extension of the trial period from three to eight months, the elimination of double dismissal payments for cases where the worker is not registered, and considers the participation of workers in blockades or taking over establishments. as grounds for dismissal. case of protests and the limitation of the right to strike in activities considered important, such as education, transportation, telecommunications, etc.

The judicial resolution on Tuesday is part of a lawsuit for unconstitutionality initiated by the General Confederation of Labor (CGT), the main trade union center in the country. This organization achieved for the first time an order that the justice system suspend the application of labor reforms.

As part of the resistance plan against Milei, the CGT called for a general strike and mobilization on January 24.

For the judges of the Court of Appeals, Milei’s order is against Article 99 of the Constitution, according to which the Executive Branch cannot issue legislative provisions except in exceptional circumstances. In the opinion of the magistrates, the current circumstances do not justify the president ignoring Congress to establish a new labor regime.

Since the publication of the decree, at least half a dozen cases have been filed in court to prevent its application, including by opposition governors and human rights organizations. The Supreme Court of Justice has the final word on the legality or otherwise of the order, although in the meantime, Milei cannot use the measures suspended due to the decisions of lower judicial bodies.

World Nation News Desk
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