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Milei’s labor reform suffered another setback in Justice


The National Chamber of Labor declared itself competent and issued a new precautionary measure that suspends the application of the labor chapter of the decree of necessity and urgency (DNU) issued by the government of Javier Milei.

In the five points of the resolution, the second indicates that it declares “the competence of the National Labor Justice to hear this action”, in the next it admits “the formal viability of the chosen procedural route” and finally provides for “the precautionary suspension “of the effects of DNU 70/2023 regarding the operation of the provisions contained in its Title IV (WORK -arts. 53 to 97-) until a resolution is issued on the merits.”

Minutes before, the presidential spokesperson, Manuel Adorniannounced that the national Government will appeal, through an extraordinary appeal to the Supreme Court of Justice, the ruling issued by the National Chamber of Labor Appeals against the labor reforms following the CGT complaint.

Adorni announced that the Government will also request “the incompetence” of the Chamber of Labor to intervene in the matter because it understands that the corresponding jurisdiction is the Administrative Litigation. “All this goes against the jurisprudence on this matter”said the official.

DNU CTA WORK CHAMBER.pdf

Chamber of Labor accepted the complaint of the CGT and suspended the application of the labor chapter of the DNU

The day before, the National Chamber of Labor issued a precautionary measure that suspends the application of the labor chapter of the DNU dictated by the Government.

The fair court granted the request of the General Confederation of Labor (CGT), which had appealed a first instance resolution, and ordered the issuance of a precautionary measure until the substantive issue linked to the analysis of the constitutionality of the reform carried out through a DNU.

“A precautionary measure is issued suspending the applicability of the provisions of Title IV of the Decree of Necessity and Urgency No. 70/23 until a final ruling is issued on the underlying issue raised in these proceedings,” the judges of the Court stated by majority. National Chamber of Labor Appeals.

The Government reported that the Attorney General of the Nation’s Treasury, headed by the former judge of the Supreme Court Rodolfo Barra, “will appeal the precautionary measure” of the camera “and will request the incompetence of that jurisdiction.”

“The ruling contradicts all the rulings handed down so far in the country,” he added in a statement, and maintained that “it disregards the criteria adopted by the other courts in the country, both in the City (of Buenos Aires) and in the interior, which They sent the case to the natural and universal judge who knows all matters.” Thus, he alluded to the Federal Administrative Litigation jurisdiction, and in the particular case to Judge Esteban Furnari, who attracted all the presentations against the DNU.





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