Published on :

29/03/2024

Category :

Argentinian trade union CGT took legal action against the government in order to halt the drastic labour law reforms that were pushed through by the government using emergency measures.

The emergency measures invoked by the government meant that the legislative text - which under it's fourth chapter aims to reform Argentina's labour law drastically restricting trade union rights (El Decreto de Necesidad y Urgencia N° 70/2023, "Bases para la reconstrucción de la economía argentina") - was not discussed in Parliament, a procedure that the CGT argued was unconstitutional. In its judgement No. 56862/2023, the Court of Appeal dealing with labour law matters agreed with CGT, finding that there were no objective reasons impeding the legislative chambers to sit and discuss the legislation in question (see pages 10 - 11 of the judgement). It remains to be seen whether the government will appeal the decision and take the case to the Supreme Court.

The legislative reforms proposed in the text include among others, hefty fines for striking trade unions, a matter for which the CGT also submitted a Representation to the International Labour Organisation (ILO) alleging non-observance by Argentina of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Representation was declared admissible and transferred to the Committee on Freedom of Association - see here.

Among the documents below please find the full and final text of the judgement as well as the full text of the DNU.