Sunday, March 3, 2024

The justice declared six articles of labor reform invalid

Justice took another step before the protection presented by the CGT against the DNU by Javier Milei. TODAY six articles were declared invalid from the chapter labor reform.

However, the national judge of Labor, Liliana Rodríguez Fernández, clarified that It could be re-validated if approved by Congress through the Omnibus Law.

The judge’s resolution he agreed with Clarion made room”partially place of action of the protection promoted by the General Confederation of Labor of the Argentine Republic against the National State”.

Furthermore, he said that “the invalidity of articles 73, 79, 86, 87, 88 and 97 of DNU 70/2024 within the framework of this amparo trial and the current factual circumstances.”

However, the judge clarified that “enjoy formal validity in case of ratification by both Chambers during the extraordinary sessions in progress, or its validity shall cease by operation of law otherwise.”

Hugo Moyano, In The Cgt Strike.  Photo By Marcelo CarrollHugo Moyano, in the CGT strike. Photo by Marcelo Carroll

The verdict handed down by Judge Liliana Rodríguez Fernández does not make the entire DNU unusablebut only a few articles.

One by one, the articles of the DNU labor reform chapter overturned the decision

Article 73: It changes the conditions under which the union dues from the workers. The DNU stated that the employee must give his consent to have the fees or contributions ordered by the CCT, cooperatives, mutuals, etc.

Article 79: It establishes rules for the collective negotiation of employment contracts: It allows the working day to be adapted to the conditions of each activity and methods of production, as long as the welfare of the workers is taken into account. In addition, it allows the negotiation of overtime terms, time banks and franc payments.

Article 86: It is built once youthe validity of a Collective Labor Agreement ends (CCT) only standards that refer to working conditions will remain in force and enforceable. Any other obligation established by the CCT will be void, unless the parties who signed the agreement agree.

Article 87: It includes Article 20 Bis of the Labor Contract Law, which allows union representatives, delegates, internal commissions and the authorities of different sections of union associations to convene assemblies and congresses in delegates within the company. as long as it does not harm their activities normal or affect third parties.

Article 88: It lists a series of actions prohibited and would be considered “violations very serious”. This article seeks to limit the power of unions against companies and workers who they do not follow a force scale. In particular, those affected by lfreedom to work “To those who do not comply with a measure of force by acts, acts, intimidation or threats”.

Also, established penalties for those who caused the blockade or the confiscation of an establishment and for those who prevent or obstruct the entry or exit of people or things to the workplace.

Another of the punishing behaviors is the reason damage to persons or property of the company or third parties located in the establishment or its improper retention, which includes merchandise, facilities and raw materials, etc.

Those who should be responsible for these violations are the trade union organizations.

Article 97: It establishes the obligation of provide minimum services of essential services and activities of transcendental importance affected by collective conflict. This provision must be in the case of essential services at least 75% in routine tasks and in case of important activities transcendental not less than 50%.

In addition, they are built as services Fundamental to the Sanitarybringing medicines and hospital supplieson gas and telecommunications others, and how transcendental those of transportation of goods, radio and television, banking and finance.

The foundations of the judgment against the labor reform of the DNU by Javier Milei

At the time of the decision, the judge took that into consideration the use of a DNU to change labor regulations not justified in this casebecause in its opinion there are no extraordinary circumstances that make it impossible to process it normally.

The truth of that Congress is now in session This is one of the main reasons emphasized by the judge in his court. “What’s more, not only does it work, but it’s done the Executive Branch itself incorporated in the discussion of extraordinary sessions the issue of the ratification of DNU 70/2023,” emphasized the judge in his resolution.

In addition, the judgment stated the need and urgency of the reform of reasonable or relevant with economic difficulties as described in the decree.

The judge also added to the basis of his decision that any measure of this kind that changes the labor law, must be ultimately approved or rejected by Congress.

However, the judge considered that Title IV of the DNU -which refers to labor reform- does not put food rights in the game (as stated by the CGT), and that “it is immaterial, in the case, whether or not those regulations include food rights (although I think they are not), because the effect that the plaintiff has -suffering with such changes is indisputable.”

World Nation News Desk
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